Circular No. 05/2012/TT-BVHTTDL amends and supplements certain articles of related legal documents concerning the management of artistic performance activities and cultural service businesses. This Circular provides detailed regulations on procedures for issuing licenses for circulating music tapes, stage recordings, announcements of performance organization, application files for karaoke and nightclub business licenses, application forms for license issuance, and actual conditions to be inspected.
适用范围
The Performing Arts Administration Department, Departments of Culture, Sports and Tourism, tourist accommodation establishments, restaurants, refreshment places, organizations, and individuals engaged in karaoke and nightclub businesses.
要点
- The Performing Arts Administration Department issues licenses for circulating music tapes, stage recordings, and control labels (Article 1.3).
- Tourist accommodation establishments, restaurants, refreshment places must announce artistic performances at least three days before the performance (Article 1.6).
- Application files for karaoke and nightclub business licenses shall be implemented according to the provisions of Decree No. 01/2012/NĐ-CP and fees shall be paid according to the regulations of the Ministry of Finance (Article 1.3, Article 1.7).
- The application form for nightclub business licenses has been amended (Article 2.1, Article 2.2).
- Clause 1 and 2 of Article 9 of the Regulation on the production, export, import, circulation, and business of music tapes, sound discs, video tapes, video discs, stage recordings are abolished (Article 3).
🌐 本文件的社会影响
- Positive impact: Reducing administrative burdens for organizations and individuals operating karaoke and nightclub businesses through amendments and supplements to the regulations on application files for business licenses.
- Negative impact: It may cause difficulties in managing artistic performance activities if there are no new application forms for control purposes.
- What tasks does the Performing Arts Administration Department need to perform when issuing licenses for circulating music tapes and stage recordings?
❓ 常见问题
The Performing Arts Administration Department issues licenses for circulating music tapes and stage recordings and control labels in accordance with point a, clause 2, Article 5 of the Regulation.
Tourist accommodation establishments must announce artistic performances in writing at least three days before organizing the performance, clearly stating the name of the program, play; the content of the program, play; list of authors, directors, choreographers, composers, painters, actors; time and place of performance (Form 2).
What does the application file for karaoke and nightclub business licenses include?
The application file for karaoke business licenses shall be implemented according to point g, point i, clause 6, Article 2 of Decree No. 01/2012/NĐ-CP. The application file for nightclub business licenses includes an application form (Form 3).
What responsibilities does the licensing authority have when issuing karaoke and nightclub business licenses?
The licensing authority is responsible for inspecting the actual conditions of the license applicant and comparing them with the planning to issue the license (Article 1.3).
How are the fees for applying for karaoke and nightclub business licenses regulated?
Organizations and individuals applying for licenses must pay fees according to the regulations of the Ministry of Finance at the time of applying for the license (Article 1.7).
What are the fees for applying for a business permit for karaoke and dance establishments?
Organizations and individuals applying for a permit shall pay the fee as prescribed by the Ministry of Finance at the time of application for the permit (Article 1.7).
全文
CIRCULAR
Amending and supplementing certain Articles of Circular No. 04/2009/TT-BVHTTDL, Circular No. 07/2011/TT-BVHTTDL, Decision No. 55/1999/QD-BVHTTPursuant to Decree No. 01/2012/NĐ-CP dated January 4, 2012 of the Government amending, supplementing, replacing or abolishing relevant provisions related to administrative procedures within the scope of management of the Ministry of Culture, Sports and Tourism;
______________________
Pursuant to the Law on Legislative Acts of 03 June 2008;
Pursuant to Decree No. 24/2009/NĐ-CP dated March 5, 2009 of the Government detailing and providing implementation measures for the Law on Issuing Legal Normative Documents;
Article 1. Other types of artistic performances
At the proposal of the Director of the Office and the Head of the Legal Department;
The Minister of Culture, Sports and Tourism issues this Circular amending and supplementing certain Articles of Circular No. 04/2009/TT-BVHTTDL, Circular No. 07/2011/TT-BVHTTDL, Decision No. 55/1999/QD-BVHTT.
Article 1. Amending and supplementing certain Articles of Circular No. 04/2009/TT-BVHTTDL dated December 16, 2009 of the Minister of Culture, Sports and Tourism detailing the implementation of certain provisions of the Regulation on cultural activities and public cultural service business operations issued together with Decree No. 103/2009/NĐ-CP dated November 6, 2009 of the Government
1. Clause 3 of Article 4 is amended and supplemented as follows:
"3. The Director of the Performing Arts Department shall issue permits for the circulation of music tapes and discs, stage performances as stipulated at point a, Clause 2, Article 5 of the Regulation.
The Performing Arts Department and the Department of Culture, Sports and Tourism shall issue control labels for music tapes and discs, stage performances as stipulated at Clause 4, Article 5 of the Regulation.
The application for issuance of control labels for music tapes and discs, stage performances (Form 1)."
Notification procedure for organizing artistic performances at tourist accommodation facilities, restaurants, refreshment establishments
2. Article 6 is amended and supplemented as follows:
"Article 6. At least three days before the date of the performance, tourist accommodation facilities, restaurants, refreshment establishments organizing performances by foreign art troupes and artists at their premises without selling tickets for admission as stipulated at Clause 2, Article 8 of the Regulation must notify in writing the Department of Culture, Sports and Tourism where the performance is organized.
The written notification must clearly state: Name of the program, play; content of the program, play; list of authors, directors, choreographers, composers, painters, actors; time and place of the performance (Form 2)."
3. Abolish Form 1 and Form 2.
4. Abolish Clause 3 of Article 10.
5. Abolish Clause 4 of Article 12.
6. Article 13 is amended and supplemented at Clause 2, Clause 3 as follows:
"2. The application documents for obtaining a karaoke business license, dance club business license shall be implemented according to the provisions at point g, point i, Clause 6, Article 2 of Decree No. 01/2012/NĐ-CP dated January 4, 2012 of the Government amending, supplementing, replacing or abolishing relevant provisions related to administrative procedures within the scope of functions and responsibilities of the Ministry of Culture, Sports and Tourism.
Application for a karaoke business license (Form 3).
3. The licensing authority shall be responsible for inspecting the actual conditions of the applicant for a business license and comparing them with the planning to issue the license."
7. Supplement Clause 4 of Article 13 as follows:
"4. Organizations and individuals applying for a business license shall pay fees as prescribed by the Ministry of Finance at the time of application for the license."
Article 2. Amending certain Articles of Circular No. 07/2011/TT-BVHTTDL dated June 7, 2011 of the Minister of Culture, Sports and Tourism amending, supplementing, replacing or abolishing relevant provisions related to administrative procedures within the scope of functions and responsibilities of the Ministry of Culture, Sports and Tourism
1. Form 23 is amended as follows:
Delete point 3 "Personnel directly managing the dance hall."
Application for a dance club business license (Form 4).
2. Form 24 is amended as follows:
Delete the phrase "3. Personnel directly managing the dance hall must have a secondary specialized education in culture and arts or higher" and the phrase "This permit is valid until the end of... month... year..."
Dance club business license (Form 5).
Business License for Nightclub (Form 5).
Article 3. Amend certain Articles of Decision No. 55/1999/QĐ-BVHTT dated August 5, 1999, issued by the Minister of Culture and Information on the Regulation on the production, export, import, circulation, and business of sound tapes, sound discs, video tapes, video discs, music and stage performances.
Repeal Clause 1 and Clause 2 of Article 9 of the Regulation on the production, export, import, circulation, and business of sound tapes, sound discs, video tapes, video discs, music and stage performances, promulgated together with Decision No. 55/1999/QĐ-BVHTT.
Article 4. Implementation provisions
1. This Circular shall take effect from June 15, 2012.
2. Heads of agencies and units under the Ministry, Directors of Departments of Culture, Sports and Tourism, and related organizations and individuals are responsible for implementing this Circular./.
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