Circular No. 08/2024/TT-BVHTTDL stipulates the organization and operation of the Art Council in the field of performing arts.

CIRCULAR

REGULATIONS ON THE ORGANIZATION AND OPERATIONS OF THE ART COUNCIL IN THE FIELD OF PERFORMING ARTSARTICLE ON REPRESENTATION

Pursuant to Decree No. 01/2023/NĐ-CP dated January 16, 2023 of the Government providing for the functions, tasks, powers, and organizational structure of the Ministry of Culture, Sports and Tourism;

Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on entrusting tasks, placing orders, or tendering for the provision of products and services using state budget funds from regular expenditure;

Pursuant to Decree No. 144/2020/NĐ-CP dated December 14, 2020 of the Government on artistic performance activities;

At the proposal of the Director of the Performing Arts Department;

The Minister of Culture, Sports and Tourism issues this Circular regulating the organization and operations of the Art Council in the field of performing arts.

Article 1. Scope of Regulation and Applicability

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

This Circular stipulates the organization and operations of the Art Council in the field of performing arts (hereinafter referred to as the Council).

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

This Circular applies to state management agencies for performing arts activities, agencies authorized or delegated state management authority over performing arts activities, members of the Council, and related organizations and individuals.

Article 2. Authority to establish, composition, structure, and term of office of the Council

1. Authority to establish the Council

a) The Council of the Ministry of Culture, Sports and Tourism shall be established by the Minister of Culture, Sports and Tourism; the minimum number of members shall be seven or more;

b) The Council of provinces and centrally-administered cities shall be established by the Chairman of the People's Committee of the province or centrally-administered city; the minimum number of members shall be seven or more.

2. The composition of the Council includes representatives who are leaders of state agencies, managers, and reputable experts with experience in the field of performing arts.

3. The person authorized to establish the Council as stipulated in Clause 1 of this Article shall decide to remove, supplement, or replace Council members in any of the following cases:

a) Members submit a resignation letter;

b) Members violate the working principles of the Council and fail to fulfill their responsibilities as stipulated in Articles 4 and 5 of this Circular;

c) Members are absent from three consecutive meetings without a valid reason.

4. The structure of the Council includes the Chairperson, Vice-Chairpersons, and Members. The number of Council members must be odd. The Council has a Secretariat to assist in its work, established by the person authorized to establish the Council, with a minimum of two members.

5. The Council operates on a term basis, with a minimum duration of three years. In special cases, the Council may be established to perform specific tasks.

6. The competent state agency as stipulated in this Circular is the Ministry of Culture, Sports and Tourism and the People's Committee of provinces and centrally-administered cities.

7. In cases where performing arts activities involve complex factors requiring cooperation from relevant sectors and fields, the Chairperson of the Council (or the Vice-Chairperson authorized by the Chairperson) may propose that the person authorized to establish the Council invite additional experts to provide advisory opinions to the competent state agency.

Article 3. Functions and duties of the Council

1. Functions of the Council

To advise the competent state agency on decisions regarding performing arts activities.

2. Duties of the Council

a) Analyze, evaluate, and assess performing arts activities funded by the state budget when requested by the head of the competent state agency as prescribed by law;

b) Analyze, evaluate, and assess performing arts activities upon request by the head of the competent state agency managing performing arts activities as stipulated in Decree No. 144/2020/NĐ-CP dated December 14, 2020 of the Government on performing arts activities.

Article 4. Principles of Operation of the Council

1. The Council operates on the principle of democratic centralism and makes decisions by majority vote. In necessary cases, the Chairman of the Council may decide not to convene a meeting but to seek opinions from members in writing.

2. Members of the Council shall perform their assigned rights and responsibilities and be accountable for their opinions. If a member of the Council belongs to the creative component or has interests related to the content of artistic performance activities, they shall not participate in advising on those activities.

3. A meeting of the Council must have at least two-thirds of the total number of members present. The Council operates through discussion and decision-making by voting or ballot. In case of a tie, the Chairman of the Council (or Vice-Chairman when authorized by the Chairman) shall make the decision.

4. The Council has a permanent office consisting of the Chairman of the Council or the Vice-Chairman of the Council (when authorized by the Chairman) and two members.

5. The advisory opinion forms of Council members (as per Appendix No. 01 attached hereto) shall be kept with the Council meeting file. The file shall be stored at the competent state agency.

6. The results of the Council's meetings must be agreed upon by at least two-thirds of the members and recorded in the Council's Meeting Minutes (as per Appendices No. 02, 03, 04, and 05 attached hereto).

7. Annually, the Council meets to review its operations and report the results of its activities to the agency that established the Council.

Article 5. Rights and Responsibilities of Council Members

1. Rights and Responsibilities of Council Members

a) Attend all Council meetings; in case of absence, report to the Chairman or Vice-Chairman of the Council (when authorized by the Chairman);

b) Evaluate, comment, or reserve personal opinions during the performance of functions and tasks. In cases where the Council does not convene a meeting but seeks opinions in writing, Council members are responsible for evaluating and commenting in writing and sending it to the Secretariat for consolidation;

c) Maintain confidentiality regarding information related to discussions and work outcomes;

d) Be entitled to remuneration as prescribed.

2. Rights and Responsibilities of the Chairman of the Council

a) Chair Council meetings and bear overall responsibility for the Council's activities;

b) Recommend to the competent authority to remove, supplement, or replace Council members;

c) Propose inviting experts and representatives of relevant state agencies to participate in Council meetings when professional advice is needed;

d) Announce and be responsible for the results of Council meetings;

đ) Delegate authority to the Vice-Chairman of the Council for one or more of the provisions set out in points a, c, and d of this clause;

e) Exercise the rights and responsibilities of Council members as stipulated in Clause 1 of this Article.

3. Rights and Responsibilities of the Vice-Chairman of the Council

a) Exercise the rights and responsibilities of the Chairman of the Council when authorized;

b) Perform tasks assigned by the Chairman of the Council;

c) Assist the Chairman of the Council in supervising and inspecting the implementation of Council activities;

d) Exercise the rights and responsibilities of Council members as stipulated in Clause 1 of this Article.

4. Rights and Responsibilities of the Permanent Office of the Council

a) Analyze, evaluate, and assess the improvement in quality of artistic performance activities based on the Council's recommendations;

b) Report the results of improving the quality of artistic performance activities to the competent authority of the management agency for consideration and decision.

Article 6. Powers and responsibilities of the Secretariat

1. Prepare all relevant materials related to the content of the Council's meeting; participate in the meeting, compile opinions of members, complete the minutes of the Council to report to the Chairman of the Council (or Deputy Chairman of the Council when authorized).

2. Provide necessary and relevant information to serve the activities of the Council.

3. Be entitled to remuneration as prescribed.

Article 7. Ensuring the operation of the Council

1. The Council's operating funds are allocated from the annual budget of the authority deciding to establish the Council and other sources of funding (if any) as provided by law.

2. The competent state agency deciding to establish the Council shall base on the actual conditions of the unit, specific activities and tasks of the Council to pay remuneration to the members of the Council and the Council's secretary in accordance with the financial regulations.

Article 8. Effective Date

1. This Circular takes effect from December 10, 2024.

2. Circular No. 15/2013/TT-BVHTTDL dated December 24, 2013, issued by the Minister of Culture, Sports and Tourism on the Regulations on the organization and operation of the Art Council in the field of performing arts ceases to be effective from the date this Circular takes effect.

3. During implementation, if there are difficulties, organizations and individuals are requested to promptly reflect to the Ministry of Culture, Sports and Tourism (through the Performing Arts Department) for guidance or consideration for amendment and supplementation./.