Decree No. 110/2018/ND-CP on management and organization of festivals

DECREE
REGULATIONS ON MANAGEMENT AND ORGANIZATION OF FESTIVALS

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Cultural Heritage of June 29, 2001 and the Law Amending and Supplementing Certain Articles of the Law on Cultural Heritage of June 18, 2009;

Pursuant to the Law on Beliefs and Religions of November 18, 2016;The Government promulgates this Decree on management and organization of festivals.

At the proposal of the Minister of Culture, Sports and Tourism;

Article 1. This Decree stipulates the management and organization of festivals within the territory of Vietnam.

Chapter I
GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 2. Regarding authority, time limit, procedures, and formalities for registering or notifying the organization of religious festivals shall be carried out in accordance with the provisions of the law on beliefs and religions.

This Decree applies to organizations and individuals who are Vietnamese citizens; organizations and individuals who are foreigners participating in festival activities within the territory of Vietnam.

Article 2. Applicability

Article 3. Definitions

Article 3. Explanation of Terms

In this Decree, the following terms shall be understood as follows:

1. Traditional festivals (including festivals at historical-cultural relics and folk festivals) are community cultural activities organized according to traditional rituals, aimed at meeting the spiritual needs of the people.

2. Cultural festivals are activities introducing and promoting outstanding and distinctive cultural and sports values; tourism potential about the country and people of Vietnam.

3. Trade festivals are activities promoting the characteristics and strengths of trades; honoring organizations and artisans who have made significant contributions to preserving and developing trades.

4. Festivals originating from abroad are activities introducing the culture, economy, and society of foreign countries to the Vietnamese public.

Article 4. State policy on festivals

1. Support activities to restore and protect traditional festivals to maintain distinctive and outstanding cultural values, meeting the spiritual life of the people.

2. Encourage traditional folk cultural, artistic, and sports activities; apply modern science and technology in organizing cultural festivals, trade festivals, and festivals originating from abroad.

3. Improve the quality of training and professional development of cadres specializing in festival management activities.

4. Expand international cooperation in festival activities.

Article 5. Principles of festival organization

1. Festival organization aims to educate patriotism, national pride, the moral principle of "Remembering the Source of Water," honor the achievements of ancestors and historical figures, and those who have contributed significantly to the formation and development of the country; promote the value of history, culture, and architecture of relics, and fine traditions of festivals.

2. Festivals must be organized solemnly, practically, and effectively; appropriate to the scale and content of the festival; traditional festivals should be organized in accordance with their essential nature and historical and cultural significance; reduce the frequency and duration of cultural festivals.

3. Rituals of festivals must be solemn and ensure tradition; do not perform violent, offensive, or anti-traditional rituals that contradict the Vietnamese nation's love for peace and humanitarianism.

4. Educate and guide people to form noble behaviors, attitudes, and perceptions; eliminate tendencies to pursue material benefits, greed, and personal interests.

5. Implement measures to protect relics and scenic spots; ensure security, order, social safety, fire prevention, traffic safety, and environmental hygiene.

6. Do not exploit festival organization for personal gain or group interests; do not compel organizations and individuals to contribute financially to festival organization.

7. Limit the use of state budget funds, promote socialization of resources in festival organization; practice thrift and oppose waste.

Article 6. Rights and responsibilities of festival participants

1. Festival participants have the following rights:

a) To express respect and gratitude towards ancestors and historical figures, to respect moral, cultural, spiritual, and religious values;

b) To wish for good fortune and happiness for themselves, their families, hometowns, and the country;

c) To engage in cultural exchanges and enjoy spiritual cultural values.

2. Festival participants have the following responsibilities:

a) To strictly comply with laws and regulations; internal rules for civilized behavior during festivals;

b) To behave culturally during festival activities; to dress appropriately and respectfully according to Vietnamese customs; not to use vulgar language or swear words that offend spirituality, thereby negatively impacting the solemn atmosphere of the festival;

c) To light incense and burn paper offerings only in designated areas; not to push or shove causing disorder and security breaches; to maintain environmental cleanliness;

d) Not to organize or participate in superstitious, unscientific, gambling activities, or other illegal behaviors;

đ) Not to exchange money at inflated prices within heritage sites or festival areas;

e) Civil servants, public officials, and employees, in addition to strictly adhering to the provisions set out in points a, b, c, d, and đ of Clause 2 of this Article, must also comply with the following: not to attend festivals during working hours; not to use official vehicles or means (or rented means) to participate in festivals (except in cases where they are part of the organizing team or assigned to perform duties).

Article 7. Responsibilities of agencies and units organizing festivals; responsibilities of the Festival Organizing Committee

1. Agencies and units organizing festivals shall fulfill the following responsibilities:

a) To complete registration procedures or notify the organization of festivals as prescribed in this Decree and to implement according to the content approved by the competent state management agency;

b) To establish and approve the operating regulations of the Festival Organizing Committee; to be responsible for the activities of the Festival Organizing Committee;

c) To be responsible for managing and organizing festivals in accordance with the provisions of this Decree;

d) To report in writing the results of organizing the festival to the competent state management agency receiving registration or notification no later than 20 days from the end of the festival.

2. The Festival Organizing Committee shall fulfill the following responsibilities:

a) To issue and disseminate operating regulations and assign responsibilities to members of the Festival Organizing Committee; internal rules for civilized behavior during festivals;

b) To promote and introduce the purpose, significance, and value of the festival through broadcasting systems, boards, signs, and other forms of publicity; to announce hotlines for receiving feedback from festival participants;

c) To develop and implement plans to ensure security, social order, environmental hygiene in accordance with the law;

d) To define entertainment and recreational areas and areas for service activities, ensuring that they do not encroach upon heritage site boundaries; to hang and place informative boards and directional signs in appropriate and convenient locations for festival participants to access information;

đ) To require service providers and vendors in festival areas to publicly display prices and sell at marked prices; not to solicit or force prices; not to sell counterfeit, substandard, or products of unknown origin; not to sell rare animals or foodstuffs that do not meet safety standards as prescribed by law;

e) Not to sell tickets or charge fees for participation in the festival; to guide the placement of offerings in designated areas; to manage and utilize festival revenue effectively, transparently, and for intended purposes.

Article 8. Suspension of Festival Organization

1. The competent authority receiving registration or notification has the right to request in writing the suspension of festival organization in the following cases:

a) Organizing festivals that distort the content and value of the festivals;

b) Organizing festivals that cause disruption to public security and social safety; violate traffic safety regulations, environmental protection causing serious consequences; cause fires, explosions, resulting in deaths;

c) Natural disasters or epidemics that have a negative impact on local social life;

d) Activities disseminating or promoting information, materials, items with fabricated content about the value and traditions of the festivals, causing public panic.

2. The festival organizing committee must immediately cease or suspend festival activities upon the request of the competent state management agency; promptly address the consequences, propose plans for continuing the festival organization to be reviewed and decided by the competent state management agency.

Chapter II
REGISTRATION AND ANNOUNCEMENT OF FESTIVAL ORGANIZATION

Article 9. Registration of Festival Organization

1. Festivals must register with the Ministry of Culture, Sports and Tourism before organizing, including:

a) Cultural festivals, industry-related festivals organized by central agencies (hereinafter referred to as national-level festivals) being organized for the first time;

b) Cultural festivals, industry-related festivals involving two or more provinces (hereinafter referred to as regional-level festivals) being organized for the first time;

c) Festivals originating from abroad being organized for the first time or revived after a discontinuation period of two years or more.

2. Festivals must register with the People's Committee of the province before organizing, including:

a) Traditional festivals, cultural festivals, industry-related festivals at the provincial level being organized for the first time or revived after a discontinuation period of two years or more;

b) Traditional festivals, cultural festivals, industry-related festivals involving multiple districts within a province or centrally-administered city (hereinafter referred to as provincial-level festivals) being organized for the first time or revived after a discontinuation period of two years or more.

3. Festivals must register with the People's Committee of the district before organizing, including:

a) Traditional festivals, cultural festivals, industry-related festivals at the district level being organized for the first time or revived after a discontinuation period of two years or more;

b) Traditional festivals, cultural festivals, industry-related festivals involving multiple communes within a district, town, urban district, or provincial-level city (hereinafter referred to as district-level festivals) being organized for the first time or revived after a discontinuation period of two years or more.

c) Traditional festivals, cultural festivals, industry-related festivals at the commune level being organized for the first time or revived after a discontinuation period of two years or more.

d) Annual traditional festivals at the district or commune level that have changes in organizational methods, content, or location compared to tradition.

Article 10. Documents for Festival Organization Registration

The documents for festival organization registration include:

1. A registration document clearly stating the name of the festival, its necessity, timing, location, scale, activity content, and the expected number of guests.

2. A plan to ensure public security, social safety, fire prevention, and environmental protection.

3. An anticipated composition of the festival organizing committee.

4. Documentation or documents proving the origin of the festival (for traditional festivals).

5. A document agreeing to the organization of the festival in Vietnam from the Embassy or Consulate or General Consulate of the country or territory and a document of agreement from the Ministry of Foreign Affairs (for festivals originating from abroad).

Article 11. Procedure for accepting registration files for national-level, regional-level, and foreign-origin festivals

1. The festival organizing unit shall submit the registration file to the Ministry of Culture, Sports and Tourism (directly, via postal service, or online) at least 30 days before the planned date of the festival.

2. Within 20 days from the date of receiving a valid registration file, the Ministry of Culture, Sports and Tourism shall be responsible for reviewing the following contents:

a) Completeness and legality of the file;

b) Programs and activities within the framework of the festival;

c) Plans to ensure public security, social safety, fire prevention, and environmental protection;

3. In cases where the festival activities involve other ministries or sectors, the Ministry of Culture, Sports and Tourism must seek opinions, compile, complete the file, and decide on the approval of the festival activity organization.

4. In cases where there is disagreement, a response letter with clear reasons must be issued. A festival can only be organized after receiving the approval document from the Ministry of Culture, Sports and Tourism.

5. In cases where the file does not meet the requirements stipulated in Article 10 of this Decree, the registration acceptance agency must issue a notification of the required supplementary contents. The festival organizing unit must supplement the file and re-register according to the procedures set forth in this Article.

Article 12. Procedure for accepting registration files for provincial-level festivals

1. The festival organizing unit shall submit the registration file to the Provincial People's Committee (directly, via postal service, or online) at least 30 days before the planned date of the festival.

2. Within 20 days from the date of receiving a valid registration file, the Provincial People's Committee shall be responsible for reviewing the following contents:

a) Completeness and legality of the file;

b) Plans to ensure public security, social safety, fire prevention, and environmental protection;

c) The authenticity of supporting documents or proof texts; the content of traditional ritual practices (for traditional festivals).

3. In cases where the festival activities involve central ministries or sectors or local agencies or units, the Provincial People's Committee must seek opinions, compile, complete the file, and decide on the approval of the festival activity organization.

4. In cases where there is disagreement, a response letter with clear reasons must be issued. A festival can only be organized after receiving the approval document from the Provincial People's Committee.

5. In cases where the file does not meet the requirements stipulated in Article 10 of this Decree, the registration acceptance agency must issue a notification of the required supplementary contents. The festival organizing unit must supplement the file and re-register according to the procedures set forth in this Article.

Article 13. Procedure for accepting registration files for district-level festivals

1. The festival organizing unit shall submit the registration file to the District People's Committee (directly, via postal service, or online) at least 30 days before the planned date of the festival.

2. Within 20 days from the date of receiving a valid registration file, the District People's Committee shall be responsible for reviewing the following contents:

a) Completeness and legality of the file;

b) Plans to ensure public security, social safety, fire prevention, and environmental protection;

c) The authenticity of supporting documents or proof texts; the content of traditional ritual practices (for traditional festivals).

3. In cases where the festival activities involve specialized agencies or local units, the District People's Committee must seek opinions, compile, complete the file, and decide on the approval of the festival activity organization.

4. In cases where there is disagreement, a response letter with clear reasons must be issued. A festival can only be organized after receiving the approval document from the District People's Committee.

5. In cases where the file does not meet the requirements stipulated in Article 10 of this Decree, the registration acceptance agency must issue a notification of the required supplementary contents. The festival organizing unit must supplement the file and re-register according to the procedures set forth in this Article.

Article 14. Notification of Festival Organization

1. Annual national-level or regional-level cultural festivals, industry festivals, or foreign-origin festivals must notify the Ministry of Culture, Sports and Tourism prior to organizing the festival.

2. Annual traditional festivals, cultural festivals, industry festivals at the provincial, district, or commune levels must notify the respective level People's Committee prior to organizing the festival.

Article 15. Content of the notification for organizing festivals

1. The name of the festival and the necessity of organizing the festival;

2. Time, location, scale, and activities of the festival;

3. Expected composition and number of guests;

4. Expected composition of the Festival Organizing Committee;

5. Plan to ensure security, social order, fire prevention, and environmental protection.

Article 16. Procedure for receiving notifications for organizing national-level, regional-level, and foreign-origin festivals; provincial-level festivals

1. The procedure for receiving notifications for national-level, regional-level, and foreign-origin festivals shall be carried out as follows:

a) The festival organizer sends the notification document to the Ministry of Culture, Sports and Tourism (directly, via postal service, or online submission) at least 20 days before the planned date of the festival;

b) Within 15 days from the date the Ministry of Culture, Sports and Tourism receives the notification document, if there is no response, the notifying entity may organize the festival according to the notified content. In case of disagreement with the content of the notification, the receiving agency must respond in writing and specify the reasons;

c) After receiving the non-agreement document from the Ministry of Culture, Sports and Tourism, the festival organizer must revise and supplement the content of the festival activities.

2. The procedure for receiving notifications for provincial-level festivals shall be carried out as follows:

a) The festival organizer sends the notification document to the Provincial People's Committee (directly, via postal service, or online submission) at least 20 days before the planned date of the festival;

b) Within 15 days from the date the Provincial People's Committee receives the notification document, if there is no response, the notifying entity may organize the festival according to the notified content. In case of disagreement with the content of the notification, the receiving agency must respond in writing and specify the reasons.

c) After receiving the non-agreement document from the Provincial People's Committee, the festival organizer must revise and supplement the content of the festival activities.

Article 17. Procedure for receiving notifications for organizing district-level and commune-level festivals

1. The procedure for receiving notifications for district-level festivals shall be carried out as follows:

a) The festival organizer sends the notification document to the District People's Committee at least 20 days before the planned date of the festival.

b) Within 15 days from the date the District People's Committee receives the notification document, if there is no response, the notifying entity may organize the festival according to the notified content. In case of disagreement with the content of the notification, the receiving agency must respond in writing and specify the reasons.

2. The procedure for receiving notifications for commune-level festivals shall be carried out as follows:

a) The festival organizer sends the notification document to the Commune People's Committee at least 20 days before the planned date of the festival.

b) Within 15 days from the date the Commune People's Committee receives the notification document, if there is no response, the notifying entity may organize the festival according to the notified content. In case of disagreement with the content of the notification, the receiving agency must respond in writing and specify the reasons.

Chapter III
STATE MANAGEMENT RESPONSIBILITIES FOR FESTIVALS

Article 18. State Management Responsibilities for Festivals of the Ministry of Culture, Sports and Tourism

The Ministry of Culture, Sports and Tourism shall be responsible before the Government for performing state management functions regarding festivals nationwide, with the following tasks and powers:

1. Building and submitting to competent authorities for issuance, or issuing within its authority, mechanisms, policies, and laws governing festival activities.

2. Guiding and urging the work of inventorying and establishing scientific files on cultural heritage festivals of localities.

3. Managing and directing research work on festivals; organizing and training in professional management and organization of festival activities.

4. Organizing the implementation of international exchanges and cooperation in festival activities.

5. Directing, inspecting the implementation of regulatory documents, strategies, plans, programs, and projects concerning the management and organization of festival activities.

6. Inspecting, checking, settling complaints and denunciations, and handling violations in festival activities.

7. Other tasks and powers as prescribed by law.

Article 19. State Management Responsibilities for Festivals of Relevant Ministries and Agencies

1. The Ministry of Information and Communications shall have the responsibility:

a) Coordinating with the Ministry of Culture, Sports and Tourism to direct and guide news agencies and grassroots information systems in publicizing festival activities;

b) Providing guidance on public opinion in preserving and promoting the values of festival heritage.

2. The Ministry of Foreign Affairs shall have the responsibility to manage foreign diplomatic agencies in Vietnam, coordinating with the Ministry of Culture, Sports and Tourism in managing the content of foreign festival activities in Vietnam.

3. The Ministry of Health shall have the responsibility to direct and guide food safety assurance work; health assurance work during festival activities.

4. The Ministry of Public Security shall have the responsibility to direct and guide measures to ensure safety, security, and social order for festival activities.

5. The Ministry of Industry and Trade shall have the responsibility to direct enhanced inspection, control, and prevention of the sale and trade of fake, substandard goods, and goods of unknown origin during festival activities.

6. The Ministry of Finance shall provide guidance on financial management, revenue and expenditure for festival organization work, and donations and sponsorships for relics and festival activities.

7. Ministries, agencies at the ministerial level, and government agencies shall have the responsibility to coordinate with the Ministry of Culture, Sports and Tourism to perform state management over festivals within their respective tasks and powers.

Article 20. State Management Responsibilities for Festivals of People's Committees at All Levels

1. Provincial People's Committees shall have the responsibility for state management over festival activities within their jurisdiction, with the following tasks:

a) Directing the implementation of inventorying, categorizing festivals, establishing scientific files on cultural heritage festivals; building research projects aimed at preserving and promoting the cultural value of festivals;

b) Ensuring that festival activities are conducted solemnly and according to traditional rituals; eliminating or replacing customs that are no longer suitable with the trend of integration and development;

c) Directing departments and sectors in localities in managing and organizing festivals; ensuring social order and civilized behavior during festivals;

d) Organizing and guiding the implementation of legal regulations on festival activities at the local level;

đ) Inspecting, checking, settling complaints and denunciations, and handling violations in festival activities within their authority;

e) Reporting periodically on the management and organization of festivals within their jurisdiction to the Ministry of Culture, Sports and Tourism before December 31 each year and reporting promptly as required by competent state management agencies;

g) Other tasks and powers as prescribed by law.

2. District and Commune People's Committees shall perform state management functions over festivals within their jurisdictions; receiving registration contents or notifications of organizing district or commune-level festivals; inventorying, categorizing festivals, and implementing legal regulations on festival activities at the local level.

Article 21. Handling violations in festival activities

1. Organizations that commit acts in violation of the provisions of this Decree and other relevant laws shall be subject to administrative penalties depending on the nature and severity of the violation; if damage is caused, compensation must be provided in accordance with the law.

2. Individuals who commit acts in violation of the provisions of this Decree and other relevant laws shall be subject to disciplinary action, administrative penalties, or criminal liability pursuit depending on the nature and severity of the violation; if damage is caused, compensation must be provided in accordance with the law.

Chapter IV
IMPLEMENTING PROVISIONS

Article 22. Effectiveness

1. This Decree takes effect from October 15, 2018.

2. The provisions regarding festival organization in Section 3, Chapter 2 of the Code of Conduct for Civilized Practices in Weddings, Funerals, and Festivals issued together with Decision No. 308/2005/QĐ-TTg dated November 25, 2005 of the Prime Minister; and Chapter V of the Code of Conduct for Cultural Activities and Public Cultural Service Business Operations issued together with Decree No. 103/2009/NĐ-CP dated November 6, 2009 of the Government shall cease to be effective from the date this Decree takes effect.

Article 23. Transitional Provisions

1. For festivals that have been granted permission by competent authorities before the effective date of this Decree, there is no need to re-register through the registration process.

2. For festivals that do not require prior permission before the effective date of this Decree, they must comply with the notification procedures as stipulated in this Decree.

Article 24. Responsibility for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under the central government, and related organizations and individuals are responsible for implementing this Decree./.