Decree No. 113/2013/NĐ-CP on Fine Arts Activities

 DECREE

ON THE ACTIVITIES OF FINE ARTS

On the basis of Law on Government Organization dated December 25, 2001;

On the basis of The Construction Law dated November 26, 2003;

On the basis of The Bidding Law dated November 29, 2005;

On the basis of The Law Amending and Supplementing Certain Provisions of Laws Related to Investment and Basic Construction dated June 29, 2009;

On the basis of The Law on Enactment of Legal Normative Documents dated June 3, 2008;

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

The Government issues this Decree on fine arts activities,

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates fine arts activities, including: Fine arts creation contests and exhibitions; displaying, buying and selling, reproducing, auctioning, appraising fine arts works; monuments, grand paintings; sculpture creation camps.

Article 2. Applicability

This Decree applies to Vietnamese organizations and individuals, foreign organizations and individuals participating in fine arts activities in Vietnam as specified in Article 1 of this Decree.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Fine arts work is a work expressed through lines, colors, shapes, composition, including:

a) Painting: Lacquer painting, oil painting, silk painting, pastel, watercolor, paper mulberry and other materials;

b) Graphics: Wood engraving, metal engraving, rubber engraving, plaster engraving, monotype printing, lithography, screen printing, propaganda posters, graphic design and other materials;

c) Sculpture: Statues, monuments, bas-reliefs, pedestals, symbolic forms;

d) Installation art and other contemporary art forms.

2. Fine arts exhibition is the display, publication, introduction of fine arts works to the public, including national, regional, provincial, centrally-run city scale exhibitions; exhibitions organized by organizations, agencies, groups, individuals; Vietnamese exhibitions abroad and foreign exhibitions in Vietnam.

3. Monuments, grand paintings are fine arts works made of durable materials, large in size, with high symbolic value, permanently placed in public spaces.

4. Monument and grand painting sketches are original drafts for the expression and completion of the works.

5. Installation art is an art form arranging objects, shapes, static or dynamic images with content and aesthetic value.

6. Appraisal of fine arts works is the determination of artistic value, origin, author, and owner of the works.

7. Reproduction of fine arts works is the production of one or more copies of the works in any form.

Article 4. State policy on the development of fine arts

1. Promote advanced Vietnamese fine arts with strong national characteristics, meeting the increasingly high spiritual life needs of the people, contributing to economic and social development, and expanding cultural exchanges with other countries.

2. Preserve and promote the values of traditional fine arts.

3. Encourage organizations and individuals to participate in fine arts activities in accordance with the law.

4. Support, commission, and create fine arts works of high artistic value that positively impact social life.

5. Award prizes, disseminate, introduce, and promote fine arts works of high artistic value.

6. Train fine arts talents, improve the quality of aesthetic and fine arts education in the national education system.

7. Sponsor the activities of organizations and individuals in the field of fine arts according to the State's orientation.

8. Invest, upgrade, and construct new fine arts museums and exhibition houses at the central level and in provinces and centrally-run cities.

Article 5. Contents of State Management on Fine Arts

1. Building, submitting to competent authorities for issuance or issuing within their authority and organizing the implementation of policies and laws on fine arts activities; disseminating and educating laws on fine arts.

2. Conducting scientific research, training, and enhancing the professional staff and management personnel in fine arts.

3. Issuing and revoking permits in fine arts activities.

4. Organizing the implementation of commendation and reward work in fine arts activities; selecting and awarding prizes to individuals and fine art works.

5. Organizing the implementation of international cooperation in fine arts activities.

6. Inspecting, supervising, handling complaints and denunciations, and dealing with violations of laws in fine arts activities.

Article 6. State Management Agencies on Fine Arts

1. The Government uniformly manages state affairs on fine arts throughout the country.

2. The Ministry of Culture, Sports and Tourism is responsible for assisting the Government in uniformly managing state affairs on fine arts.

3. Ministries, ministerial-level agencies, and government agencies manage state affairs on fine arts within their authority.

4. Provincial People's Committees (hereinafter referred to as provincial-level People's Committees) implement state management on fine arts within their tasks and powers at the local level.

Article 7. Fine Arts Budget in Cultural, Sports, and Tourism Projects

1. The budget allocated for fine arts in cultural, sports, and tourism projects is included in the total project budget estimate.

2. Construction costs allocated for fine arts in projects shall be implemented according to the industry standards for fine arts issued by the Ministry of Culture, Sports and Tourism.

Article 8. Prohibited Acts

The following acts are strictly prohibited in fine arts activities:

1. Propaganda against the Socialist Republic of Vietnam; undermining the unity of the entire people.

2. Propaganda and incitement of aggressive war, causing hatred among ethnic groups and peoples of different countries, inciting violence; spreading reactionary thoughts, decadent lifestyles, criminal behaviors, social evils, corrupting traditional customs and morals, and destroying the environment.

3. Distorting historical facts; denying revolutionary achievements; insulting national heroes, cultural celebrities; defaming the reputation of organizations, the honor and dignity of individuals.

4. Copying, exhibiting, buying, selling, transferring fine art works that violate intellectual property laws.

Chapter II
CREATION OF FINE ART WORKS AND FINE ART EXHIBITIONS

PART 1

 CREATION OF FINE ART WORKS

Article 9. Subjects Organizing Fine Art Work Creation Competitions

1. Organizations and individuals in Vietnam having functions in the field of fine arts and cultural arts as prescribed by law.

2. Foreign organizations and individuals, and international organizations organizing fine art work creation competitions in Vietnam must cooperate with Vietnamese agencies and organizations having the functions stipulated in Clause 1 of this Article.

Article 10. Management of Fine Art Work Creation Competitions

1. The Ministry of Culture, Sports and Tourism manages nationwide or regional fine art work creation competitions.

2. Departments of Culture, Sports and Tourism manage provincial-level fine art work creation competitions.

Article 11. Procedure for Notifying the Organization of Artwork Creation Competitions

1. Organizations and individuals wishing to organize artwork creation competitions must notify in writing the competent state agency as prescribed in Article 10 of this Decree.

2. The notification dossier for organizing artwork creation competitions shall be sent directly or through postal service one copy to the competent state agency as prescribed in Article 10 of this Decree. The dossier includes:

a) Project on organization and competition rules;

b) In cases where cooperation with foreign organizations or individuals and international organizations is involved, a written agreement between the parties must be attached.

3. Organizations and individuals organizing artwork creation competitions must submit the dossier to the competent state agency at least thirty days before the date of the competition.

Within seven working days from the date of receipt of a complete and valid dossier, the competent state agency shall examine and reply in writing; in case of disagreement, the reasons must be clearly stated.

Article 12. Responsibilities of Organizations and Individuals Organizing Artwork Creation Competitions

1. Implement the project on organization accurately.

2. Within thirty days from the end date of the competition, they must submit a report on the results of the competition to the competent state agency.

3. In cases where exhibitions or displays of competition entries are organized, regulations on exhibitions as stipulated in Section 2 Chapter II of this Decree must be implemented.

4. Sketches of statues and large paintings of projects for statues and large paintings constructed within the protected area of national monuments and special national monuments; projects for statues and large paintings constructed in provincial administrative centers must be organized as competitions and carried out according to the laws on investment construction.

Section 2

ART EXHIBITIONS

Article 13. Venue for Exhibitions

The venue for exhibitions must have an area and equipment commensurate with the scale of the exhibition; ensuring conditions for social order, public civility, environmental hygiene, and fire prevention.

Article 14. Authority to Issue Exhibition Permits

1. The Ministry of Culture, Sports and Tourism issues permits for:

a) National or regional art exhibitions organized by central agencies;

b) Vietnamese art exhibitions organized by international organizations or foreign organizations;

c) Foreign art exhibitions in Vietnam organized by Vietnamese organizations or foreign organizations in Vietnam;

d) Exporting Vietnamese artworks for exhibition abroad under the name of the representative of the Vietnamese State.

2. Provincial People's Committees issue permits for:

a) Local art exhibitions organized by local agencies, organizations, individuals, or groups of Vietnamese or foreign individuals;

b) Exporting Vietnamese artworks for exhibition abroad without representing the Vietnamese State.

3. The competent state agency issuing exhibition permits as prescribed in Clauses 1 and 2 of this Article is responsible for the content of the exhibition and supervising the exhibition.

Article 15. Dossier and Procedures for Issuing Exhibition Permits

1. Organizations and individuals requesting exhibition permits shall send directly or through postal service one copy of the dossier to the competent state agency as prescribed in Article 14 of this Decree.

2. Documents include:

a) Application form for permit issuance (Form No. 1);

b) List of authors, works, materials, dimensions of works, year of creation;

c) One color photograph measuring 10x15 cm for each work. For installation art exhibitions, there must be frontal, right-side, and left-side photographs of the work, accompanied by a written description of the work's concept and content. If the work contains foreign text, a Vietnamese translation must be provided. Organizations and individuals are responsible for the content of the translation;

d) For outdoor exhibitions organized in Vietnam, a commitment letter from the exhibition venue owner ensuring conditions for social order, public civility, hygiene, environment, and fire prevention must be included;

đ) For cases of exporting artworks for exhibition abroad, in addition to the application form for permit issuance (Form No. 2) and the dossier specified in Points b and c of this Clause, a letter of invitation or written agreement from the foreign partner and a Vietnamese translation (certified by the competent authority) must be attached.

3. Within seven working days from the date of receipt of a complete and valid dossier, the competent state agency as prescribed in Article 14 of this Decree shall examine and issue the permit; if the permit is not issued, a written response must be given, stating the reasons.

4. After obtaining the art exhibition permit (Form No. 3), if there are changes in content, time, location, or display design, the organization or individual organizing the exhibition must reapply for the permit.

5. The permit issued for art exhibitions to be displayed abroad (Form No. 4) serves as the basis for customs procedures.

Chapter III
DISPLAYING, BUYING AND SELLING, COPYING, AUCTIONING, AND APPRAISING ARTWORKSINSPECTION OF WORKS OF FINE ART

Article 16. Displaying and Trading Artworks

1. Organizations and individuals displaying, trading, or reproducing artworks must register their activities in accordance with the laws on business registration and the provisions of this Decree.

2. The Department of Culture, Sports and Tourism shall be responsible for inspecting the implementation of activities related to displaying, trading, and reproducing artworks as stipulated in Clause 1 of this Article.

Article 17. Reproducing Artworks

1. Reproducing artworks shall be carried out in accordance with the laws on intellectual property.

2. In addition to the provisions set forth in Clause 1 of this Article, reproducing artworks about cultural celebrities, national heroes, and leaders shall also comply with the following regulations:

a) For reproducing artworks about cultural celebrities, national heroes, and leaders for commercial purposes or public display, permission from the Department of Culture, Sports and Tourism must be obtained, except for cases involving the construction of monuments or grand paintings as specified in Chapter IV of this Decree;

b) Organizations and individuals engaged in the reproduction and display of artworks about cultural celebrities, national heroes, and leaders must ensure respect.

3. Documents and Procedures for Obtaining Permission to Reproduce Artworks About Cultural Celebrities, National Heroes, and Leaders:

Organizations and individuals applying for permission must submit one set of documents directly or through postal service to the local Department of Culture, Sports and Tourism. The documents include:

a) Application form for permission (Form No. 5);

b) Color photographs measuring 18x24 cm of the original model and the reproduction;

c) Certified copy of the contract for using the artwork or a written agreement from the owner of the original artwork.

4. Within seven working days from the date of receiving complete and valid documents, the Department of Culture, Sports and Tourism will consider issuing the permission (Form No. 6); if permission is not granted, a written response with the reasons must be provided.

Article 18. Auctioning Artworks

1. Auctioning artworks shall be conducted in accordance with the laws on asset auctions, except for artworks that are not permitted to be traded.

2. Artworks must be appraised before being auctioned domestically or abroad.

Article 19. Appraising Artworks

1. The appraisal of artworks as stipulated in Clause 2 of Article 18 of this Decree shall be carried out in accordance with the laws on intellectual property.

2. Organizations and individuals requesting an appraisal must pay the appraisal fee according to the contract.

Chapter IV
MONUMENTS AND GRAND PAINTINGS

Article 20. Planning for Monuments and Grand Paintings

1. Planning for monuments and grand paintings serves as the basis for developing plans and establishing investment projects for constructing monuments and grand paintings.

2. Authority to Approve Plans:

a) National-level planning for monuments and grand paintings is developed by the Ministry of Culture, Sports and Tourism and submitted to the Prime Minister for approval, after obtaining written opinions from relevant ministries and sectors;

b) Provincial-level planning for monuments and grand paintings is developed by the Department of Culture, Sports and Tourism and submitted to the People's Committee Chairman of the province for approval, after obtaining written opinions from the Ministry of Culture, Sports and Tourism.

3. Basic Content of Planning for Monuments and Grand Paintings:

a) The necessity of planning;

b) Basis for planning;

c) Views and principles;

d) Planning objectives;

đ) Criteria for content, artistry, technology, architecture, and scale of planning;

e) Implementation solutions for planning;

g) Organization of planning implementation.

4. Documents for Submitting to the Competent State Agency for Approval as Specified in Clause 2 of this Article Include:

a) Memorandum;

b) Detailed explanation of the planning content and draft Decision approving the plan;

c) Copies of written agreements from relevant ministries and sectors (for national-level planning), and written agreements from the Ministry of Culture, Sports and Tourism (for provincial-level planning).

5. Time Limit for Approving Plans:

Within thirty days for national-level planning and fifteen days for provincial-level planning, starting from the date of receiving complete and valid documents, the competent state agency as specified in Clause 2 of this Article shall approve the plan.

In special cases requiring an extension of the approval time, the maximum period is sixty days for national-level planning and thirty days for provincial-level planning.

6. Adjusting Planning for Monuments and Grand Paintings:

a) Adjusting planning for monuments and grand paintings shall be carried out in accordance with Clauses 2, 3, and 5 of this Article.

b) Documents for Requesting Plan Adjustment Include:

- Cover letter;

- Outline of the project proposal including: the necessity of adjusting the plan, content of the monument or grand painting, construction location, anticipated scale, materials, investment form, estimated total investment cost, funding sources, and implementation timeline.

7. Constructing Monuments and Grand Paintings Without a Plan:

a) If it is necessary to construct a national or provincial-level monument or grand painting without a previously approved plan, then the plan adjustment procedure as specified in Clause 6 of this Article must be completed before preparing the investment project;

b) If it is necessary to construct a national or provincial-level monument or grand painting without a plan, the investor must prepare documents to request the Ministry of Culture, Sports and Tourism or the provincial People's Committee to consider and approve as the basis for implementing the construction investment.

Article 21. Investor of Monument and Grand Painting Projects

In addition to performing rights and responsibilities as stipulated by laws on investment and construction, the investor of monument and grand painting projects shall also have the following rights and responsibilities:

1. Organize investment implementation according to Articles 25 and 26 of this Decree;

2. Organize the creation of draft sketches;

3. Review economic-technical reports and project estimates;

4. Complete construction files and request permission for artistic construction works;

5. Select contractors and sign contracts with individuals or units undertaking construction;

6. Select supervisors for artistic construction work and artistic direction.

Article 22. Author of Monument and Grand Painting Works

1. The author of monument and grand painting works is the person directly creating the approved draft sketch through competition or designation.

2. An author designated to create the draft sketch must meet the following conditions: hold a bachelor's degree in fine arts or higher; have at least two monument or grand painting works of quality type A confirmed by the Ministry of Culture, Sports and Tourism.

3. An author whose draft sketch is selected through competition does not need to meet the conditions specified in Clause 2 of this Article.

4. Duties and powers of the author:

a) Be responsible for the artistic quality of the work from the stage of creating the draft sketch to the stages of realization and completion;

b) Supervise or introduce someone with sufficient capacity to supervise the construction process of the artistic part of the work;

c) Participate in introducing contractors to the investor for selection to realize the artistic part of the work;

d) Direct the art of the work;

e) Be listed in the work and other material and spiritual benefits according to intellectual property laws.

Article 23. Art Council for Monuments and Grand Paintings

1. Establishment of the Art Council:

a) The competent authority deciding on the investment project must establish the Art Council immediately upon implementing the project to provide artistic advice;

b) The number of Art Council members is an odd number between seven and thirteen, including a chairman and vice-chairman;

c) The Art Council must have more than two-thirds of its members being sculptors and painters with a bachelor's degree or higher, reputable, experienced in building monuments and grand paintings, including one architect; the remaining members are representatives of the investor, cultural, sports, and tourism sectors, and related agencies;

d) Authors and construction contractors cannot participate in the Art Council;

e) Before deciding to establish the Art Council, the competent authority deciding on the investment must submit a document seeking the opinion of the Ministry of Culture, Sports and Tourism on the list of Art Council members.

Within seven working days from the date of receipt of the document, the Ministry of Culture, Sports and Tourism must issue a response.

2. Functions and duties of the Art Council:

a) Advise the investor:

- Selecting first and second stage draft sketches;

- Providing opinions on planning and design documents for the overall layout and space of the work;

- Inspecting the construction steps of the artistic part and inspecting the entire artistic part of the work.

b) Advise contractors during the construction process of the artistic part of the work.

3. Working methods of the Art Council:

a) The Art Council operates based on the principles of transparency, democracy, equality, majority decision-making by secret ballot; implement regulations, criteria issued by the investor and other relevant laws;

b) An Art Council meeting is valid if more than two-thirds of the council members attend; a decision of the council is valid when more than half of the total number of council members agree;

c) Art Council members have the right to reserve their opinions but must comply with the council's decisions.

4. Operating costs of the Art Council are allocated by the investor within the total project estimate as prescribed.

Article 24. Preparation for investment projects to construct statues and grand paintings

1. Drafting the project outline for investment in constructing statues and grand paintings:

a) Investment projects for constructing statues and grand paintings must prepare a project outline for investment construction to submit to the competent authority.

b) The project outline for investment in constructing statues and grand paintings shall include: main theme content, artistic form, scale, volume of each component, materials, and construction location; investment form, estimated investment level, funding sources, and implementation time.

2. Creating and selecting draft sketches:

a) Based on the project outline stipulated in Clause 1 of this Article, the investor shall establish regulations and rules for creating draft sketches. The creation of draft sketches shall be carried out in two steps:

- Step one: Draft sketches of statues with a height of 70 cm or more; draft sketches of bas-reliefs and grand paintings with dimensions and proportions corresponding to the statue part; for grand paintings or bas-reliefs not attached to statues (independent), the sketches have an area of 80 cm² which can be implemented using the expected construction material; accompanied by an artistic concept explanation and a basic planning design for the overall layout.

- Step two: The draft sketch of the statue is elevated from the selected sketch in step one, with a size of 130 cm or more; draft sketches of bas-reliefs and grand paintings with dimensions and proportions corresponding to the statue part; for grand paintings or bas-reliefs not attached to statues (independent), the sketches have an area of 120 cm²; accompanied by an artistic concept explanation and a basic planning design for the overall layout;

b) The first-step and second-step draft sketches must be reviewed and selected by the Art Council.

c) The investor submits to the competent authority for investment approval the second-step draft sketch chosen by the Art Council, serving as the basis for project development, budget estimate, and construction design.

d) The application dossier for approving the second-step draft sketch (two sets) includes:

- Cover letter;

- Four-dimensional photographs of the selected second-step draft sketch, size 18x24 cm;

- Minutes of the Art Council's working session.

e) The competent authority for investment approval shall decide on the draft sketch within fifteen days from the date of receiving a complete and valid dossier.

Article 25. Investment Projects for Constructing Statues and Grand Paintings

1. Investment projects for constructing statues and grand paintings must have a basic design and explanation according to the contents prescribed in Point b Clause 1 of Article 24 of this Decree.

2. The basic design dossier for the project includes:

a) A general plan design of the ground layout, space, and construction components that correspond to the total investment amount and feasibility.

b) A design of the statue and grand painting, and photographs of the approved second-step draft sketch, ensuring sufficient conditions to determine volume, weight, dimensions, and surface area for budget estimation and subsequent steps.

c) The basic design explanation for constructing statues and grand paintings shall be carried out in accordance with laws on investment and construction.

3. The authority to decide on investment for projects to construct statues and grand paintings shall be carried out in accordance with laws on investment and construction.

4. Pre-investment preparation costs and sketch creation costs shall be included in the total investment cost of the project.

Article 26. Preparation of Budget for Monument and Grand Painting Projects

1. Basis for preparing the budget: In accordance with the requirements of the tasks to implement the volume, quality, materials, and layout of the second-stage sketch approved; technological process, construction solutions, unit prices, industry standards for fine arts and related state policies. For non-artistic items such as excavation, backfilling, foundation work, columns, the construction norms shall be applied as prescribed by laws on construction. Items related to fine arts shall apply the industry standards for fine arts.

2. The budget content shall reflect all costs for creation and construction of the artistic part including material costs, equipment costs, labor costs, remuneration fees, transportation and installation costs, taxes, contingency fees, and other costs as prescribed.

3. The budget must clearly show the scale, dimensions, area, quantity, weight, and materials of each artistic item; the summary table shall be included at the beginning of the document and confirmed by the project sponsor.

4. The bid price proposed by the contractor serves as the basis for signing the contract and finalizing the settlement of the project.

5. The total budget for monument and grand painting projects includes the budget for the artistic part and the budget for other construction investment parts. Approval of the total budget shall be carried out in accordance with the laws on construction investment.

6. Adjustments to the budget for the artistic part shall not change the approved project and shall not exceed the total investment capital and can only be made in the following cases:

a) Unavoidable damage to the project;

b) Changes in material prices and wages;

c) Changes in the composition and materials of the artwork due to the requirements of the Art Council approved by the project sponsor.

7. Advance payments, settlements, and final settlements of investment capital shall be implemented in accordance with the laws on construction investment.

8. The review of the budget for monuments and grand paintings shall be carried out in accordance with the laws on construction investment.

Article 27. Issuance of Construction Permits for Monuments and Grand Paintings

1. The People's Committee of the province shall issue construction permits for monuments and grand paintings.

2. The People's Committee of the province must seek written opinions from the Ministry of Culture, Sports and Tourism before issuing permits for the following monument and grand painting projects:

a) National-level monument and grand painting projects;

b) Monument and grand painting projects about President Ho Chi Minh;

c) Monument and grand painting projects built within historical cultural relic sites and scenic spots ranked by the State.

3. Application documents (two sets) shall be submitted directly or via postal service to the People's Committee of the province. The documents include:

a) Application form for permit issuance (Form No. 7);

b) Decision on selection of the second-stage sketch model by the competent authority deciding on investment, accompanied by photos and sketches of four sides at 18x24 cm size with annotations;

c) Other application documents as prescribed by laws on construction investment.

4. Time limit for issuing permits:

a) The time limit for issuing the permit (Form No. 8) shall not exceed seven working days from the date of receipt of complete and valid documents;

b) For monument and grand painting projects specified in Clause 2 of this Article, the time limit for issuing the permit shall not exceed twenty days from the date of receipt of complete and valid documents.

5. Seeking written opinions from the Ministry of Culture, Sports and Tourism as stipulated in Clause 2 of this Article shall be carried out as follows:

a) The People's Committee of the province shall submit two sets of documents directly or via postal service to the Ministry of Culture, Sports and Tourism. The documents include:

- Request letter;

- Summary of the Project Proposal.

b) Within twenty days from the date of receipt of complete and valid documents, the Ministry of Culture, Sports and Tourism shall provide a written response.

Article 28. Designation of Construction Contracts for Statues and Grand Paintings

1. The designation of construction contracts for statues and grand paintings shall be carried out in accordance with the provisions of the Law on Bidding.

2. Contractors designated to construct statues and grand paintings must meet the following conditions:

a) Having sculptors and painters with sufficient capacity, including at least one person who has led the construction of two or more provincial-level or higher statue and grand painting projects;

b) Meeting the conditions regarding material and physical facilities for construction;

c) Possessing financial capability;

d) Receiving written agreement from the author.

3. For small-scale statue and grand painting projects with a value equivalent to 30% of Group C as stipulated by the Law on Investment and Construction, the author may directly undertake the project provided that they meet the conditions specified in Points b and c of Clause 2 of this Article.

4. Units designated to construct statues and grand paintings must enter into a contract with the investor. The contents of the contract, rights and obligations of the unit designated to undertake the artistic portion shall be implemented in accordance with the Law on Investment and Construction.

Article 29. Supervision and Artistic Direction of Statues and Grand Paintings

1. Construction supervision:

a) Artistic construction supervision shall be conducted directly by the author or through hiring another sculptor with a university degree in fine arts or higher and experience in constructing statues and grand paintings;

b) Material supervision shall be carried out by individuals with a university degree or higher in the relevant field or artisans with the necessary qualifications and capabilities;

c) Construction supervision shall be performed by organizations or individuals meeting the requirements set forth in the Law on Investment and Construction.

2. Contents of supervision:

Monitoring and inspecting the quality, quantity, and progress of the artistic portion of the project.

3. Artistic direction:

a) During the construction of statues and grand paintings, there must be an artistic director overseeing the artistic construction phase;

b) Standards and responsibilities of the artistic director:

- Must be the author, sculptor, or painter with a university degree or higher in their specialty and experience in constructing two or more statue and grand painting projects;

- Checking, guiding, and providing feedback on artistic procedures, methods, and solutions to ensure that each step accurately reflects the approved sketch and any improvements suggested by the Art Council.

Article 30. Construction and Acceptance, Handover of Statues and Grand Paintings

1. The construction of statues and grand paintings shall be carried out in the following basic steps: Displaying a 1:1 scale model; making molds and creating models; material construction; assembly and installation.

2. The competent authority deciding on investment or the investor shall be responsible for accepting the project. The investor shall be responsible for handing over the project after acceptance.

Article 31. Warranty, Preservation, and Management of Statue and Grand Painting Projects

1. Warranty shall be carried out according to the following provisions:

a) Contractors undertaking the construction and equipment supply shall be responsible for warranty in accordance with the Law on Investment and Construction;

b) Contractors undertaking the artistic construction shall be responsible for warranty of the artistic portion, including: Repairing, replacing, correcting, and adjusting technical and artistic defects during the warranty period. Warranty construction must have the consultation of the Art Council as stipulated in Article 23 of this Decree.

2. Organizations or entities owning or entrusted with managing statue and grand painting projects shall be responsible for regular preservation and maintenance.

3. Organizations or entities owning or entrusted with managing statue and grand painting projects shall be responsible for managing, utilizing, and maximizing the effectiveness of statue and grand painting projects and statue spaces.

Article 32. Removal, Relocation, and Material Change of Statues and Large Paintings

1. The removal, relocation, and material change of statues and large paintings must be carried out according to an investment project approved by the competent authority and must have a permit as prescribed in Article 27 of this Decree.

2. Types of works that must be removed:

a) Works that are not in line with the planning for the construction of statues and large paintings, urban development planning, and rural development planning;

b) Statues and large paintings that no longer meet the requirements regarding content, artistic form, and building materials.

3. Requirements for relocation and material change:

a) When relocating to a new location or changing the material, the work must not alter the content of the artwork, ensuring its artistic and technical quality;

b) There must be an art advisory from the Art Council as prescribed in Article 23 of this Decree;

c) In cases where the relocation or material change involves modifications to the composition of the artwork, the consent of the author or their lawful representative must be obtained.

Chapter V
SCULPTURE CAMP

Article 33. Conditions for Organizing a Sculpture Camp

Vietnamese agencies and organizations that are granted permission to organize a sculpture camp must satisfy the following conditions:

1. They must have cultural and artistic functions;

2. They must have a project plan approved by the competent authority;

3. They must have rules for organizing the sculpture camp.

Article 34. Project Plan for Organizing a Sculpture Camp

1. The content of the project includes:

- Name of the project, organizing unit;

- Purpose and significance of the project;

- Time and location of the camp;

- Location with a layout design for displaying works;

- Budget for organization;

- Scale of the camp: number of authors, works;

- Materials, construction solutions, workforce for implementing works;

- Management mechanism, protection, preservation, repair, and exploitation and utilization plans for works;

- Responsibilities and benefits of the authors.

2. The dossier of the project includes:

a) Memorandum;

b) Draft project and rules for organizing the sculpture camp.

3. Procedures and sequence for approving the sculpture camp project shall be implemented in accordance with the laws on investment and construction.

Article 35. Rules for Organizing a Sculpture Camp

The rules for organizing a sculpture camp, issued by the investor, include the following main contents:

1. Organizing unit;

2. Purpose and significance;

3. Form of organizing the sculpture camp, location, scale, number of participants, content, materials, sketch size, works; implementation plan, time schedule;

4. Art Council;

5. Author criteria and methods for selecting and organizing sketch drafts;

6. Rights and responsibilities of the authors;

7. Copyrights of the authors for works created at the camp.

Article 36. Issuance of Permission to Organize a Sculpture Camp

1. Authority to issue permission:

a) The Ministry of Culture, Sports and Tourism issues permission for organizing a sculpture camp involving foreign organizations and individuals;

b) Provincial People's Committees issue permission for organizing a sculpture camp without the participation of foreign organizations and individuals.

2. Application dossier for permission must be submitted directly or through postal service to the competent state agency as stipulated in Clause 1 of this Article. The dossier includes:

a) Application for permission (Form No. 9);

b) Approved project plan;

c) Rules.

3. Time limit for issuing permission:

a) Within seven working days from the date of receiving a complete and valid application dossier, the competent state agency as stipulated in Clause 1 of this Article is responsible for examining and issuing the permission. If permission is not granted, it must provide a written response stating the reasons;

b) The permission (Form No. 10) is valid for twelve months from the date of issuance; if the camp is not organized within this period, the investor must reapply for permission to organize the camp;

c) After obtaining permission, any changes to the content of the permission require a new application process for permission.

4. Within fifteen days from the date of acceptance of the camp works, the investor is responsible for reporting the results of the project implementation to the issuing authority.

Article 37. Art Council for the Sculpture Creation Camp

1. Establishment of the Art Council:

a) The competent authority deciding on investment must establish the Art Council;

b) Prior to deciding to establish the Art Council, the competent authority deciding on investment must seek the opinion of the Ministry of Culture, Sports and Tourism regarding the list of Art Council members.

Within seven working days from the date of receipt of the document, the Ministry of Culture, Sports and Tourism must issue a response.

c) The number of Art Council members shall be an odd number from five to nine members, including a chairman and a vice-chairman;

d) The Art Council:

The Art Council must have more than two-thirds of its members being sculptors, painters with university-level qualifications or higher, having reputation, among which there is one member being an architect; the remaining members are representatives of the investor, representatives of the cultural, sports and tourism sector, and other relevant agencies.

2. The Art Council provides consultancy to the investor in reviewing draft sketches, the process of execution, design for displaying works, acceptance of works, and awarding prizes.

3. The Art Council operates based on principles of transparency, democracy, equality; decisions are made by majority vote through secret ballot. The conclusion of the Art Council must be agreed upon by more than half of the total number of members.

Article 38. Camp Member of the Sculpture Creation Camp

1. A camp member of the sculpture creation camp is a Vietnamese or foreigner whose draft sketch has been selected by the Council.

2. Camp members are responsible for implementing the regulations of the sculpture creation camp's organizing rules.

Article 39. Acceptance and Preservation of Works

1. The investor bases on the advisory opinions of the Art Council to proceed with the acceptance of works.

2. Organizations and individuals using the works are responsible for preserving and maintaining the works regularly.

Chapter VI
IMPLEMENTING PROVISIONS

Article 40. Effective Date

1. This Decree takes effect from December 1, 2013.

2. This Decree abolishes the following documents:

a) Chapter IV of Decree No. 103/2009/NĐ-CP dated November 6, 2009 of the Government on the Regulations on Cultural Activities and Public Cultural Service Business Operations;

b) Management Regulation on Monument Construction and Grand Painting issued together with Decision No. 05/2000/QĐ-BVHTT dated March 29, 2000 of the Minister of Culture and Information;

c) Operation Regulation on Fine Arts Exhibitions and Galleries issued together with Decision No. 10/2000/QĐ-BVHTT dated May 15, 2000 of the Minister of Culture and Information;

d) Sculpture Creation Camp Operation Regulation issued together with Decision No. 90/2008/QĐ-BVHTTDL dated December 30, 2008 of the Minister of Culture, Sports and Tourism;

đ) Points 1, 3 and 4 of Section III of Article 1, Points 1, 3 and 4 of Section III of Article 2 of Circular No. 07/2011/TT-BVHTTDL dated June 7, 2011 of the Ministry of Culture, Sports and Tourism amending, supplementing, replacing or abolishing related provisions concerning administrative procedures under the management of the Ministry of Culture, Sports and Tourism.

Article 41. Responsibility for Guidance and Implementation

1. The Ministry of Culture, Sports and Tourism is responsible for guiding the implementation of Articles 4, 9, 11, 12, 26, 29, 30 and 31 of this Decree.

2. Ministers, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairmen of Provincial People's Committees directly under the Central Government, and organizations and individuals concerned are responsible for implementing this Decree.

 

ANNEX

DIRECTORY OF SAMPLES FOR FINE ART ACTIVITIES
(Annexed to Decree No. 113/2013/NĐ-CP dated October 2, 2013 of the Government)

1. Sample No. 1: Application for Exhibition Permit in Vietnam.

2. Sample No. 2: Application for Export Permit for Exhibition from Vietnam to Foreign Countries.

3. Sample No. 3: Exhibition Permit in Vietnam.

4. Sample No. 4: Export Permit for Exhibition from Vietnam to Foreign Countries.

5. Sample No. 5: Application for Reproduction Permit for Portraits of Cultural Figures, National Heroes, and Leaders.

6. Sample No. 6: Reproduction Permit for Portraits of Cultural Figures, National Heroes, and Leaders.

7. Sample No. 7: Application for Monument and Grand Painting Construction Permit.

8. Sample No. 8: Monument and Grand Painting Construction Permit.

9. Sample No. 9: Application for Sculpture Creation Camp Organization Permit.

10. Sample No. 10: Sculpture Creation Camp Organization Permit.

 

Model No. 1

 APPLICATION FOR FILM FESTIVAL ORGANIZATION PERMIT
APPLICATION FOR FINE ART EXHIBITION IN VIETNAM

To whom it may concern,

Name of individual or organization applying: …

……………………………………………………………………………………………..

Address: …

Telephone: … Fax: …

Request for issuance of an exhibition permit for fine arts in Vietnam:

- Title of the exhibition: …

- Display location: …

- Duration of display from …to: …

- Number of artworks: …

- Number of artists: …

Commitment:

- Compliance with all legal regulations on exhibitions and related regulations when organizing the exhibition.

- Responsible for the accuracy and truthfulness of the content of the application for an exhibition permit for fine arts in Vietnam.

 

Form No. 2

 

APPLICATION FOR FILM FESTIVAL ORGANIZATION PERMIT
EXPORTING FINE ART EXHIBITIONS FROM VIETNAM TO FOREIGN COUNTRIES

Respectfully submitted to: ...

Name of individual/organization applying: …

Address: …

Phone: …

Request for issuance of an export permit for fine art exhibitions from Vietnam to foreign countries

Title of exhibition: …

Display location: …

Country: …

Duration of display from: …to …

Number of artworks: …

Number of artists: …

Commitment:

- Compliance with all legal regulations on exhibitions and related regulations when organizing the exhibition and the laws of the host country.

- Responsible for the accuracy and truthfulness of the content of the application for an export permit for fine art exhibitions from Vietnam to foreign countries.

 

Model No. 3

 LICENSE

APPLICATION FOR FINE ART EXHIBITION IN VIETNAM

Based on Decree No. …/NĐ-CP dated … month … year … of the Government on fine arts activities.

Considering the request of: …

(request document dated: …)

(1) …issue an exhibition permit for fine arts in Vietnam

- Title of exhibition: …

- Organizing unit: …

- Display location: …

- Duration of display: …

- Number of artworks: …

- Number of artists: …

- The permit is valid for six months from the date of issue.

____________

¹ Department of Fine Arts, Photography and Exhibitions or Department of Culture, Sports and Tourism.

 

Model No. 4

LICENSE

EXPORTING FINE ART EXHIBITIONS FROM VIETNAM TO FOREIGN COUNTRIES

Based on Decree No. …/NĐ-CP dated … month … year … of the Government on fine arts activities.

Considering the request of: …

(1) …issue an export permit for fine art exhibitions from Vietnam to foreign countries

- Title of exhibition: …

- Organizing unit: …

- Display location: …

- Country: …

- Duration of display: …

- Number of artworks sent: …

- Number of artists: …

- The permit is valid for six months from the date of issue.

____________

¹ Department of Fine Arts, Photography and Exhibitions or Department of Culture, Sports and Tourism.

 

Model No. 5

APPLICATION FOR ISSUE OF PERMIT FOR
REPRODUCTION OF PORTRAITS OF CULTURAL FIGURES, NATIONAL HEROES, AND LEADERS

To: Department of Culture, Sports and Tourism of province/city…

Name of individual/organization applying …

Address: …

Phone: …

Request for issuance of a permit to copy portraits and statues of cultural celebrities, national heroes, and leaders:

Title of work (original model) …

Name of author (original model) …

Scope of reproduction: …

Material of reproduction: …

Number of reproductions: …

Name of individual/organization requesting reproduction: …

Address of individual/organization requesting reproduction: …

Purpose of use: …

Location of use: …

Commitment:

- Comply with all legal regulations on the reproduction of fine art works and related provisions.

- Bear responsibility for the accuracy and truthfulness of the content of the application.

 

Model No. 6

 LICENSE

REPRODUCTION OF PORTRAITS OF CULTURAL FIGURES, NATIONAL HEROES, AND LEADERS

Pursuant to Decree No. …/NĐ-CP dated … month … year … of the Government on fine arts activities.

Considering the request of: …

(Date of request …)

The Department of Culture, Sports and Tourism … issues a permit to copy portraits and statues of cultural celebrities, national heroes, and leaders:

Title of work (original model): …

Name of author (original model): …

Scope of reproduction: …

Material of reproduction: …

Number of reproductions: …

Name of individual/organization requesting reproduction: …

Address of individual/organization requesting reproduction: …

Using entity: …

Purpose of use: …

Location of use: …

 

Model No. 7

PETITION FOR APPLICATION

PERMIT FOR CONSTRUCTION OF STATUES AND LARGE PAINTINGS

Respectfully submitted to: People's Committee of province/city.

- Investor:...

+ Representative: … Position: …

+ Address: … Phone: …

Request for construction permit

Project: …

- Theme, content: …

- Volume: …

- Statue: (size) … Material: …

- Relief sculpture: (size) … Material: …

- Large painting: (size) … Material: …

- Source of funds: …

- Budget estimate reviewed according to document No.: …

- Anticipated start and completion date of project: …

- Construction location: …

- Land area: …

- Main orientation of statue: …

- Author: …

+ Address: …Phone: …

- Sketch model approved by the Art Council according to document No.: …

- Entity responsible for artistic representation: …

Commitment:

- We solemnly commit to comply with the issued permit, and if there is any violation, we will bear full responsibility and be subject to legal sanctions.

- Enclosed are certified copies; Land Use Right Certificate.

 

Model No. 8

CONSTRUCTION PERMIT
MONUMENTS AND GRAND PAINTINGS

- Pursuant to Decree No. ………/NĐ-CP dated ... month … year … of the Government on fine arts activities.

- Pursuant to letter No. …../…. dated ….. month... year … of … regarding the request for construction permit for the project …

PEOPLE'S COMMITTEE OF PROVINCE/CITY …

- Issued to: …

To construct the project …

- Theme, content: …

- Statue: (size) … Material: …

- Relief sculpture: (size) … Material: …

- Large painting: (size) … Material: …

- Source of funds: …

- Budget estimate reviewed by authorized body according to document No.: …

- Land area: …

- Author: …

- Address: … Telephone: …

- Sketch model approved by the Art Council according to document No.: …

- Entity responsible for artistic representation: …

Points to note:

- The investor must comply with the provisions of Decree No. …/NĐ-CP dated … month ... year … of the Government.

- This permit is valid for 12 months from the date of issue; beyond this period without commencement of the project, a letter requesting extension of the permit must be submitted.

 

Model No. 9

 APPLICATION FOR FILM FESTIVAL ORGANIZATION PERMIT
SCULPTURE CREATION CAMP

Respectfully submitted to: ...

- Name of entity making the request: …

- Representative: … Position: …

- Address: … Phone: …

Request for issuance of a permit to organize a Sculpture Creation Camp (name of camp) …

- Theme: …

- Number of authors:

+ Vietnamese nationality: …

+ Foreign nationality: …

- Number of artworks: …

- Material: … Size of work: …

- Source of funds: …

- Duration from: … to …

- Location of camp: …

- Owner of the work: …

Commitment:

We solemnly commit to comply with the contents of the issued permit; if violated, we will bear responsibility and be subject to legal sanctions.

 

Form No. 10

 LICENSE

SCULPTURE CREATION CAMP

- Pursuant to Decree No. …/NĐ-CP dated ... month ... year … of the Government on fine arts activities.

- Considering the request for issuance of a permit to organize a Sculpture Creation Camp … dated ... month ... year … of … (requesting entity) ……………..

(NAME OF THE ISSUING AUTHORITY)

- Issued to: …

Permission granted to organize a Sculpture Creation Camp …

- Theme: …

- Number of artists: …

- Number of artworks: …

- Material: …

- Source of funds: …

- Duration: …

- Location of camp: …

- Owner of the work: …

Points to note:

- The organizing entity must comply with the contents of the permit and the provisions of Decree No. …../NĐ-CP dated ... month … year ... of the Government.

- This permit is valid for 12 months from the date of issue. Beyond this period without organizing the camp, new procedures for obtaining a permit must be followed.