Decree No. 133/2018/ND-CP amends and supplements certain articles of Decree No. 90/2014/NĐ-CP dated September 29, 2014 of the Government on the "Ho Chi Minh Award" and the "State Award" for literature and art.

DECREE

Amending and supplementing some articles of Decree No. 90/2014/NĐ-CP dated September 29, 2014 of the Government on "Ho Chi Minh Award" and "State Award" for literature and art.amendliterature and art.

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

Pursuant to the Law on Competition and Reward dated November 26, 2003 and the Law Amending and Supplementing Certain Provisions of the Law on Competition and Reward dated November 16, 2013;

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

The Government promulgates this Decree amending and supplementing some articles of Decree No. 90/2014/NĐ-CP dated September 29, 2014 of the Government on "Ho Chi Minh Award" and "State Award" for literature and art.amendliterature and art.

Article 1. Amending and supplementing some articles of Decree No. 90/2014/NĐ-CP dated September 29, 2014 of the Government on "Ho Chi Minh Award" and "State Award" for literature and art.

1. Article 8 shall be amended and supplemented as follows:

“Article 8. Conditions for awarding the "Ho Chi Minh Award" and "State Award" for literature and art.”

1. Authors with literary and artistic works and projects eligible for the "Ho Chi Minh Award" and "State Award" must be loyal to the Socialist Republic of Vietnam; comply with Vietnamese laws.

2. Literary and artistic works and projects eligible for the "Ho Chi Minh Award" and "State Award" must meet the following conditions:

a) They must have been published, used in various forms such as publication, architecture, exhibition, stage, film, radio, television, teaching, record, and other forms since September 2, 1945, the day the Democratic Republic of Vietnam was established (now the Socialist Republic of Vietnam). For the "Ho Chi Minh Award," the minimum publication period is five years, and for the "State Award," it is three years, calculated from the date of submission of the application file to the specialized agency under the provincial People's Committee or the Central Association of Literature and Art.

b) There must be no disputes over copyright from the date of publication.”

2. Article 9 shall be amended and supplemented as follows:

“Article 9. Criteria for awarding the "Ho Chi Minh Award" for literature and art.”

Authors eligible for the "Ho Chi Minh Award" must have literary and artistic works and projects that meet the following criteria:

1. For works and projects published and used before 1993:

a) They must have significant effects in serving the revolutionary cause, have wide and long-lasting influence in social life, and make important contributions to changing people's perceptions in the development of Vietnamese literature and art, and in building and defending the country;

b) They must have extraordinary excellence in literature and art, both in content and artistic form.

2. For works and projects published and used after 1993:

a) They must have significant effects in serving the revolutionary cause, have wide and long-lasting influence in social life, and make important contributions to changing people's perceptions in the development of Vietnamese literature and art, and in building and defending the country;

b) They must have extraordinary excellence in literature and art, both in content and artistic form: They must have won the Gold Award, First Prize, or equivalent at national professional competitions, festivals, and exhibitions organized by the Ministry of Culture, Sports and Tourism, or the highest award from the Central Association of Literature and Art in their respective fields, or the top prize at reputable international professional competitions, festivals, and exhibitions.”

3. Article 10 shall be amended and supplemented as follows:

“Article 10. Criteria for awarding the "State Award" for literature and art.”

Authors eligible for the "State Award" must have literary and artistic works and projects that meet the following criteria:

1. For works and projects published and used before 1993:

a) They must have positive educational effects, contribute to building new people, improve the aesthetic level of the public, and significantly contribute to changing people's perceptions in the development of Vietnamese literature and art, and in building and defending the country;

b) They must have excellence in literature and art, both in content and artistic form.

2. For works and projects published and used after 1993:

a) They must have positive educational effects, contribute to building new people, improve the aesthetic level of the public, and significantly contribute to changing people's perceptions in the development of Vietnamese literature and art, and in building and defending the country;

b) They must have excellence in literature and art, both in content and artistic form: They must have won the First Prize, Second Prize, Third Prize (A, B, C or Gold, Silver, Bronze), or equivalent at national professional competitions, festivals, and exhibitions organized by the Ministry of Culture, Sports and Tourism, or the First Prize, Second Prize, Third Prize (A, B, C or Gold, Silver, Bronze) from the Central Association of Literature and Art in their respective fields, or the main prize at reputable international professional competitions, festivals, and exhibitions.”

4. Clause 4 of Article 13 shall be amended as follows:

“4. The Council shall convene a meeting when at least 90% of its members are present, including the Chairman of the Council or a Vice-Chairman authorized by the Chairman of the Council.”.

5. Point c of Clause 1 of Article 14 shall be amended as follows:

“c) A certified copy of the Decision on Award or Certificate of Award for works and projects specified in point b of Clause 2 of Article 9 and point b of Clause 2 of Article 10 of this Decree;”

6. Clause 1 of Article 15 shall be amended and supplemented as follows:

“1. The basic-level Council at the provincial level shall consist of seven to nine members, including:

a) The Chairman of the Council is the Deputy Chairman of the Provincial People's Committee;

b) The Vice Chairmen of the Council include leaders of the specialized agencies under the provincial People's Committee managing the field of culture and art, and the Chairman of the Provincial Association of Literature and Art.

c) Members of the Council include representatives of political-social organizations and occupational associations at the provincial level related to the specific field; experts; authors who have received the "Ho Chi Minh Award" and "State Award" for literature and art in the specific field (if any).

The Council shall use the seal of the provincial People's Committee. The specialized agency under the provincial People's Committee managing the field of culture and art shall be the permanent office of the Council. The Council shall have a Secretariat established by the Chairman of the Council.”

7. Clause 2 of Article 15 shall be amended and supplemented as follows:

“2. The basic-level Council at the Central Associations of Literature and Art shall consist of seven to nine members, including:

a) The Chairman of the Council is the Chairman of the Central Association of Literature and Art;

b) The Vice Chairmen of the Council are the Deputy Chairmen of the Central Association of Literature and Art;

c) Members of the Council include experts; authors who have received the "Ho Chi Minh Award" and "State Award" for literature and art in the specific field.

The Council shall use the seal of the Central Association of Literature and Art. The Council shall have a Secretariat established by the Chairman of the Council.”

8. Point b Clause 3 Article 15 shall be amended and supplemented as follows:

“b) Publicly announce the results of the award consideration within ten days from the date of completion of the examination and evaluation period of the dossier;”

9. Point d Clause 3 Article 15 shall be amended and supplemented as follows:

“d) Complete the dossier meeting the conditions and criteria for the “Ho Chi Minh Award,” “State Award” in literature and art; obtain at least 80% of the total number of members present at the voting session agreeing; submit to the competent authority of the specialized national council in accordance with regulations.”

10. Clause 1 Article 16 shall be amended and supplemented as follows:

“1. The specialized national council shall consist of eleven to fifteen members, including:

a) The Chairman of the Council is a representative of the leadership of the Ministry of Culture, Sports and Tourism;

b) The Vice Chairmen of the Council are the Director of the Department of Mobilization and Reward, the Director of the Cinema Department or the Director of the Performing Arts Department or the Director of the Fine Arts, Photography and Exhibition Department under the Ministry of Culture, Sports and Tourism, and the Chairman of the Central Association of Literature and Art;

c) Members of the Council include representatives of relevant agencies; experts; authors who have been awarded the “Ho Chi Minh Award,” “State Award” in literature and art in the specialized field.”

11. Point d Clause 3 Article 16 shall be amended and supplemented as follows:

“d) Complete the dossier meeting the conditions and criteria for the “Ho Chi Minh Award,” “State Award” in literature and art; obtain at least 80% of the total number of members present at the voting session agreeing; submit to the competent authority of the national council in accordance with regulations.”

12. Clause 1 Article 17 shall be amended and supplemented as follows:

“1. The national council shall consist of seventeen to nineteen members, including:

a) The Chairman of the Council is the Minister of Culture, Sports and Tourism;

b) The Vice Chairmen of the Council are representatives of the leadership of: the Central Propaganda and Education Department, the Ministry of Culture, Sports and Tourism, the Ministry of Home Affairs (Central Mobilization and Reward Department), and the Vietnam Federation of Literature and Art Associations.

c) Members of the Council include representatives of the leadership of central political-social-professional organizations related to literary and artistic fields.”

13. Add point d Clause 3 Article 17 as follows:

“d) Consider the written proposal of the Chairman of the specialized national council and vote on literary and artistic works and projects of outstanding special value, having wide and long-lasting influence on social life but not reaching the required percentage of agreement according to the regulations of the national council.”

14. Point d Clause 3 Article 17 shall be amended and supplemented to become point đ Clause 3 Article 17 as follows:

“đ) Complete the dossier meeting the conditions and criteria for the “Ho Chi Minh Award,” “State Award” in literature and art; obtain at least 80% of the total number of members present at the voting session agreeing; submit to the Prime Minister in accordance with regulations.”

15. Clause 4 Article 17 shall be amended and supplemented as follows:

"4. The national council shall send three sets of dossiers to the Ministry of Home Affairs (Central Mobilization and Reward Department) to compile and submit to the Prime Minister in accordance with regulations. The dossier includes:

a) The document stipulated in points a, b, c, d, đ and point g Clause 4 Article 15 of Decree No. 90/2014/NĐ-CP of the Government;

b) The decision establishing the national council for awarding the “Ho Chi Minh Award,” “State Award” in literature and art.”

Article 2. Effectiveness

This Decree takes effect from November 15, 2018.

Article 3. Responsibility for Implementation

1. The Ministry of Culture, Sports and Tourism is responsible for guiding the implementation of this Decree.

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