Decree No. 157/2020/NĐ-CP details certain provisions and implementation measures of the Law on Performances, replacing Decree No. 79/2012/NĐ-CP and Decree No. 15/2016/NĐ-CP.
적용 범위
This Decree applies to organizations and individuals, both domestic and foreign, engaged in artistic performance activities in Vietnam.
핵심 사항
- Detailed regulations on permits for artistic performances, fashion shows, beauty contests, and modeling
- Regulations on the circulation and business of audio and video recordings containing artistic performance content
- State management regulations for artistic performance activities
- Transitional provisions and effectiveness
- This Decree takes effect from February 1, 2021
🌐 이 문서의 사회적 영향
- Development of the cultural industry sector
- Strengthening state management over artistic performance activities
- Ensuring the rights of organizations and individuals participating in artistic performance activities
❓ 자주 묻는 질문
When does Decree No. 157/2020/NĐ-CP take effect?
This Decree takes effect from February 1, 2021.
Which old regulations are abolished after the new Decree is issued?
After Decree No. 157/2020/NĐ-CP takes effect, the provisions of Decree No. 79/2012/NĐ-CP dated October 5, 2012, and Decree No. 15/2016/NĐ-CP dated March 15, 2016, will cease to be effective.
Which organizations and individuals need to comply with this Decree?
This Decree applies to organizations and individuals, both domestic and foreign, engaged in artistic performance activities in Vietnam.
전문
DECREE
REGULATIONS ON PERFORMING ARTS ACTIVITIES
Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;
At the proposal of the Minister of Culture, Sports and Tourism;
The Government promulgates this Decree on performing arts activities.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation and Applicability
1. This Decree stipulates performing arts activities within the territory of Vietnam and from Vietnam to foreign countries.
2. This Decree applies to the following subjects:
a) Vietnamese organizations and individuals engaged in performing arts activities within the territory of Vietnam and from Vietnam to foreign countries;
b) Foreign organizations and individuals participating in performing arts activities within the territory of Vietnam.
c) Other relevant organizations and individuals.
Article 2. Interpretation of Terms
In this Decree, the following terms are understood as follows:
1. Performing arts activities are activities that create artistic products shaped in the form of text, sound, images to convey directly or indirectly through technical means to the public in various forms of performing arts; circulating audio and video recordings containing performing arts performances.
2. Performing arts performance is an activity that expresses various types of performing arts, beauty pageants, modeling, or a combination of performing arts with fashion shows, cultural and sports activities.
3. Types of performing arts include theater, music, dance, and traditional to modern folk performance forms of Vietnam and the world.
4. Circulating audio and video recordings containing performing arts performances is distributing sound and image products containing performing arts content formatted on tapes, discs, software, and other materials for business, exploitation, and use in society.
Article 3. Prohibitions in performing arts activities
1. Opposing the Socialist Republic of Vietnam.
2. Distorting history, independence, sovereignty, and territorial integrity of the Socialist Republic of Vietnam; compromising national security; denying revolutionary achievements; insulting leaders, national heroes, prominent figures; undermining the solidarity of the entire people; insulting beliefs and religions; discriminating against races; infringing upon the rights and legitimate interests of organizations and individuals.
3. Inciting violence, promoting aggressive war propaganda, causing hatred among ethnic groups and peoples of different countries, adversely affecting foreign relations.
4. Using costumes, language, sounds, images, actions, expression methods, performance formats that violate the customs and traditions of the nation, negatively impacting community morals, health, and social psychology.
Article 4. Rights and responsibilities of organizations and individuals organizing performing arts performances
1. Organizations and individuals organizing performing arts performances have the right:
a) To organize performing arts performances in accordance with the provisions of the law;
b) To enjoy lawful benefits from organizing performing arts performances.
2. Organizations and individuals organizing performing arts performances are responsible for:
a) Adhering to the provisions of Article 3 of this Decree and other relevant laws;
b) Implementing accurately the content already announced; the content approved or agreed upon by competent state authorities according to the provisions of this Decree;
c) Ensuring activities with content appropriate to cultural traditions; suitable for age and gender as prescribed by law; in cases where children are involved, they must comply with the provisions of the law on child protection;
d) Complying with the provisions of the law on copyright and related rights;
đ) Revoking awards given to organizations and individuals who won prizes according to the provisions of Article 18 of this Decree;
e) Not using performers during the suspension period of performing arts activities;
g) Not using revoked, canceled titles or titles under the provisions of Clause 4, Article 20 of this Decree in performing arts activities;
h) Stopping or changing the time, location, and plan of performing arts activities according to the requirements of competent state authorities.
Article 5. Rights and responsibilities of organizations and individuals participating in artistic performances
1. Organizations and individuals participating in artistic performances have the following rights:
a) To participate in artistic performances in accordance with the provisions of the law;
b) To enjoy legitimate benefits from participating in artistic performances and to be protected by the State in accordance with the provisions of the law.
2. Organizations and individuals participating in artistic performances shall bear the following responsibilities:
a) Adhering to the provisions of Article 3 of this Decree and other relevant laws;
b) Not to take advantage of artistic performance activities to commit acts that violate the law;
c) Not to use revoked, canceled titles or awards, or titles specified in Clause 4, Article 20 of this Decree;
d) To comply with the provisions of the law on copyright and related rights.
Article 6. Rights and responsibilities of the organizers of venues for artistic performances
1. The organizers of venues for artistic performances have the following rights:
a) To exploit and use the venue in accordance with the provisions of the law;
b) To enjoy legitimate benefits from exploiting and using the venue.
2. The organizers of venues for artistic performances shall bear the following responsibilities:
a) To comply with regulations on business operations, security conditions, public order, social safety, fire prevention, environmental protection, and other relevant laws;
b) To stop or change the time and scale of artistic performance activities upon request of competent state agencies.
Article 7. Rights and responsibilities of organizations and individuals circulating audio and video recordings containing artistic performances
1. Organizations and individuals circulating audio and video recordings containing artistic performances have the following rights:
a) To circulate audio and video recordings containing artistic performances in accordance with the provisions of the law;
b) To enjoy legitimate benefits from circulating audio and video recordings containing artistic performances.
2. Organizations and individuals circulating audio and video recordings containing artistic performances shall bear the following responsibilities:
a) Not to circulate audio and video recordings containing content that violates the provisions of Article 3 of this Decree and other relevant laws;
b) To comply with the provisions of the law on copyright and related rights;
c) To implement previewing in accordance with the provisions of this Decree.
Chapter II
ARTISTIC PERFORMANCE ACTIVITIES
Section 1. ORGANIZATION OF ARTISTIC PERFORMANCES
Article 8. Forms of organizing artistic performances
1. Artistic performances organized for political tasks; artistic performances organized internally within agencies and organizations, shall be reported in accordance with the provisions of Article 9 of this Decree.
2. Artistic performances organized at tourism service establishments, entertainment venues, restaurants not selling performance tickets, shall be reported in accordance with the provisions of Article 9 of this Decree.
3. Other forms of artistic performances not covered under the provisions of Clauses 1 and 2 of this Article shall comply with the provisions of Article 10 of this Decree.
4. Artistic performances not directly before the public may be broadcast on radio, television systems, and online environments, with the person broadcasting bearing responsibility.
Article 9. Reporting the organization of artistic performances
1. Agencies and organizations implementing activities stipulated in Clause 1 of Article 8 of this Decree shall report to the competent state agency specified in Clause 3 of this Article before organizing. The head shall be responsible for implementing according to the approved plan.
2. Business establishments implementing activities stipulated in Clause 2 of Article 8 of this Decree shall report to the competent state agency specified in point b, Clause 3 of this Article before organizing.
3. Agencies receiving reports:
a) The provincial People's Committee where the artistic performance is organized shall receive reports from agencies and units under central ministries, councils, and departments, central agencies of political organizations, political-social organizations, social organizations, occupational social organizations, economic organizations;
b) The district People's Committee where the artistic performance is organized shall receive reports from other organizations and individuals.
4. Procedure for receiving reports:
Agencies, organizations, and individuals shall submit reports in writing (according to Form No. 01 attached to this Decree) directly; through postal services or online to the receiving agency at least five working days before the planned date of the artistic performance.
Article 10. Conditions and procedures for organizing artistic performances as stipulated in Clause 3, Article 8 of this Decree
1. Conditions for organizing artistic performances:
a) Being a public service unit with the function of organizing artistic performances; specialized associations on performing arts; organizations and individuals registered to operate artistic performance activities in accordance with the law;
b) Meeting conditions regarding security, social order and safety, environment, health, and fire prevention and control as prescribed by law;
c) Having a written approval from the competent state agency to organize artistic performances.
2. The competent state agency referred to in point c, Clause 1 of this Article:
a) The Ministry of Culture, Sports and Tourism approves the organization of artistic performances within the framework of international cooperation of central specialized associations on performing arts and central public service units with the function of organizing artistic performances;
b) The People's Committee of the province approves the organization of artistic performances held within its administrative area, except for cases specified in point a of this Clause.
3. Components of the application dossier:
a) A request for organizing artistic performances (in Form No. 02 attached to this Decree);
b) Script, list of works with authors and the person primarily responsible for the content of the program (for foreign works, a certified Vietnamese translation of the author's signature must be attached);
4. Procedure for issuing the approval document:
a) Organizations and individuals submit one set of the dossier directly; through postal services or online to the competent state agency at least seven working days before the planned date of the artistic performance;
b) In case the dossier is not complete, the competent state agency shall issue a written notice requesting completion of the dossier within three working days from the date of receipt of the dossier;
c) In case the dossier meets the requirements, the competent state agency shall review and issue an approval document for organizing artistic performances (in Form No. 03 attached to this Decree) within five working days from the date of receipt of the dossier, simultaneously posting it on the electronic information system. If not approved, a written response stating the reasons must be provided;
d) In case there is a change in the content of the artistic performance that has been approved, the organization or individual proposing the artistic performance shall submit a written explanation directly; through postal services or online to the approving agency. Within two working days from the date of receiving a complete dossier, the approving agency must examine and decide, and notify the result in writing to the proposing organization or individual;
đ) In case there is a change in the time or location of the artistic performance that has been approved, the organization or individual proposing the artistic performance shall submit a written notification directly; through postal services or online to the approving agency and the local government where the performance is organized at least two working days before the planned date of the performance;
5. Central specialized associations on performing arts and central public service units with the function of organizing artistic performances shall notify in accordance with Clause 4, Article 9 of this Decree to the People's Committee of the province where the performance is organized after obtaining the approval document for organizing international cooperative artistic performances from the Ministry of Culture, Sports and Tourism.
Section 2. ORGANIZATION OF CONTESTS AND FESTIVALS OF PERFORMING ART FORMS
Article 11. Forms of organizing contests and festivals of performing art forms
1. Contests and festivals serving political tasks; contests and festivals for subjects within the internal management scope of agencies and organizations shall be implemented in accordance with the notification provisions stipulated in Article 12 of this Decree.
2. Other contests and festivals not falling under the form prescribed in Clause 1 of this Article shall comply with the provisions set forth in Article 13 of this Decree.
3. Contests and festivals not directly held before the public audience shall be broadcast on radio, television systems, and online environments, with the person broadcasting or transmitting being responsible.
Article 12. Notification of organization of contests and festivals of performing art forms
1. Agencies and organizations implementing activities as prescribed in Clause 1 of Article 11 of this Decree shall notify the relevant state agency as prescribed in Clause 2 of this Article prior to organizing such events. The head of the agency or organization shall be responsible for implementing according to the approved plan.
2. Agency receiving notifications:
a) The People's Committee of the province where the contest or festival takes place shall receive notifications from agencies and units under central ministries, sectors, central agencies of political organizations, political social organizations, social organizations, occupational social organizations, and economic organizations.
b) The People's Committee of the district where the contest or festival takes place shall receive notifications from other organizations and individuals.
3. Procedure for receiving notifications:
Agencies and organizations shall send notifications in writing (in Form No. 01 attached to this Decree) directly; through postal service or online to the receiving agency at least 10 working days before the planned date of the contest or festival.
Article 13. Conditions and procedures for organizing contests and festivals of performing art forms as prescribed in Clause 2 of Article 11 of this Decree
1. Conditions for organizing contests and festivals:
a) Being a public service unit with the function of organizing artistic performances; specialized associations on performing arts; organizations and individuals registered to operate artistic performance activities in accordance with the law;
b) Meeting conditions regarding security, social order and safety, environment, health, and fire prevention and control as prescribed by law;
c) Having a written approval for organizing contests and festivals of performing art forms from the competent state agency.
2. The competent state agency referred to in point c, Clause 1 of this Article:
a) The Ministry of Culture, Sports and Tourism approves the organization of national and international contests and festivals by central specialized associations of performing arts and public service units with performing arts functions under the central government.
b) The People's Committee of the province approves the organization of contests and festivals within its administrative area that do not fall under the cases prescribed in point a of this clause.
3. Components of the application dossier:
a) A request for organizing the contest or festival (in Form No. 04 attached to this Decree);
b) An organizational plan for the contest or festival (in Form No. 05 attached to this Decree).
4. Procedure for issuing the approval document:
a) Organizations and individuals shall submit one set of files directly; through postal service or online to the competent state agency at least 30 working days before the planned date of the contest or festival;
b) In case the dossier is not complete, the competent state agency shall issue a written notice requesting completion of the dossier within three working days from the date of receipt of the dossier;
c) In case the file is complete as prescribed, within 15 working days from the date of receipt of the file, the competent state agency shall review and issue a written approval for organizing the contest or festival (in Form No. 06 attached to this Decree) while simultaneously posting it on the electronic information system. In case of non-approval, a written response must be provided stating the reasons;
d) In case there is a change in the content of the contest or festival already approved, the organization or individual requesting the organization of the contest or festival shall provide a written explanation sent directly; through postal service or online to the approving agency. Within 5 working days from the date of receipt of all valid files, the approving agency must examine and decide, and notify the result in writing to the requesting organization or individual;
đ) In case there is a change in the time or location of the contest or festival already approved, the organization or individual requesting the organization of the contest or festival shall provide a written notice sent directly; through postal service or online to the approving agency and the local authority where the contest or festival takes place at least 5 working days before the planned date of the contest or festival.
5. Central specialized associations of performing arts and public service units with performing arts functions under the central government shall implement notifications as prescribed in Clause 3 of Article 12 of this Decree to the People's Committee of the province where the contest or festival takes place after obtaining written approval for organizing national and international contests and festivals from the Ministry of Culture, Sports and Tourism.
Section 3. ORGANIZATION OF BEAUTY AND MODEL CONTESTS
Article 14. Forms of organizing beauty and model contests
1. Contests for organizations and individuals within the internal management scope of agencies and organizations shall be implemented in accordance with the notification provisions stipulated in Article 15 of this Decree.
2. Other contests not falling under the form prescribed in Clause 1 of this Article shall comply with the provisions stipulated in Article 16 of this Decree.
3. Contests not directly open to the public shall be broadcast on radio, television systems, and online environments, with the person broadcasting or posting being responsible.
Article 15. Notification of Organizing Beauty and Model Contests
1. Agencies and organizations implementing activities as prescribed in Clause 1 of Article 14 of this Decree shall notify the People's Committee of the district where the contest will be held before organizing it. The head is responsible for implementing according to the approved plan.
2. Procedure for receiving notifications:
Agencies and organizations submit the notification in writing (in Form No. 01 attached to this Decree) directly; through postal service or online to the agency receiving the notification at least 10 working days before the planned date of the contest.
Article 16. Conditions and Procedures for Organizing Beauty and Model Contests as Prescribed in Clause 2 of Article 14
1. Conditions for organizing contests:
a) Being a public service unit with the function of organizing artistic performances; specialized associations on performing arts; organizations and individuals registered to operate artistic performance activities in accordance with the law;
b) Meeting conditions regarding security, social order and safety, environment, health, and fire prevention and control as prescribed by law;
c) Having a written approval from the competent state agency to organize the beauty and model contest.
2. The competent state agency referred to in point c of Clause 1 of this Article is the People's Committee of the province where the contest will be held.
3. The Chairman of the People's Committee of the province directs subordinate agencies to implement state management measures and is responsible for ensuring that the organization of the contest on its territory complies with the law.
4. Components of the application dossier for procedures:
a) A request for organizing the contest (in Form No. 07 attached to this Decree);
b) A project for organizing the contest (in Form No. 08 attached to this Decree).
5. Procedure for issuing approval documents:
a) Organizations and individuals submit one set of the dossier directly; through postal service or online to the competent state agency at least 30 working days before the planned date of the contest;
b) In case the dossier is not complete, the competent state agency shall issue a written notice requesting completion of the dossier within three working days from the date of receipt of the dossier;
c) In cases where the dossier is complete as required, within 15 working days from the date of receipt of the dossier, the competent state agency shall review and issue an approval document for organizing the contest (in Form No. 09 attached to this Decree) while publishing it on the electronic information system. If not approved, a written response must be provided stating the reasons;
d) In cases where the content of the contest already approved needs to be changed, the organization or individual proposing the contest shall submit a written explanation directly; through postal service or online to the approving agency. Within five working days from the date of receipt of the valid dossier, the approving agency must examine and decide, and notify the result in writing to the proposing organization or individual;
đ) In cases where the time and place of the contest already approved need to be changed, the organization or individual proposing the contest shall submit a written notice directly; through postal service or online to the approving agency and the local government where the contest will be held at least five working days before the planned date of the contest.
Section 4. SUSPENDING ARTISTIC PERFORMANCES, WITHDRAWING TITLES AND AWARDS, ANNULING THE RESULTS OF CONTESTS AND FESTIVALS HELD IN VIETNAM
Article 17. Suspending Artistic Performances
1. The competent state agency shall request to suspend artistic performances in writing in any of the following cases:
a) Violating the provisions of Article 3 of this Decree;
b) Not having notified or not yet being approved by the competent state agency as prescribed in this Decree;
c) For reasons of national defense, security, natural disasters, epidemics, or emergency situations.
2. The competent state agency that suspends artistic performances is the agency receiving the notification or the agency authorized to approve as stipulated in this Decree.
3. The document requesting to suspend artistic performances must clearly state the reason and the time of suspension.
4. Organizations and individuals must suspend artistic performances according to the request of the competent state agency, promptly rectify the consequences. In case they continue to carry out artistic performances, organizations and individuals must submit a proposal for continued organization to the competent state agency for consideration and decision.
5. Within two working days from the date of receipt of the proposal, the competent state agency shall consider and decide, and notify the result in writing to the relevant organizations and individuals for their knowledge and implementation.
6. Organizations and individuals whose artistic performances have been suspended must publicly announce on mass media about the suspension of artistic performances and bear responsibility for ensuring the rights and interests of related organizations and individuals in accordance with the law.
Article 18. Withdrawing Titles and Awards, Annuling Results of Contests and Festivals of Various Forms of Performing Arts and Beauty Pageants
1. The competent state agency specified in Clause 2 of Article 17 of this Decree may request in writing to withdraw titles and awards from organizations and individuals organizing contests and festivals when discovering any of the following cases:
a) Individuals who have received titles and awards violate the provisions of Article 3 of this Decree;
b) Titles and awards awarded at contests and festivals do not match the content of the project proposal for approval or the content of the announcement.
2. Organizations and individuals organizing contests and festivals must withdraw titles and awards according to the request of the competent state agency, publicly announce on mass media about the withdrawal of titles and awards and bear responsibility for ensuring the rights and interests of related organizations and individuals in accordance with the law.
3. If the withdrawal is not carried out, the competent state agency specified in Clause 2 of Article 17 of this Decree shall decide to annul the results of the contest and festival within five working days from the date of the withdrawal request document and publish information about the annulment of the contest and festival results on the electronic information system of the competent state agency.
Section 5. PARTICIPATING IN BEAUTY PAGEANTS AND MODEL CONTESTS ABROAD
Article 19. Conditions for Vietnamese Individuals Participating in Beauty Pageants and Model Contests Abroad
1. Having an invitation letter from the organization or individual organizing the contest.
2. Not during the period of administrative sanction enforcement; not having a criminal record or not being a person currently accused under the Criminal Procedure Law.
3. Not during the period of suspension of artistic performance activities according to the decision of the competent state agency.
Article 20. Participating in Beauty and Model Contests Abroad
1. Vietnamese individuals participating in beauty and model contests abroad must complete the procedures to request the competent cultural authority under the provincial People's Committee where the individual resides to issue a confirmation document for participation in beauty and model contests abroad.
2. The components of the application file for the procedures include:
a) A declaration form on participation in beauty and model contests abroad (in accordance with Form No. 10 attached to this Decree);
b) Criminal record sheet No. 1;
c) A certified copy of the invitation letter to participate in the contest accompanied by a Vietnamese translation certified by the translator's signature.
3. Procedures for issuing the confirmation document:
a) Individuals submit one set of the application file directly; through postal service or online to the competent state agency;
b) In case the dossier is not complete, the competent state agency shall issue a written notice requesting completion of the dossier within three working days from the date of receipt of the dossier;
c) In cases where the application file is complete as prescribed, within five working days from the date of receipt of the application file, the competent state agency shall issue the confirmation document (in accordance with Form No. 11 attached to this Decree) and simultaneously publish it on the electronic information system. If not confirmed, a written response stating the reasons must be provided;
d) In cases where there is a change in the content that has been confirmed, the individual must provide a written explanation and submit it directly; through postal service or online to the confirming agency. Within two working days from the date of receiving the valid application file, the confirming agency must review, decide, and notify the result in writing to the applicant.
4. Individuals who have not been confirmed by the competent state agency according to the procedures stipulated in Clause 3 of this Article shall not use the titles obtained at beauty and model contests abroad in artistic performances in Vietnam.
Chapter III
RECORDING AND DISTRIBUTION OF AUDIO AND VIDEO RECORDINGS WITH ARTISTIC PERFORMANCE CONTENT
Article 21. Forms of Distribution of Audio and Video Recordings with Artistic Performance Content
1. Non-commercial distribution of audio and video recordings with artistic performance content produced or imported by organizations and individuals is the responsibility of the producer or importer.
2. Commercial distribution of audio and video recordings with artistic performance content shall be subject to previewing as prescribed in Article 23 of this Decree.
3. Distribution of audio and video recordings with artistic performance content on radio, television systems, and online environments is the responsibility of the person posting or broadcasting.
Article 22. Conditions for Commercial Distribution of Audio and Video Recordings with Artistic Performance Content
1. It is a public service unit with artistic performance functions; organizations and individuals registered to operate audio and video recordings in accordance with the law.
2. Implement previewing as prescribed in Article 23 of this Decree.
Article 23. Previewing of Audio and Video Recordings with Artistic Performance Content for Commercial Distribution
1. Organizations and individuals must submit for previewing at least ten days before distributing audio and video recordings with artistic performance content for commercial purposes to the competent state agency as follows:
a) Audio and video recordings of organizations under central agencies as prescribed in Clause 1 of Article 22 of this Decree shall be submitted to the Ministry of Culture, Sports and Tourism;
b) Audio and video recordings of organizations and individuals under local agencies as prescribed in Clause 1 of Article 22 of this Decree shall be submitted to the provincial People's Committee.
2. Receiving Preview Submissions:
Organizations and individuals submit a declaration form for preview submission (in accordance with Form No. 12 attached to this Decree) along with two copies of the audio and video recordings in either direct submission, postal service, or online to the competent state agency. The time of submitting for previewing of audio and video recordings is the time when the competent state agency receives the preview submissions.
Article 24. Responsibilities of State Authorities with Competence to Accept and Retain Audio and Video Records Containing Art Performances for Commercial Purposes
1. Inspect, compare, and decide on suspending circulation and ordering destruction of audio and video records when violations of provisions stipulated in Article 3 of this Decree and other relevant laws are discovered.
2. Organize storage of audio and video records for a period of twenty-four months and carry out purification or disposal after the retention period expires.
Article 25. Distribution of Audio and Video Records Containing Art Performances by Foreign Organizations and Individuals in Vietnam
1. Foreign organizations and individuals distributing audio and video records containing art performances on the territory of Vietnam shall comply with the provisions of this Decree and other relevant laws without contravening international treaties to which the Socialist Republic of Vietnam is a party.
2. Foreign organizations and individuals shall not directly distribute audio and video records containing art performances on the territory of Vietnam.
Article 26. Export and Import of Audio and Video Records
1. Vietnamese organizations and individuals and foreign organizations operating in Vietnam engaged in exporting and importing audio and video records containing art performances shall comply with the provisions of this Decree and other relevant laws.
2. The export and import of audio and video records containing art performances for non-commercial purposes shall be carried out in accordance with current laws.
Chapter IV
IMPLEMENTATION
Article 27. Responsibilities of the Ministry of Culture, Sports and Tourism
The Ministry of Culture, Sports and Tourism shall be responsible before the Government for state management of artistic performance activities as prescribed in this Decree:
1. Issuing mechanisms, policies, regulatory legal documents, strategies, plans, programs, and projects concerning artistic performance activities within its authority or submitting them to competent authorities for issuance.
2. Directing, guiding, urging, disseminating, educating, and organizing the implementation of regulatory legal documents concerning artistic performance activities.
3. Taking the lead and coordinating with relevant ministries and agencies in managing, directing scientific research, training, and developing human resources in specialized fields, rewarding, and international cooperation in artistic performance activities.
4. Taking the lead and coordinating with competent state authorities in inspecting, supervising, handling complaints, accusations, and dealing with violations in artistic performance activities.
5. Other tasks and powers as prescribed by law.
Article 28. Responsibilities of Ministries, Agencies Equivalent to Ministries, and Government Agencies
1. The Ministry of Information and Communications shall be responsible for coordinating with the Ministry of Culture, Sports and Tourism in managing artistic performance activities transmitted through radio, television, electronic information systems, and online environments; directing and guiding press and mass media organizations and grassroots information systems in organizing and implementing artistic performance activities.
2. The Ministry of Public Security shall be responsible for directing and implementing measures to ensure safety, security, fire prevention, explosion prevention, and social order for artistic performance activities; coordinating in managing security, entry and exit with foreign organizations and individuals engaged in artistic performance activities in Vietnam and Vietnamese organizations and individuals engaged in such activities abroad; coordinating with the Ministry of Culture, Sports and Tourism in inspecting, supervising, handling complaints, accusations, and dealing with violations in artistic performance activities.
3. The Ministry of Foreign Affairs shall be responsible for coordinating with the Ministry of Culture, Sports and Tourism in organizing artistic performance activities serving political diplomatic work and international cooperation activities; directing Vietnamese diplomatic missions abroad to manage and support Vietnamese organizations and individuals engaged in artistic performance activities abroad.
4. Ministries, agencies equivalent to ministries, and government agencies within their respective tasks and powers shall be responsible for coordinating with the Ministry of Culture, Sports and Tourism to ensure the implementation of state management over artistic performance activities.
Article 29. Tasks and Authorities of the People's Committee of the province and centrally governed city
1. Implement state management over artistic performance activities within their jurisdiction. Direct specialized agencies on culture, subordinate agencies, and people's committees at all levels to implement state management over artistic performance activities according to this Decree and other relevant laws, based on their respective authority.
2. Issue or submit for approval by competent authorities mechanisms, policies, regulatory legal documents, plans, programs, and projects concerning artistic performance activities within their jurisdiction.
3. Direct, guide, urge, disseminate, educate, and organize the implementation of regulatory legal documents concerning artistic performance activities within their jurisdiction.
4. Direct scientific research, training, capacity building, human resource development in professional and vocational fields, commendation, and international cooperation in artistic performance activities within their jurisdiction.
5. Conduct inspections, examinations, handle complaints and denunciations, and deal with violations in artistic performance activities within their jurisdiction.
6. Other duties and powers as prescribed by law.
Chapter V
IMPLEMENTING PROVISIONS
Article 30. Transitional Provisions
1. Performance permits, organization permits for artistic performances and fashion shows; approval permits for the content of recorded audio and video containing artistic performances; beauty pageant participation permits issued by competent state agencies before the effective date of this Decree shall be implemented according to Decree No. 79/2012/NĐ-CP dated October 5, 2012 of the Government on artistic performances; fashion shows, beauty pageants, and modeling contests; circulation and business of recorded audio and video containing artistic performances, and Decree No. 15/2016/NĐ-CP dated March 15, 2016 of the Government amending and supplementing certain articles of Decree No. 79/2012/NĐ-CP dated October 5, 2012 of the Government on artistic performances; fashion shows, beauty pageants, and modeling contests; circulation and business of recorded audio and video containing artistic performances.
2. Beauty pageants and modeling contests that have been granted permits by competent state agencies or approved by the People's Committee of the province or centrally governed city for the location of organization shall be carried out according to the granted permits and approvals.
Article 31. Effective Date
1. This Decree takes effect from February 1, 2021.
2. The provisions of the following Decrees shall cease to be effective from the date this Decree takes effect:
a) Decree No. 79/2012/NĐ-CP dated October 5, 2012 of the Government on artistic performances; fashion shows, beauty pageants, and modeling contests; circulation and business of recorded audio and video containing artistic performances;
b) Decree No. 15/2016/NĐ-CP dated March 15, 2016 of the Government amending and supplementing certain articles of Decree No. 79/2012/NĐ-CP dated October 5, 2012 of the Government on artistic performances; fashion shows, beauty pageants, and modeling contests; circulation and business of recorded audio and video containing artistic performances;
c) Article 6 of Decree No. 142/2018/NĐ-CP dated October 9, 2018 of the Government amending certain regulations on investment conditions under the management of the Ministry of Culture, Sports and Tourism;
d) Clause 1 of Article 6 of Decree No. 54/2019/NĐ-CP dated June 19, 2019 of the Government on operating karaoke services and discotheques.
3. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairmen of the People's Committees of provinces and centrally governed cities, related agencies, organizations, units, and individuals are responsible for implementing this Decree./.
PRIME MINISTER
관계도
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