Decree No. 15/2016/ND-CP amends and supplements certain articles of Decree No. 79/2012/ND-CP on managing artistic performance activities, fashion shows; beauty pageants and model contests; circulation and business of audio and video recordings of music and stage performances. The document specifies the responsibilities of organizations and individuals participating, procedures for issuing permits, conditions, and levels of fines for violations.
适用范围
Ministry of Culture, Sports and Tourism; Performing Arts Management Department; People's Committees of provinces and centrally-run cities; Departments of Culture, Sports and Tourism; organizations and individuals participating in artistic performance activities, fashion shows; beauty pageants and model contests; circulation and business of audio and video recordings of music and stage performances.
要点
- The Performing Arts Management Department is responsible for state management of artistic performance activities, fashion shows; beauty pageants and model contests; circulation and business of audio and video recordings of music and stage performances.
- Organizations and individuals organizing artistic performances must comply with regulations regarding program content, performance schedules, security and public order, posting of rules, and payment of taxes and fees as prescribed.
- Artistic performers, fashion models; contestants in beauty pageants and model contests must comply with regulations regarding program content, maintain moral conduct, and uphold their image.
- Organizations and individuals circulating and conducting business in audio and video recordings of music and stage performances may only proceed after obtaining approval for content and affixing control labels as prescribed.
- The authority to issue and revoke permits for organizing artistic performances, fashion shows; beauty pageants and model contests is carried out by the Performing Arts Management Department and Departments of Culture, Sports and Tourism.
🌐 本文件的社会影响
- Positive impact: Strengthening state management over artistic performance activities, fashion shows; beauty pageants and model contests; circulation and business of audio and video recordings of music and stage performances, protecting copyright and related rights.
- Negative impact: Increasing costs for organizations and individuals participating in artistic performance activities due to compliance with numerous regulations and administrative procedures.
- Beneficiaries: Citizens enjoy high-quality artistic performance programs; organizations and individuals responsible for state management of artistic performance activities.
❓ 常见问题
What regulations must organizations and individuals participating in artistic performance activities comply with?
Organizations and individuals must comply with regulations regarding program content, performance schedules, security and public order, posting of rules, and payment of taxes and fees as prescribed (Article 7).
Who has the authority to issue permits for organizing artistic performances?
The authority to issue permits is carried out by the Performing Arts Management Department or Departments of Culture, Sports and Tourism (Article 9).
How should organizations and individuals affix control labels when circulating audio and video recordings of music and stage performances?
Control labels must indicate the program theme; number, date, and issuing authority of the content approval permit; quantity of audio and video recordings released; address, contact phone number, and name of the organization granted the content approval permit (Article 24).
What is the deadline for submitting copies to the issuing authority?
Within five working days from the date of issuance of the content approval permit for audio and video recordings (Article 26).
Can foreign organizations distribute audio and video recordings of music and stage performances in Vietnam?
They are not permitted to directly distribute audio and video recordings of music and stage performances within the territory of Vietnam (Article 27).
全文
DECREE
Provincial People's Committees set specific pricesTo amend and supplement some articles of N |||Decision No. 79/2012/NĐ-CP dated October 5, 2012 of the Government on artistic performances, fashion shows; beauty and model contests; circulation, trading of audio and video recordings of music, dance, and stage performances Cgovernment
||| concerning artistic performances, fashion shows; beauty and model contests; circulation, trading of audio and video recordings of music, dance, and stage performances
||| circulation, trading of audio and video recordings of music, dance, and stage performances
________________________
||| Pursuant to the Law on Organization of the Government dated June 19, 2015;
Pursuant to the Law on Legislative Acts of 03 June 2008;
On the basis of the Investment Law dated November 26, 2014;
At the proposal of the Minister of Culture, Sports and Tourism,
||| The Government promulgates this Decree amending and supplementing some articles of Decision No. 79/2012/NĐ-CP dated October 5, 2012 of the Government on artistic performances, fashion shows; beauty and model contests; circulation, trading of audio and video recordings of music, dance, and stage performances.1||| Decision No. 79/2012/NĐ-CP dated October 5, 2012 of the Government on artistic performances, fashion shows; beauty and model contests; circulation, trading of audio and video recordings of music, dance, and stage performances.i||| artistic performances, fashion shows;i ||| beauty and model contests; l||| circulation, trading of audio and video recordings of music, dance, and stage performances.
||| Article 1. Amend and supplement some articles of Decision No. 79/2012/NĐ-CP dated October 5, 2012 of the Government on artistic performances, fashion shows; beauty and model contests; circulation, trading of audio and video recordings of music, dance, and stage performances as follows:
||| 1. Amend Clauses 2 and 4 of Article 5 as follows:
"2. The Ministry of Culture, Sports and Tourism shall be responsible for assisting the Government in implementing state management over artistic performances, fashion shows; beauty and model contests; circulation, trading of audio and video recordings of music, dance, and stage performances.
The Performing Arts Administration shall be the agency assisting the Ministry of Culture, Sports and Tourism in performing state management tasks over performances, organizing artistic performances, fashion shows; beauty and model contests; circulation, trading of audio and video recordings of music, dance, and stage performances nationwide.
4. Provincial People's Committees (referred to collectively as provincial-level People's Committees) shall implement state management over artistic performances, fashion shows; beauty and model contests; circulation, trading of audio and video recordings of music, dance, and stage performances within their respective localities.
Departments of Culture, Sports and Tourism or Departments of Culture and Sports shall be agencies assisting provincial-level People's Committees in performing state management tasks over performances, organizing artistic performances, fashion shows; beauty and model contests; circulation, trading of audio and video recordings of music, dance, and stage performances within their respective localities."
“1. The procedure for appointing, reappointing accounting managers and accounting supervisors, and assigning accounting supervisors shall be carried out according to the procedure for appointing mid-level professional positions as prescribed in Circular No. 29/2017/TT-BCA dated September 1, 2017 of the Minister of Public Security stipulating the procedures and formalities for appointing, dismissing, demoting, and changing positions within the People's Police, amended and supplemented by Circular No. 49/2023/TT-BCA dated October 18, 2023; Circular No. 77/2021/TT-BCA dated July 15, 2021 of the Minister of Public Security stipulating the list of positions and titles and the allocation and use of titles for police officers and non-commissioned officers of the People's Police, and Circular No. 78/2021/TT-BCA dated July 15, 2021 of the Minister of Public Security stipulating the standards for titles of police officers and non-commissioned officers of the People's Police, and any amendments and supplements to these Circulars (if any) and the following provisions:”
||| Article 7. Responsibilities of organizations and individuals participating in artistic performance activities, organizing artistic performances, fashion shows; beauty and model contests; circulation, trading of audio and video recordings of music, dance, and stage performances
||| 1. Responsibilities of the venue organizers of artistic performances, fashion shows; beauty and model contests:
||| a) Shall not issue tickets exceeding the number of seats or the capacity of the venue to ensure the quality of artistic performance, fashion show, beauty and model contest programs;
||| b) Ensure that sound levels during performances do not exceed the maximum noise level standards allowed;
||| c) Ensure security, public order, and fire prevention according to regulations;
||| d) Must have internal rules posted at the venue;
||| đ) Organizing artistic performances, fashion shows after midnight until 8 AM must be approved by the competent state management authority at the location where the event is held;
||| e) Must have a permit for organizing artistic performances, fashion shows; beauty and model contests in accordance with regulations.
||| 2. Responsibilities of organizations and individuals organizing artistic performances, fashion shows; beauty and model contests:
||| a) Must notify in writing the content of the artistic performance, fashion show; beauty and model contest program to the Department of Culture, Sports and Tourism or the Department of Culture and Sports at the location of the event at least five working days before the date of the event;
||| b) Must comply with all legal provisions regarding copyright and related rights;
||| c) Must comply with the content recorded in the issued permit and relevant legal provisions;
||| d) Must comply with the laws of the host country and submit a report on the results to the issuing authority within seven days after returning from abroad (for cases of organizing artistic performances, fashion shows; beauty and model contests outside the country);
||| đ) Award prizes to winning teams and individuals immediately after announcing the competition results;
||| e) Revoke titles and awards given to individuals who won beauty and model contests when approved by the competent authority issuing the permit;
||| g) Edit performance items suitable for age and gender when organizing children's artistic performances, fashion shows, and must obtain the consent of the guardian in accordance with the law;
||| h) Shall not disseminate or circulate images of individuals; programs, performance items and engage in actions with content and form contrary to social values, moral standards, customs, and traditional Vietnamese culture on telecommunications networks;
||| i) Shall not announce or use titles obtained from unauthorized participation in beauty and model contests.
||| 3. Responsibilities of performers of artistic performances, fashion shows; contestants in beauty and model contests:
||| a) May only perform songs and plays that have been permitted for dissemination; present collections and designs according to the content of the permit;
||| b) For Vietnamese individuals participating in international beauty and model contests, they must comply with the regulations of the organizing committee and the laws of the host country;
||| c) Maintain personal conduct, image, and titles in line with social values, moral standards, customs, and traditional Vietnamese culture and in accordance with the law.
||| 4. Responsibilities of organizations and individuals circulating, trading audio and video recordings of music, dance, and stage performances:
||| a) May only duplicate audio and video recordings that have been approved for content;
||| b) May only sell or rent audio and video recordings bearing control labels as prescribed;
||| c) Shall not record programs or performance items with content contrary to social values, moral standards, customs, and traditional Vietnamese culture;
||| d) Shall not disseminate or circulate unapproved audio and video recordings; audio and video recordings with content and form contrary to social values, moral standards, customs, and traditional Vietnamese culture on telecommunications networks.
||| 5. Implement tax, fees, and charges in accordance with the law."
3. Supplement Article 7a as follows:
"Article 7a. Revocation of permits for performances, organization of artistic performances, fashion shows; beauty pageants and model contests; circulation and business of audio and video recordings of music and dance, stage performances.
1. Grounds for revoking permits for performances, organization of artistic performances, fashion shows; beauty pageants and model contests; circulation and business of audio and video recordings of music and dance, stage performances:
Organizations and individuals conducting performances, organizing artistic performances, fashion shows; beauty pageants and model contests; circulating and doing business with audio and video recordings of music and dance, stage performances who violate any of the contents stipulated in Article 6 and Points a, b, c, g, h Clause 2, Points a, b Clause 3, Clause 5 Article 7 of this Decree shall be subject to revocation of their permits by competent authorities depending on the nature and degree of violation.
2. The Ministry of Culture, Sports and Tourism shall provide detailed regulations on the procedures and formalities for revoking permits for performances, organization of artistic performances, fashion shows; beauty pageants and model contests; circulation and business of audio and video recordings of music and dance, stage performances."
4. Amend Point c Clause 1 Article 8 as follows:
"c) Enterprises that have registered to operate performance services, fashion shows;"
5. Amend and supplement Article 9 as follows:
"Article 9. Competence and Procedures for Issuing and Revoking Performance Permits, Artistic Performances, Fashion Shows
1. Competence and procedures for issuing and revoking permits for organizing artistic performances, fashion shows in Vietnam:
a) Competence:
- The Performing Arts Administration receives applications, reviews the content and form of programs and plays, and issues and revokes permits for organizing artistic performances, fashion shows for entities specified in Points a, b, d and đ Clause 1 Article 8 of this Decree at the central level and for entities specified in Point c Clause 1 Article 8 when permitted by the Ministry of Culture, Sports and Tourism to invite foreign organizations and individuals to perform artistic performances and fashion shows in Vietnam;
- Provincial Departments of Culture, Sports and Tourism or Provincial Departments of Culture and Sports receive applications, review the content and form of programs and plays, and issue and revoke permits for organizing artistic performances, fashion shows for entities specified in Points a, c, d and đ Clause 1 Article 8 of this Decree at the local level.
b) Procedures:
Entities specified in Clause 1 Article 8 of this Decree applying for permits to organize artistic performances and fashion shows submit one set of application documents directly or via postal service to the Performing Arts Administration or Provincial Departments of Culture, Sports and Tourism or Provincial Departments of Culture and Sports. The application includes:
- One application form for a permit to organize artistic performances and fashion shows (Form No. 01);
- One program content sheet, authors, directors, performers; a list of collections and design sketches for fashion shows;
- One copy of music or script for works being performed for the first time (for music or scripts in foreign languages, a Vietnamese translation and certification from a translation company must be provided);
- One commitment document to fully comply with copyright laws or a copy of the contract or agreement with the author or copyright owner;
- One certified copy of the decision allowing foreign organizations and individuals, Vietnamese citizens residing abroad to enter Vietnam for artistic performances and fashion shows (for programs involving foreign organizations and individuals, Vietnamese citizens residing abroad);
- One copy of the establishment decision or business registration certificate (Entities applying for administrative procedures for the first time and those violating provisions of Article 6 of this Decree during operation must submit a certified copy or bring the original for verification).
2. Competence and procedures for issuing and revoking permits for entities specified in Clause 1 Article 8 of this Decree to invite foreign organizations and individuals, Vietnamese citizens residing abroad to enter Vietnam for artistic performances and fashion shows:
a) Competence:
- The Ministry of Culture, Sports and Tourism issues and revokes permits for entities specified in Points a, d and đ Clause 1 Article 8 of this Decree at the central level to invite foreign organizations and individuals to enter Vietnam for artistic performances and fashion shows and for entities specified in Point c Clause 1 Article 8 to invite foreign organizations and individuals to perform in two or more provinces/cities or outside the province/city where the enterprise was established;
- Provincial People's Committees issue and revoke permits for entities specified in Points a, c, d, đ and e Clause 1 Article 8 of this Decree at the local level to invite foreign organizations and individuals to perform in their respective provinces;
- The Performing Arts Administration issues and revokes permits for entities specified in Clause 1 Article 8 of this Decree to invite Vietnamese citizens residing abroad to enter Vietnam for artistic performances and fashion shows.
b) Procedures:
Entities specified in Clause 1 Article 8 of this Decree inviting foreign organizations and individuals, Vietnamese citizens residing abroad to enter Vietnam for artistic performances and fashion shows submit one set of application documents directly or via postal service to the Performing Arts Administration or Provincial Departments of Culture, Sports and Tourism or Provincial Departments of Culture and Sports. The application includes:
- One application form for entering Vietnam to perform artistic performances and fashion shows (Form No. 02);
- One certified copy of the agreement with Vietnamese citizens residing abroad or foreign organizations and individuals (Vietnamese translation with certification from a translation company);
- One certified copy of the passport and a statement from the Vietnamese diplomatic mission in the host country (for Vietnamese citizens residing abroad);
- One copy of the establishment decision or business registration certificate (Entities applying for administrative procedures for the first time and those violating provisions of Article 6 of this Decree during operation must submit a certified copy or bring the original for verification).
3. Competence and procedures for issuing and revoking permits for Vietnamese organizations and individuals to perform artistic performances and fashion shows abroad:
a) Competence:
- The Ministry of Culture, Sports and Tourism issues and revokes permits for entities specified in Points a, d and đ Clause 1 Article 8 of this Decree at the central level;
- The provincial People's Committee shall issue and revoke permits for the subjects specified in Points a, c, d, and đ Clause 1 Article 8 of this Decree within their locality.
b) Procedures:
The subjects specified in Clause 1 Article 8 of this Decree shall submit one set of application documents directly or via postal service to the Department of Performing Arts or the Department of Culture, Sports and Tourism or the Department of Culture and Sports when requesting permits for organizations and individuals to perform arts and fashion shows abroad. The application package includes:
- One application form for a permit to perform arts and fashion shows abroad (Form No. 03);
- One program content sheet, authors, directors, performers; a list of collections and design sketches for fashion shows;
- One copy of the music or script for the work being proposed for its first public performance;
- One copy of the agreement with foreign organizations (Vietnamese translation certified by a translation company);
- One copy of the decision on establishment or business registration certificate (For the first time administrative procedure applicants and those who have violated the provisions of Article 6 of this Decree during their operations, submit a certified copy or bring the original for verification).”
6. Amend Clause 2 Article 10 as follows:
“2. Validity of the permit:
a) The permit for foreign organizations and individuals to enter Vietnam to perform arts and fashion shows issued by the Ministry of Culture, Sports and Tourism is valid nationwide;
b) The permit for foreign organizations and individuals to enter provinces or cities to perform arts and fashion shows issued by the provincial People's Committee is valid within the local area;
c) The permit for overseas Vietnamese artists returning to Vietnam to perform issued by the Department of Performing Arts has a maximum validity period of six months;
d) The permit for organizing arts and fashion shows is valid nationwide, except where there are restrictions on performance locations specified in the permit. The validity period of the permit for a program of songs, dances, and instrumental music is a maximum of six months, and for a stage play program, it is a maximum of twelve months.”
7. Amend Clause 1 Article 12 as follows:
“1. Organizations and individuals organizing performances by artistic groups or Vietnamese individuals for internal purposes at their headquarters or at tourist accommodation facilities, restaurants, or refreshment establishments without selling tickets or charging admission fees do not need to request a permit but must comply with the provisions stipulated in Points a, b, c, d, đ Clause 1, Points a, b, g Clause 2, Point a Clause 3 Article 7 and other relevant provisions of this Decree.”
8. Amend Article 14 as follows:
“Article 14. Organization of arts and fashion shows by broadcasting agencies and television agencies
1. Broadcasting agencies and television agencies must apply for a permit for the following activities:
a) Broadcasting agencies and television agencies collaborating with other units or enterprises to organize live performances before the public audience;
b) Broadcasting agencies and television agencies organizing performances that sell tickets to the audience for live viewing.
2. For activities not covered under Clause 1 of this Article, the head of the broadcasting agency or television agency is responsible for the content of the program and does not need to apply for a permit to organize arts and fashion shows. The broadcasting agency or television agency must send a notification document in accordance with Clause 2 Article 7 of this Decree to the competent state authority for inspection, supervision, and handling violations according to the law on administrative penalties in the fields of culture, sports, tourism, and advertising.”
9. Amend Clause 1 Article 15 as follows:
“1. When organizing mass arts performances, a permit is not required, but the following points must be adhered to: Points a, b, c, d, đ Clause 1, Points a, b, g Clause 2, Point a Clause 3 Article 7 of this Decree and the specific regulations below:
a) When organizing within residential areas or internally for political tasks or to meet cultural and artistic needs, the organizer is responsible;
b) When organizing outside the internal scope, a written notice about the purpose, scope, content of the program, time, and location of the performance must be submitted to the Department of Culture, Sports and Tourism at least five working days before the performance date.”
10. Amend Article 17 as follows:
“Article 17. Subjects organizing beauty and modeling contests
1. Vietnamese organizations registered to operate cultural and artistic services or established with the function of cultural and artistic activities by authorized state agencies.
2. Foreign organizations cooperating with Vietnamese organizations registered to operate cultural and artistic services or established with the function of cultural and artistic activities by authorized state agencies to organize contests in Vietnam.”
11. Amend Article 20 as follows:
“Article 20. Authority to issue and revoke permits for organizing beauty and modeling contests
1. The Ministry of Culture, Sports and Tourism shall issue and revoke permits for organizing beauty and modeling contests for:
a) National-level beauty contests;
b) International modeling contests held in Vietnam;
c) International beauty contests held in Vietnam.
2. The Department of Performing Arts shall issue and revoke permits for organizing beauty and modeling contests for:
a) National-level modeling contests;
b) Beauty contests at the regional, sectoral, or central mass organization level.
3. The provincial People's Committee shall issue and revoke permits for organizing beauty and modeling contests within the local area.”
12. Amend Article 21 as follows:
“Article 21. Procedures for issuing permits for organizing beauty and modeling contests
1. The organization applying for a permit to organize a contest shall submit one set of application documents directly or via postal service to the Department of Performing Arts or the Department of Culture, Sports and Tourism or the Department of Culture and Sports. The application package includes:
a) One application form for a permit to organize a contest (Form No. 04);
b) One proposal for organizing the contest, including: Contest rules, operational regulations of the Organizing Committee, and the Judging Panel;
c) 01 document approving the location for hosting the final round of the competition issued by the Provincial People's Committee sent to the licensing authority (this does not apply to provincial beauty and modeling competitions);
d) 01 certified copy of the contract or agreement between the Vietnamese organization and the foreign organization (a Vietnamese translation with certification from a translation company must be provided for international beauty and modeling competitions held in Vietnam);
đ) 01 certified copy of the decision on establishment or business registration certificate (For first-time administrative procedure applicants and those who have violated the provisions of Article 6 of this Decree during their operation, they must submit a certified copy or bring the original for verification);
2. Foreign organizations organizing international beauty and modeling competitions in Vietnam must cooperate with Vietnamese organizations registered to operate cultural and artistic services or established with functions approved by competent state authorities for cultural and artistic activities. The Vietnamese organization shall submit the application dossier in accordance with Clause 1 of this Article.
3. Time limit for issuing permits:
Within 15 working days (for domestic beauty and modeling competitions) and 30 working days (for international beauty and modeling competitions held in Vietnam), starting from the date when all valid documents are received, the competent state authority shall issue the permit. In case of refusal to issue the permit, a written response must be given stating the reasons.
"Article 22. Conditions and procedures for issuing permits for participation in international beauty and modeling competitions
13. Amend and supplement Article 22 as follows:
1. Conditions for contestants:
1. Contestants must have won a main title at domestic beauty and modeling competitions;
a) Must have won a main title at domestic beauty and modeling competitions;
b) Represented by a Vietnamese organization registered to operate cultural and artistic services or established with functions approved by competent state authorities for cultural and artistic activities to handle the application for an international beauty and modeling competition participation permit and to participate in the competition.
2. Procedures for issuing permits for contestants participating in international beauty and modeling competitions:
The representative organization shall submit 01 set of application documents directly or through postal service to the Performing Arts Department. The application includes:
a) 01 application form for a participation permit (Form No. 05);
b) 01 certified copy of the contestant's curriculum vitae confirmed by a competent state authority;
c) 01 contestant's competition entry form;
d) 01 certified copy of the invitation letter from the foreign organization to attend the international beauty and modeling competition;
đ) 01 certified copy of the certificate recognizing the title won at domestic beauty and modeling competitions;
e) 01 certified copy of the decision on establishment or business registration certificate (First-time administrative procedure applicants and those who have violated the provisions of Article 6 of this Decree during their operation must submit a certified copy or bring the original for verification).
3. Time limit for issuing permits: Within 05 working days, starting from the date when all valid documents are received, the Performing Arts Department shall issue the permit. In case of refusal to issue the permit, a written response must be given stating the reasons."
14. Amend and supplement Article 24 as follows:
"Article 24. Competent authority and procedures for issuing and revoking approval permits for audiovisual recordings of music, dance, and stage performances
1. Domestic produced or imported audiovisual recordings of music, dance, and stage performances must be issued an approval permit for content by the competent state authority as stipulated in Clause 3 of this Article.
2. Authority to issue and revoke approval permits for content of audiovisual recordings of music, dance, and stage performances:
a) The Performing Arts Department shall receive applications, issue, and revoke approval permits for content of audiovisual recordings of music, dance, and stage performances produced or imported by central organizations;
b) The Department of Culture, Sports and Tourism or the Department of Culture and Sports shall receive applications, issue, and revoke approval permits for content of audiovisual recordings of music, dance, and stage performances produced or imported by local organizations.
3. Procedures for issuing approval permits for content of audiovisual recordings of music, dance, and stage performances:
The organization applying for the approval permit shall submit 01 set of application documents directly or through postal service to the Performing Arts Department or the Department of Culture, Sports and Tourism or the Department of Culture and Sports. The application includes:
a) 01 application form for an approval permit for content (Form No. 06);
b) 01 list of authors, works, performers;
c) 01 copy of the musical score and lyrics or literary script (for foreign works, a Vietnamese translation with certification from a translation company must be provided);
d) 01 audiovisual recording containing the content of music, dance, and stage performances;
đ) 01 commitment document to fully comply with the laws on copyright or a certified copy of the contract or agreement with the author or copyright owner;
e) 01 certified copy of the decision to disseminate the work and the decision to allow overseas Vietnamese to participate in artistic performances (if the program uses works created before 1975, works created by overseas Vietnamese, and artists who are overseas Vietnamese participating in the performance);
g) 01 sample design of the audiovisual recording cover;
h) 01 certified copy of the decision on establishment or business registration certificate (First-time administrative procedure applicants and those who have violated the provisions of Article 6 of this Decree during their operation must submit a certified copy or bring the original for verification).
4. Time limit for issuing permits:
Within 05 working days, starting from the date when all valid documents are received, the Performing Arts Department or the Department of Culture, Sports and Tourism or the Department of Culture and Sports shall issue the approval permit for content. If an extension of the review and issuance period is required, it shall not exceed 07 working days. In case of refusal to issue the approval permit, a written response must be given stating the reasons.
5. Audio and video recordings of music and stage performances that have been granted a permit for content approval must be labeled with a control label before widespread circulation. The control label shall be printed and the responsibility for it borne by the organization producing, distributing, or trading audio and video recordings.
a) Information on the control label must include the following: Program topic; number, date, and issuing authority of the content approval permit; quantity of audio and video recordings released; contact address and phone number, and name of the organization granted the content approval permit;
b) Audio and video recordings of music and stage performances that have been granted a permit for content approval and labeled with a control label are valid for nationwide circulation and declaration to customs when exporting.
15. Amend Article 26 as follows:
“Article 26. Deposit of audio and video recordings of music and stage performancesdevelopmentWithin five working days from the date of issuance of the content approval permit for audio and video recordings, the organization granted the permit shall be responsible for depositing two copies of the finished audio and video recordings (with control labels affixed) to the issuing authority and the Department of Performing Arts. The receiving authority shall be responsible for retaining the audio and video recordings for a period of two years. After this period, the receiving authority shall dispose of the deposited audio and video recordings in accordance with regulations stipulated by the Minister of Culture, Sports and Tourism.”
Within five working days from the date of issuance of the license approving the audio and video recording content, the licensed organization shall be responsible for submitting two copies of the finished audio and video recordings (with control labels affixed) to the licensing authority and the Department of Performing Arts at each location. The receiving authority shall be responsible for retaining the audio and video recordings for a period of two years; upon expiration of this period, the receiving authority shall dispose of the stored audio and video recordings in accordance with the regulations of the Minister of Culture, Sports and Tourism.
16. Amend and supplement Article 27 as follows:
“Article 27. Distribution of audio and video recordings of music and stage performances in Vietnam by foreign organizations and individuals
1. Foreign organizations and individuals may only distribute audio recordings of music and stage performances within the territory of Vietnam in accordance with international treaties to which the Socialist Republic of Vietnam is a party and other relevant laws.
2. Foreign organizations and individuals may not directly distribute video recordings of music and stage performances within the territory of Vietnam.”
17. Amend Clause 1 of Article 28 as follows:
“1. Vietnamese organizations and individuals and foreign organizations operating in Vietnam engaged in the export and import of audio and video recordings of music and stage performances shall comply with the provisions of this Decree, trade laws, and investment laws.”
18. Amend Clauses 2, 3, and 4 of Article 29 as follows:
“2. Musical works and stage works created before 1975 or works of Vietnamese nationals residing and settled abroad published in the form of publications must comply with the provisions of Clause 3 of this Article and relevant laws on publishing.
3. Organizations and individuals wishing to disseminate works created before 1975 or works of Vietnamese nationals residing and settled abroad shall submit one set of application materials directly or through postal service to the Department of Performing Arts. The application package includes:
a) One application for permission to disseminate works created before 1975 or works of Vietnamese nationals residing abroad (Form No. 08);
b) One copy of the musical score or stage script (certified by the author or owner of the work);
c) One copy of the author's identification card or passport (for individual applicants seeking permission to disseminate);
d) One copy of the decision on establishment or business registration certificate (for first-time administrative procedure applicants and those who have violated the provisions of Article 6 of this Decree during their operations, certified copies or original documents for comparison);
đ) One copy of the opinion letter from the Vietnamese diplomatic mission in the country of residence (for individual first-time dissemination applicants);
e) One audio recording containing the work’s content.
4. Within ten working days from the date of receipt of complete and valid applications, the Department of Performing Arts shall organize an assessment and issue a permit. In cases where a permit is not issued, a written response with reasons must be provided.”
Article 2. Implementation clause
1. This Decree takes effect from May 1, 2016.
2. Abolish Article 25 of Decree No. 79/2012/NĐ-CP concerning the authority and procedures for issuing control labels for audio and video recordings of music and stage performances.
Article 3. Responsibility for Implementation
1. The Ministry of Culture, Sports and Tourism shall provide guidance on the implementation of this Decree.
2. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees under the central city, and related organizations and individuals are responsible for implementing this Decree./.
原始文件(PDF)
关系图
点击文件即可打开。红色边框=改变效力的关系。
译本
本文件提供以下语言版本: