Circular No. 17/2012/TT-BVHTTDL on exhibitions, contests, festivals, and the use of photographic works

CIRCULAR

Regulations on exhibitions, contests, festivals, and the use of photographic works

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Pursuant to the Law on Legislative Documents of 2008;

Based on the Intellectual Property Law 2005 and the Law Amending and Supplementing Certain Provisions of the Intellectual Property Law 2009;

Pursuant to Decree No. 103/2009/NĐ-CP dated November 6, 2009 of the Government promulgating the Rules on Cultural Activities and Public Cultural Service Business Operations;

Pursuant to Decree No. 185/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Culture, Sports and Tourism;

At the proposal of the Director of the Fine Arts, Photography and Exhibition Department;

The Minister of Culture, Sports and Tourism issues this Circular to regulate exhibitions, contests, festivals, and the use of photographic works.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular applies to the following activities:

1. Exhibiting photographic works in Vietnam and exporting photographic works from Vietnam for exhibition abroad.

2. Contests and festivals of photographic works in Vietnam and exporting photographic works from Vietnam for participation in contests and festivals abroad.

3. Using photographic works in press, publications, advertising products, transferring materials, or combining with other forms of art.

Article 2. Applicability

This Circular applies to organizations and individuals in Vietnam; foreign organizations and individuals legally operating in Vietnam.

In cases where international treaties to which the Socialist Republic of Vietnam is a member provide different provisions, such treaty provisions shall apply.

Article 3. Explanation of Terms

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

1. Photographic work is a work that reflects images of the objective world on photosensitive material or on media where images can be created or may be created by chemical, electronic, or other technical methods.

2. Transferring materials is the form of using a photographic work to express it in a different medium than the original medium.

3. Combining with other forms of art is the form of using part or all of a photographic work to create a product belonging to another form of art: fine arts, stage, cinema, and other forms.

4. Publishing and disseminating photographic works is the act of bringing photographic works to the public through exhibition, projection, uploading to the Internet, publication in press, publications, and other technical means affecting the visual sense.

Article 4. Prohibited acts in the activities of exhibiting, contesting, festivalizing, and using photographic works

1. Opposing the State of the Socialist Republic of Vietnam; undermining the unity of the entire people.

2. Propagating violence, aggressive war, inciting hatred among ethnic groups and peoples of countries; spreading reactionary thoughts, decadent lifestyles, criminal behaviors, social evils, superstitions, and customs contrary to social mores, harmful to health, and destructive to the ecological environment.

3. Disclosing secrets of the Party, State, military, security, economy, diplomacy; personal privacy, and other secrets prescribed by law.

4. Distorting history, denying revolutionary achievements, insulting great men, insulting the nation, slandering, defaming the reputation and prestige of organizations, and the dignity and personality of individuals.

5. Violating regulations on civilized living habits, security, public order, fire prevention, and other legal provisions.

6. Violating copyright and related rights to copyright concerning used photographic works.

7. Using photographic works that have been decided to cease circulation, prohibit circulation, recall, confiscate, destroy, or eliminate by competent state agencies.

Article 5. Provisions for certain related activities when organizing exhibitions, contests, and festivals of photographic works

Related activities when organizing exhibitions, contests, and festivals of photographic works such as advertising, press conferences, artistic performances, sports competitions, entertainment, and other activities must comply with legal provisions governing those activities.

Chapter II

PHOTOGRAPHIC WORK EXHIBITIONS

Section 1. PHOTOGRAPH EXHIBITIONS IN VIETNAM

Article 6. Conditions for Organizing Photography Exhibitions

1. Photographs participating in exhibitions must be consistent with the theme and content of the exhibition; they must have a legitimate origin, provenance, and lawful ownership or usage rights during the exhibition period.

2. The location for organizing the exhibition must be appropriate to the nature and scale of the exhibition; it must ensure order, security, social safety, traffic safety, and environmental hygiene; it must meet conditions for fire prevention and explosion protection; it must provide adequate display lighting space.

3. The owner of the exhibition venue may only organize photography exhibitions upon obtaining a permit from the competent state agency as stipulated in Article 7 of this Circular.

Article 7. Authority to Issue Exhibition Permit for Photography Works

1. The Department of Visual Arts, Photography, and Exhibitions under the Ministry of Culture, Sports, and Tourism shall issue permits for:

a) Photography exhibitions representing the country or multiple countries;

b) National-scale photography exhibitions;

c) Industry-wide photography exhibitions;

d) Photography exhibitions organized by foreign organizations in the name of representing a country or involving cooperation among multiple countries;

đ) Photography exhibitions organized by international organizations.

2. The Department of Culture, Sports, and Tourism shall issue permits for photography exhibitions not covered by Clause 1 of this Article.

Article 8. Procedures and Formalities for Issuing Exhibition Permit for Photography Works

1. Organizations and individuals organizing exhibitions shall submit directly or via postal service one set of application documents to the competent state agency as stipulated in Article 7 of this Circular.

Application documents include:

a) Application form for Exhibition Permit for Photography Works in Vietnam (Form No. 01);

b) List of photography works in Vietnamese (indicating the work number, title, author's name, material, size, quantity);

c) Sample images corresponding to those to be exhibited, including captions, printed on paper at least 10 x 15 cm or recorded on a CD (image file size 10 x 15 cm, resolution 300 dpi);

d) Copies of the following documents:

- Valid national identity card (for Vietnamese individuals);

- Valid passport (for foreign individuals and Vietnamese residing abroad);

In case of direct submission, original documents must be brought for verification; in case of submission via postal service, certified or notarized copies must be submitted.

đ) For nude photographs revealing identity, there must be a written agreement between the photographer and the subject regarding the content and scope of publication of the work.

2. Time limit for issuing permit:

Within seven working days from receipt of complete and valid application documents, the competent state agency must issue the Exhibition Permit for Photography Works (Form No. 02); if the permit is not issued, a written response must be provided with specific reasons.

If the competent state agency needs to establish an Evaluation Board before issuing the permit as stipulated in Clause 1 of Article 9 of this Circular, the permit issuance time may be extended but not exceeding ten working days.

3. Permit fees shall be implemented according to the regulations of the Ministry of Finance at the time of permit issuance.

4. After obtaining the permit, if there is any change in any of the contents recorded in the permit, the organization or individual organizing the exhibition must reapply for the permit.

Article 9. Photography Work Appraisal Board

1. The Photography Work Appraisal Board shall be established by the competent state agency as prescribed in Article 7 of this Circular for cases where it is necessary to appraise photography works before issuing permits.

2. Members of the Photography Work Appraisal Board are reputable individuals with high expertise in the field of photography activities and management. The minimum number of board members is five.

3. Principles of Operation of the Review Board:

a) The Appraisal Board shall operate when at least two-thirds of its members are present;

b) The Appraisal Board operates on the principle of democratic centralism, ensuring objectivity and fairness;

c) During the appraisal process, board members have the right to exchange opinions, discuss, and reserve their views, but must comply with the Appraisal Board's conclusions;

d) The Appraisal Board's conclusion must be recorded in a minutes document;

đ) Before receiving an official decision, notification, or consent from the agency that established the Appraisal Board, its members may not disclose the results of the appraisal;

4. Responsibilities and benefits of the Appraisal Board:

a) Responsibilities of the Appraisal Board:

- Advising on the evaluation of the quality, content, and artistic value of photography works;

- Being responsible to the agency that established the Appraisal Board for their evaluation opinions.

b) Benefits of the Appraisal Board:

The Appraisal Board receives remuneration and other material benefits according to current regulations, paid by the agency that established the Appraisal Board.

Section 2. EXPORTING PHOTOGRAPHY WORKS FROM VIETNAM TO ABROAD FOR EXHIBITION

Article 10. Authority to Issue Permits for Exporting Photography Works from Vietnam to Abroad for Exhibition

1. The Fine Arts, Photography, and Exhibition Department issues permits for activities involving exporting photography works representing the State of Vietnam to exhibitions abroad.

2. The Department of Culture, Sports, and Tourism issues permits for activities involving exporting photography works from Vietnam to exhibitions abroad, except as provided in Clause 1 of this Article.

Article 11. Procedures and Formalities for Issuing Permits for Exporting Photography Works from Vietnam to Abroad for Exhibition

1. Organizations and individuals submit directly or through postal service one set of application documents to the competent state agency as prescribed in Article 10 of this Circular.

Application documents include:

a) Application form for permit to export photographs from Vietnam to exhibitions abroad (Form No. 03);

b) List of photography works in Vietnamese (indicating the work number, title, author's name, material, size, quantity);

c) Sample images corresponding to those to be exhibited, including captions, printed on paper at least 10 x 15 cm or recorded on a CD (image file size 10 x 15 cm, resolution 300 dpi);

d) Invitation letters, notifications, agreements, or signed documents of foreign partners translated into Vietnamese;

đ) Copies of the following documents:

- Valid national identity card (for Vietnamese individuals);

- Valid passport (for foreign individuals and Vietnamese residing abroad);

In case of direct submission, original documents must be brought for verification; in case of submission via postal service, certified or notarized copies must be submitted.

e) For nude photography works revealing identity, there must also be an agreement between the photographer and the subject regarding the content and scope of publication of the work.

2. Time limit for issuing permit:

Within seven working days from receipt of complete and valid documents, the competent state agency must issue a permit for exporting photography works from Vietnam to exhibitions abroad (Form No. 04); if the permit is not issued, a written response must be given, stating the reasons.

If the competent state agency needs to establish an Appraisal Board before issuing the permit, the permit issuance period may be extended but not more than ten working days.

3. Permit fees shall be implemented according to the regulations of the Ministry of Finance at the time of permit issuance.

4. The permit for exporting photography works from Vietnam to exhibitions abroad serves as the basis for customs procedures.

5. After obtaining the permit, if there is any change in any of the contents recorded in the permit, organizations and individuals exporting photography works from Vietnam to exhibitions abroad must reapply for the permit.

6. In cases where the competent state agency establishes a Photography Work Appraisal Board before issuing the permit, the criteria for board members, principles of operation, responsibilities, and benefits of the Appraisal Board shall be implemented in accordance with Clauses 2, 3, and 4 of Article 9 of this Circular.

PHOTOGRAPHY WORK CONTESTS AND FESTIVALS

Chapter III

CONTESTS AND PHOTO EXHIBITIONS

Section 1. CONTESTS AND PHOTO EXHIBITIONS IN VIETNAM

Article 12. Competent Authority for Receiving Applications to Organize Contests and Photo Exhibitions

1. The Department of Fine Arts, Photography and Exhibition shall receive applications for organizing:

a) International photo contests and exhibitions held in Vietnam;

b) National-scale photo contests and exhibitions;

c) Industry-wide photo contests and exhibitions;

d) Photo contests and exhibitions organized by foreign organizations representing a country or involving cooperation among multiple countries;

đ) Photo contests and exhibitions organized by international organizations.

2. The Department of Culture, Sports and Tourism shall receive applications for photo contests and exhibitions not covered under Clause 1 of this Article.

Article 13. Procedures and Formalities for Registering to Organize Contests and Photo Exhibitions

1. The organization proposing to organize a photo contest or exhibition shall submit directly or via postal service one set of registration documents to the competent authority as stipulated in Article 12 of this Circular.

The registration documents include:

a) A request to organize a photo contest or exhibition in Vietnam (Form No. 05);

b) Rules of the contest or detailed program content of the exhibition, specifying the organizing body, cooperating bodies, organizing committee, purpose, date, location, content, participants, participation conditions, and prizes (if any);

c) A list of proposed judges including at least two-thirds members who are reputable photographers with high professional qualifications.

2. Timeframe for Processing:

Within seven working days from the receipt of complete and valid documents, the competent authority must issue a response letter (Form No. 06).

3. After obtaining approval from the competent authority, if there is any change in the registered contents, the organization proposing the contest or exhibition must reapply for registration.

Section 2. EXPORTING PHOTOGRAPHS FROM VIETNAM TO PARTICIPATE IN CONTESTS AND EXHIBITIONS ABROAD

Article 14. Competent Authority for Receiving Notifications on Exporting Photographs from Vietnam to Participate in Contests and Exhibitions Abroad

1. The Department of Fine Arts, Photography and Exhibition shall receive notifications in writing or via electronic information networks from organizations or individuals (Form No. 07) regarding the export of photographs representing Vietnam to participate in contests and exhibitions abroad.

2. The Department of Culture, Sports and Tourism shall receive notifications in writing or via electronic information networks from organizations or individuals exporting photographs from Vietnam to participate in contests and exhibitions abroad, except those covered under Clause 1 of this Article.

Article 15. Procedures for Receiving Notifications on Exporting Photographs from Vietnam to Participate in Contests and Exhibitions Abroad

1. Organizations or individuals exporting photographs from Vietnam to participate in contests and exhibitions abroad shall send notifications in writing or via electronic information networks to the competent authority before the deadline for submitting entries.

2. Within seven working days from the date of receiving the notification, the competent authority as stipulated in Article 14 of this Circular shall respond with confirmation in writing or via electronic information network (Form No. 08).

Article 16. Announcing the results of competitions and festivals

Organizations and individuals who win awards at competitions and festivals shall report the results in writing to the competent state agency that has received the notification along with a copy of the award certificate for the purpose of considering commendation.

Chapter IV

USE OF PHOTOGRAPHIC WORKS IN THE PRESS, PUBLICATIONS, ADVERTISING PRODUCTS, FOR TRANSFER OF MATERIAL OR COMBINATION WITH OTHER ART FORMS

Article 17. Regulations on the use of photographic works in the press, publications, advertising products, for transfer of material or combination with other art forms

1. The use of photographic works in the press, publications, advertising products, for transfer of material or combination with other art forms shall be regulated as follows:

a) For unpublished photographic works or those that have been published but are still within the protection period (fifty years from the first publication of the photographic work), organizations and individuals using the photographic works must obtain permission and agree on material benefits for the author or copyright owner of the photographic work.

b) For photographic works that have been published and whose protection period has expired, organizations and individuals using the photographic works do not need to obtain permission and do not need to pay material benefits, but they must clearly indicate the name of the author or the copyright owner or the origin of the photographic work.

2. The use of foreign photographic works in the press, publications, advertising products, for transfer of material or combination with other art forms shall be carried out in accordance with the provisions of international treaties to which the Socialist Republic of Vietnam is a member.

Article 18. Contracts for the use of photographic works

1. The use of photographic works in the press, publications, advertising products, for transfer of material or combination with other art forms as stipulated in point a, Clause 1, Article 17 of this Circular must be established in a contract between the organization or individual using the photographic work and the author or copyright owner of the photographic work.

The contract for the use of photographic works includes the following main contents:

a) Name and address of the author or copyright owner of the photographic work and of the individual or authorized representative of the organization using the photographic work;

b) Purpose and scope of use of the photograph;

c) Rights and obligations of the author or copyright owner of the photographic work; rights and obligations of the organization or individual using the photographic work (including moral rights and material rights);

d) Liability for breach of contract.

2. The implementation, amendment, termination, or cancellation of contracts for the use of photographic works shall be applied according to the provisions of civil transaction laws.

Article 19. Responsibilities of organizations and individuals using photographic works

1. Organizations and individuals using photographic works in the press, publications, advertising products, for transfer of material or combination with other art forms shall have the responsibility to:

a) Comply with the regulations on the use of photographic works as stipulated in Article 17 of this Circular.

b) Clearly indicate the name of the author, or the copyright owner, or the source of the photographic work used.

Chapter V

IMPLEMENTATION

Article 20. Effective Date

1. This Circular takes effect from February 10, 2013.

2. From the date this Circular takes effect, the relevant provisions in the following documents shall cease to be effective:

a) Decision No. 29/2000/QĐ-BVHTT dated November 20, 2000 of the Minister of Culture and Information promulgating the Regulations on Photography Activities;

b) Decision No. 63/2006/QĐ-BVHTT dated August 2, 2006 of the Minister of Culture and Information promulgating the Regulations on the Use of Photographs in Artwork Creation and Publication Covers;

c) Clause 2, Section III, Article 2 of Circular No. 07/2011/TT-BVHTTDL dated June 7, 2011 of the Ministry of Culture, Sports and Tourism amending, supplementing, replacing, or abolishing relevant administrative procedures within the management functions of the Ministry of Culture, Sports and Tourism.

3. Attached to this Circular are Forms No. 01 to No. 09 including:

a) Form No. 01: Application for Exhibition Permit of Photographic Works in Vietnam;

b) Form No. 02: Exhibition Permit of Photographic Works in Vietnam;

c) Form No. 03: Application for Export Permit of Photographic Works from Vietnam for Overseas Exhibitions;

d) Form No. 04: Export Permit of Photographic Works from Vietnam for Overseas Exhibitions;

đ) Form No. 05: Application for Organizing Competitions and Festivals of Photographic Works in Vietnam;

e) Form No. 06: Reply Letter Regarding the Application for Organizing Competitions and Festivals of Photographic Works in Vietnam;

g) Form No. 07: Notification of Exporting Photographs from Vietnam for Overseas Competitions and Festivals;

h) Form No. 08: Reply Letter to Notification of Exporting Photographs from Vietnam for Overseas Competitions and Festivals;

i) Form No. 09: Receipt of Application.

Article 21. Responsibility for Implementation

1. The Fine Arts, Photography, and Exhibition Department shall be responsible for organizing the implementation and supervising the implementation of this Circular.

2. Provincial Departments of Culture, Sports, and Tourism under the Central Government shall be responsible for organizing the implementation of this Circular.

3. In the course of implementation, if any difficulties arise, organizations and individuals are requested to promptly reflect them to the Ministry of Culture, Sports, and Tourism for research and amendment./.