Circular No. 18/2013/TT-BVHTTDL detailing the implementation of certain provisions of Government Decree No. 113/2013/NĐ-CP dated October 2, 2013 on fine arts activities

CIRCULAR

Detailed regulations on implementation of certain articles in Decree No. 113/2013/NĐ-CP dated October 2, 2013 of the Government on fine arts activities.

October 2013 of the government on visual arts activities

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Pursuant to the Law on Legislative Documents 2008 and Decree No. 24/2009/NĐ-CP dated March 5, 2009 of the Government detailing and providing measures for the implementation of the Law on Legislative Documents;

Pursuant to Decree No. 76/2013/NĐ-CP dated July 16, 2013, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Culture, Sports and Tourism;

Pursuant to Decree No. 113/2013/NĐ-CP dated October 2, 2013 of the Government on fine art activities;

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

The Minister of Culture, Sports and Tourism issues this Circular detailing the implementation of certain provisions in Decree No. 113/2013/NĐ-CP dated October 2, 2013 of the Government on fine arts activities (hereinafter referred to as Decree No. 113/2013/NĐ-CP).

Article 1. Scope of Regulation

This Circular details the implementation of Articles 9, 11, 12, 26, 29, 30, 31 and related provisions in Decree No. 113/2013/NĐ-CP dated October 2, 2013 of the Government on fine arts activities.

Article 2. Interpretation of Terms

Some terms defined in Decree No. 113/2013/NĐ-CP and in this Circular shall be understood as follows:

1. Other contemporary art forms include: video art; video installation; light installation; body painting (body art); performance art.

2. Monuments and large-scale paintings include: monuments (including religious statues built outdoors in public places), bas-reliefs, symbolic structures, large-scale paintings made from various materials.

3. National-level fine arts creation competition and exhibition refers to competitions and exhibitions organized or co-organized by central ministries, sectors, or mass organizations with participation from more than 50% of provinces and centrally-administered cities and involvement of both domestic and foreign organizations and individuals.

4. Regional-level fine arts creation competition and exhibition refers to competitions and exhibitions organized or co-organized by central ministries, sectors, or provincial People's Committees and centrally-administered city People's Committees with participation from at least two provinces or centrally-administered cities and involvement of both domestic and foreign organizations and individuals.

5. Provincial-level fine arts creation competition and exhibition refers to competitions and exhibitions organized by agencies or organizations under provincial People's Committees and centrally-administered city People's Committees with participation of both domestic and foreign organizations and individuals.

6. Copy of a fine art work refers to a full copy of a fine arts work, larger or smaller in size than the original work, bearing all information on the back: author's name, work title, material, year of creation of the original work, copier's name; for copies of fine arts works about leaders, cultural figures, national heroes, the number and date of the copying permit must also be recorded.

Article 3. Subjects organizing fine arts creation competitions

The subjects organizing fine arts creation competitions as stipulated in Clause 1, Article 9 of Decree No. 113/2013/NĐ-CP include:

1. Ministries (Ministries, ministerial-level agencies, government agencies);

2. Political-social organizations, political-social-professional organizations, social organizations, social-professional organizations;

3. Provincial People's Committees and their subordinate agencies and units;

4. Cultural Houses; Cultural and Sports Centers;

5. Enterprises with functions in the fine arts and cultural and artistic fields;

6. Literature and Art Associations; cultural arts training institutions;

7. Press agencies;

8. Organizations and individuals displaying, buying, and selling fine arts works;

9. Other organizations and individuals engaged in fine arts and cultural arts activities according to the law.

Article 4. Notification of Organizing Artwork Composition Contests

1. The notification in writing regarding the organization of artwork composition contests as stipulated in Clause 1, Article 11 of Decree No. 113/2013/ND-CP shall be implemented according to the following provisions:

a) Organizations and individuals in Vietnam that wish to organize national or regional-scale artwork composition contests must submit a written notification and notification dossier as prescribed in Clause 2, Article 11 of Decree No. 113/2013/ND-CP to the Ministry of Culture, Sports and Tourism (Department of Fine Arts, Photography and Exhibitions).

b) Agencies and organizations that wish to organize provincial-scale artwork composition contests, or individuals and groups of individuals wishing to organize such contests locally must submit a written notification and notification dossier as prescribed in Clause 2, Article 11 of Decree No. 113/2013/ND-CP to the Department of Culture, Sports and Tourism.

c) The content of the notification must clearly state: the name of the contest, location, and time of the artwork composition contest.

In cases where cooperation with foreign organizations and individuals or international organizations is involved in organizing artwork composition in Vietnam, the notification must clearly state the name, address, and phone number of the cooperating foreign organizations and individuals or international organizations.

2. The project for organizing and rules of the contest as stipulated at Point a, Clause 2, Article 11 of Decree No. 113/2013/ND-CP shall include the following main contents:

a) Project for organizing the contest:

- Name or theme of the contest;

- Purpose and significance of the contest;

- Prize structure, prize value (if there are prizes).

- Responsibilities and benefits of the organizing organizations or individuals and contestants;

- Composition of the Steering Committee (if any), Organizing Committee, Art Council or Judging Panel;

- Source of funds for organizing the contest;

- Sample registration form for participation in the contest.

b) The rules of the contest must clearly specify the participants, conditions, criteria, content, procedures, time, and location of the contest.

Article 5. Responsibility for Reporting Contest Results

The responsibility for reporting the results of artwork composition contests as stipulated in Clause 2, Article 12 of Decree No. 113/2013/ND-CP shall be implemented according to the following provisions:

1. Within thirty days from the end date of the artwork composition contest, the organization or individual organizing the contest must submit a written report on the contest results to the Ministry of Culture, Sports and Tourism (Department of Fine Arts, Photography and Exhibitions) for national or regional-scale contests or contests involving cooperation with foreign organizations and individuals or international organizations; to the Department of Culture, Sports and Tourism for provincial-scale contests and contests organized by individuals or groups of individuals locally.

2. The report on the contest results must clearly state the participating organizations and individuals; the number of participants; the number of entries and award results (if applicable).

Article 6. Organization of Monument Sketch and Grand Painting Composition Contests

1. For monument and grand painting projects as stipulated in Clause 4, Article 12 of Decree No. 113/2013/ND-CP, Ho Chi Minh Monument projects must organize monument sketch and grand painting composition contests.

For other monument and grand painting projects designated for author composition sketches or organized composition contests.

2. The investor of monument and grand painting projects organizing monument sketch and grand painting composition contests shall have the following responsibilities:

a) To develop a project for organizing and contest rules to be submitted to the competent authority for investment approval. The content of the project and contest rules shall comply with the provisions of Clause 2 of this Circular and the following regulations:

- The project and contest rules must clearly define the tasks, rights, responsibilities of the contest participants, and the investment funds for the first and second stages of creation.

- The contest rules must specify:

+ Overall spatial planning, scale, materials;

+ Artistic form: Monument layout, auxiliary blocks, bas-reliefs, grand paintings, and other components;

+ Specific requirements for the first and second stage composition sketches: Number of sketches submitted by each participant or group of participants; size, materials, preliminary design drawings, and perspectives;

+ Criteria for content and artistic form serving as the basis for participants to create and for the Art Council to select.

- To propose members of the Art Council to be decided by the competent authority for investment to establish the Art Council in accordance with Article 23 of Decree No. 113/2013/ND-CP.

b) To implement procedures for notifying the organization of monument sketch and grand painting composition contests as stipulated in Article 11 of Decree No. 113/2013/ND-CP;

c) To organize the monument sketch and grand painting composition contest strictly in accordance with the approved project;

d) To organize the collection and preservation of submitted sketches;

đ) To organize the selection process of sketches by the Art Council;

e) To organize the solicitation of opinions from scientists, researchers, management agencies, and the public through exhibitions and scientific seminars.

Article 7. Establishment of the Monument and Grand Painting Art Council

The procedure for soliciting prior agreement before establishing the Art Council as stipulated in Point k Clause 1 Article 23 Decree No. 113/2013/ND-CP shall be implemented as follows:

1. Prior to deciding on the establishment of the Art Council, the competent authority responsible for investment must send a document soliciting agreement on the list of Art Council members to the Ministry of Culture, Sports and Tourism (Fine Arts, Photography and Exhibition Department).

2. The document soliciting agreement must clearly state the content, scale, material of the monument and grand painting works; the list of proposed members of the Art Council; the professional qualifications and artistic achievements in the field of fine arts and architecture of the members who are sculptors, painters, and architects.

3. Based on the content, scale, material of the monument and grand painting works, professional qualifications, reputation, and artistic achievements in the field of fine arts and architecture of the members listed in the proposed Art Council, the Ministry of Culture, Sports and Tourism will respond in writing regarding the list of Art Council members. In cases where the proposed members do not meet the requirements for professional qualifications, reputation, and artistic achievements in the field of fine arts and architecture, the Ministry of Culture, Sports and Tourism will introduce substitute candidates.

The competent authority responsible for investment must implement the written opinion of the Ministry of Culture, Sports and Tourism regarding the list of Art Council members.

Article 8. Preparation of Budget Estimates and Review of Budget Estimates for Creative and Construction Costs

The preparation of budget estimates and review of budget estimates for creative and construction costs shall be carried out in accordance with Article 26 of Decree No. 113/2013/ND-CP and the following provisions:

1. The budget estimate for creative and construction costs of monument and grand painting works shall be prepared according to the comprehensive table and industry standards issued by the Ministry of Culture, Sports and Tourism and other relevant regulations and guidelines.

2. Review of budget estimates for creative and construction costs of monument and grand painting works:

a) Basis for preparation and review of the budget:

- According to the approved sketch layout;

- According to the scale and material of the memorial statue and grand painting;

- According to industry standards and other relevant regulations;

- For items without national standards, the project owner is responsible for developing specific standards for review purposes.

b) Preparation and review of the budget:

- Consulting organizations or authors authorized by the project owner prepare the budget estimate.

- The project owner organizes the review and approves the budget estimate; if the project owner lacks the capacity to organize the review, they may hire consultants to conduct the review. The cost of the review shall be implemented in accordance with laws on investment and construction.

- The project owner or the organization hired to review the budget estimate establishes a Review Board to review the budget estimate. The Review Board must have one-third of its members as experienced sculptors and painters involved in building monuments, and two-thirds as financial, economic, and construction experts holding professional valuation certificates.

- Documents for the budget review include:

+ The art budget with the confirmation of the investor;

+ A confirmation document from the project owner regarding the volume and size of the monument and grand painting works;

+ Four approved draft sketches at the second stage, each measuring 18x24 cm and photographed from four angles (front, right side, left side, back);

+ Copies of relevant documents related to the investment construction project of memorial statues and grand paintings.

- Content of the budget review:

Review labor costs and material costs according to industry standards issued by the Ministry of Culture, Sports and Tourism; transportation, installation costs, and other costs according to state and industry regulations.

For costs without established standards, market prices prevailing at the time of review shall be applied.

- The review period shall be determined by the project owner or agreed upon between the project owner and the organization hired for consulting review, but shall not exceed twenty days from the start of the review.

- Organizations and individuals reviewing the art budget shall bear responsibility before the investor and the law for the results of their review.

Article 9. Supervision and Direction of Monument Sculptures and Grand Paintings

1. The sculptor's experience in constructing monuments and grand paintings as stipulated in Point a Clause 1 Article 29 Decree No. 113/2013/ND-CP is participating in building at least two monument and grand painting projects achieving quality class A.

2. The artisan supervising the construction implementation of materials as stipulated in Point b Clause 1 Article 29 Decree No. 113/2013/ND-CP must be an artisan from the ceramic, stone carving, metal forging, casting, pressing industry who has been conferred the title of People's Artisan, Excellent Artisan, or has been conferred the title of Artisan by competent state authorities.

Article 10. Construction and Acceptance, Handover of Monument Sculptures and Grand Paintings

1. The construction of monument sculptures and grand paintings as prescribed in Clause 1 Article 30 Decree No. 113/2013/ND-CP shall be carried out according to the following regulations:

a) The construction unit bases on the approved sketch model to conduct a full-scale 1/1 model on clay material;

b) The full-scale 1/1 model must ensure the load-bearing frame, shaping frame, and fully express the theme and form of the sketch model;

c) The full-scale 1/1 model must be inspected by the Art Council before deciding to make molds, create models, and construct materials;

d) The completed work must accurately reflect the full-scale 1/1 model and must be inspected by the Art Council before deciding to assemble and install;

đ) The construction unit shall carry out the assembly and installation of monuments and grand paintings at the site according to the approved design, ensuring harmony between the pedestal, base, statue, relief sculpture, and the environmental landscape of the construction location (lighting, greenery, open space, fence);

2. The acceptance of monument sculptures and grand paintings as prescribed in Clause 2 Article 30 Decree No. 113/2013/ND-CP shall be carried out according to the following regulations:

a) Participants in the acceptance:

The authority with investment decision-making power or the investor decides to establish an Acceptance Committee for the project. The participants in the Acceptance Committee include:

- Representatives of the competent authority deciding on investment or representatives of the investor;

- The construction supervision unit;

- The Art Council;

- The author or group of authors.

b) The content of the acceptance is implemented based on the following grounds:

- The project proposal approved by the competent authority;

- Minutes of meetings for comments by the Art Council;

- Sketches approved by the investor;

- Minutes of the Art Council's inspection of the artistic construction steps.

c) Acceptance process:

- The Acceptance Committee evaluates the quality of each construction component and artistic component;

- The Acceptance Committee convenes a discussion and votes by secret ballot, with at least 2/3 of the votes agreeing, then the acceptance is passed. The acceptance conclusion must be recorded in a protocol signed by the members attending the acceptance meeting;

d) Parts and components of monument sculptures and grand paintings that have been completed may only be put into use after being accepted according to the regulations;

đ) Criteria for evaluating the artistic quality of the project:

- Class A: Components of the project achieving high artistic quality, harmonious with the spatial, architectural, and environmental landscape, meeting the content requirements of the project;

- Class B: Components of the project achieving average artistic quality;

3. The handover of monuments and grand paintings as prescribed in Clause 2 Article 30 Decree No. 113/2013/ND-CP shall be carried out in accordance with the laws on investment and construction.

Article 11. Warranty, preservation, and management of monument works, grand paintings, and outdoor sculpture camp artworks

1. The warranty period for monument works and grand paintings as stipulated in Point b Clause 1 Article 31 Decree No. 113/2013/NĐ-CP is eighteen months.

The contractor responsible for the artistic construction work shall deposit the warranty money into the account of the project owner at a rate of five percent of the value of the artistic construction contract and shall be refunded the warranty money for the work by the project owner after the warranty period has ended and upon confirmation by the project owner that the warranty work has been completed.

2. The preservation and regular maintenance period for monument works, grand paintings, and outdoor sculpture camp artworks as stipulated in Clause 2 Article 31 and Clause 2 Article 39 Decree No. 113/2013/NĐ-CP is six months for artworks made of bronze or other metals, and one year for artworks made of stone, concrete, and other materials.

The agencies or organizations owning or entrusted with the management of monument works, grand paintings, and outdoor sculpture camp artworks shall be responsible for organizing the protection, exploitation, and enhancement of the effective use value, ideological significance, and artistic value of monument works, grand paintings, and outdoor sculpture camp artworks.

Article 12. Effectiveness and Responsibility for Implementation

This Circular takes effect from February 18, 2014.

2. The Department of Fine Arts, Photography, and Exhibitions shall be responsible for implementing this Circular and coordinating inspections and checks on its implementation.

3. Departments of Culture, Sports and Tourism of provinces and centrally-administered cities are responsible for implementing this Circular.

4. In the course of implementation, if any difficulties arise, organizations and individuals are requested to promptly report them to the Ministry of Culture, Sports and Tourism for study, amendment, and supplementation.