Decree No. 185/2007/ND-CP on the functions, tasks, powers, and organizational structure of the Ministry of Culture, Sports and Tourism

DECREE

Regulations on the functions, tasks, powers, and organizational structure of the Ministry of Culture, Sports and Tourism

_________________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to Decree No. 178/2007/NĐ-CP dated December 3, 2007, of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Considering the proposal of the Minister of Culture, Sports and Tourism and the Minister of Interior,

DECREE:

Article 1. Position and Functions

The Ministry of Culture, Sports and Tourism is an agency of the Government, performing the function of state management over culture, family, physical education, sports, and tourism throughout the country; managing state services in the fields of culture, family, physical education, sports, and tourism according to the provisions of the law.

Article 2. Tasks and Powers

The Ministry of Culture, Sports and Tourism performs tasks and powers as prescribed in Decree No. 178/2007/NĐ-CP dated December 3, 2007, of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies, and the following specific tasks and powers:

1. Submitting to the Government draft laws, ordinances, draft resolutions of the National Assembly, the Standing Committee of the National Assembly; draft resolutions, decrees of the Government according to the legislative program and plan of the Ministry that has been approved and other projects as assigned by the Government.

2. Submitting to the Prime Minister strategies, plans for long-term, five-year, and annual development; national target programs, action programs, and important national projects; draft decisions and directives of the Prime Minister regarding cultural, family, physical education, sports, and tourism sectors.

3. Submitting to the Prime Minister national awards and honors in the fields of culture, family, physical education, sports, and tourism; deciding on the establishment of National Councils in the fields of culture, family, physical education, sports, and tourism..

4. Issuing decisions, directives, circulars within the scope of state management of the Ministry.

5. Directing, guiding, inspecting, and being responsible for implementing normative legal documents, strategies, plans, programs already approved within the scope of state management of the Ministry; propagating, disseminating, and educating the law in the fields of state management of the Ministry.

6. Regarding cultural heritage:

a) Submitting to the Prime Minister for decision:

- Planning for the protection and enhancement of cultural heritage value; organizing and guiding implementation after approval;

- Establishing national museums and specialized museums;

- Ranking and adjusting the protected area for special national relics;

- Proposing the United Nations Educational, Scientific and Cultural Organization (UNESCO) to recognize outstanding cultural and natural heritages of Vietnam as World Heritage;

- Measures for handling tangible cultural heritage assets, including historical-cultural sites, scenic spots, artifacts, antiques, national treasures, except where otherwise provided by law; - Permitting the export of national treasures abroad.

b) Deciding within its authority:

- Ranking national relics and first-class museums; adjusting the protected area for national relics; transferring artifacts, antiques, and national treasures to state museums with relevant functions as prescribed by law;

- Approving planning for the preservation, restoration, and recovery of national relics and special national relics according to the law; approving or agreeing on construction projects in the second protected zone of national relics and special national relics;

Reviewing planning for the preservation, restoration, and recovery of national relics and special national relics; projects for renovation and construction of facilities outside the protected zones of national relics and special national relics which may have adverse effects on the relics according to the law;

- Issuing permits for archaeological exploration and excavation; exporting artifacts, antiques, and copies of national treasures from national and specialized museums; managing permits for overseas Vietnamese residents, organizations, and individuals to research and collect intangible cultural heritage in Vietnam.

c) Guiding activities for the protection and enhancement of cultural heritage value, traditional festivals, beliefs associated with relics and historical figures.

d) Taking the lead and coordinating with related agencies and organizations to mobilize, manage, and utilize resources for the protection and enhancement of cultural heritage value.

đ) Recognizing and awarding honors to artisans who have contributed to preserving, performing, and teaching intangible cultural heritage.

a) Guiding and organizing the implementation of planning for state-owned units in performing arts after approval by the Prime Minister;

7. Regarding performing arts:

b) Issuing regulations on professional artistic performance activities; regulations on organizing national and international art performance festivals;

c) Issuing regulations on organizing beauty pageants, fashion model shows, karaoke, and dance clubs;

d) Guiding the issuance of professional performance licenses and permits;

đ) Specifying the review, issuance of permits, programs, items, and plays for Vietnamese organizations and individuals performing abroad and foreign organizations and individuals performing in Vietnam;

Issuing regulations on the management of music CD and DVD production and distribution.

e) a) Guiding and organizing the implementation of planning for state-owned units in cinematography after approval by the Prime Minister;

8. Regarding cinema:

b) Specifying the organization of national and international film festivals and foreign film days in Vietnam and Vietnamese film days abroad;

c) Managing circulating films and archiving domestic and foreign film materials and images;

d) Specifying the issuance of film distribution permits.

a) Guiding and organizing the implementation of planning for national monuments and large-scale paintings after approval by the Prime Minister;

9. Regarding fine arts, photography, and exhibitions:

b) Issuing regulations on fine arts, photography, exhibitions, installation art, video art performances, and organizing international sculpture workshops in Vietnam;

c) Specifying the organization and directly organizing exhibitions and exhibitions

of fine arts and photography works at a national and international scale; d) Establishing specialized committees to review art and project budgets for fine arts projects according to regulations.

d) Establish the specialized council to review art and construction cost estimates for artistic works in accordance with the regulations.

10. On copyright and related rights for literary and artistic works:

a) Guide the implementation of regulations on remuneration regarding copyright and related rights of authors and owners of literary and artistic works;

b) Direct and organize the implementation of legal provisions concerning copyright and related rights for literary and artistic works;

c) Protect the lawful rights and interests of the State, organizations, and individuals in the field of copyright and related rights for literary and artistic works;

d) Specify the provision of services, cooperation, commissioning, use, and ensuring copyright for works and related rights for performances, sound recordings, audiovisual recordings, and broadcasting programs;

đ) Guide business practices to protect copyright for literary and artistic works and related rights for industries, localities, enterprises, social organizations, and citizens;

11. Regarding libraries:

a) Guide and organize the implementation of library network planning after approval by the Prime Minister;

b) Specify the cooperation and exchange of books, newspapers, and materials with foreign countries and the interconnection of books, newspapers, and materials among libraries;

c) Specify conditions for establishing libraries and guide their operations;

12. On advertising:

Uniformly manage state advertising activities, with the following responsibilities and authorities:

a) Issue, amend, supplement, and revoke permits for branches of foreign organizations and individuals engaged in advertising services;

b) Inspect, check, and handle violations of laws by agencies, organizations, and individuals involved in advertising on various media (excluding press, computer networks, and publications), and perform other tasks and authorities as prescribed by law;

c) Take the lead and coordinate with the Ministry of Information and Communications to issue joint circulars specifying procedures for issuing advertising permits, inspection, checking, and handling violations of laws in the field of advertising on press, computer networks, and publications;

13. Regarding mass culture, ethnic culture, and propaganda:

a) Guide and organize the implementation of formal state protocols regarding the reception of international guests, commemorative ceremonies, funerals, and other rituals according to the assignment of the Government;

b) Guide and organize the implementation of cultural facility planning after approval by the Prime Minister;

c) Develop and promulgate policies on the preservation, promotion, and development of intangible cultural values of ethnic communities in Vietnam;

d) Direct, organize the implementation, and supervise the execution of ethnic cultural policies;

đ) Issue Regulations on organizing folk music festivals, cultural activities, and public cultural services;

e) Issue Regulations, guide, and direct the nationwide movement of all people uniting to build a civilized lifestyle, cultural propaganda dissemination at the grassroots level, and organize festivals;

14. On family:

a) Lead and coordinate with relevant ministries and sectors to guide the implementation of legal provisions on ensuring equality and preventing violence within families;

b) Lead and coordinate with relevant ministries and sectors to develop and implement the content of civilized families;

c) Organize and guide the collection and storage of information about families; direct, summarize practical experience, and replicate models of civilized families;

d) Promote traditional Vietnamese family ethics, lifestyles, and behavior patterns;

15. On physical education and sports for all:

a) Guide and organize the implementation of strategies, plans, and national programs for the development of physical education and sports after approval by the Prime Minister;

b) Organize and direct the construction of a team of physical education and sports instructors and volunteers; promote and guide methods of physical exercise and sports training, and provide professional and vocational training for grassroots-level physical education and sports volunteers;

c) Lead and coordinate with sectors and localities to conduct surveys on the physical condition of the population; guide, apply, and develop traditional sports disciplines and health improvement methods both domestically and internationally;

d) Direct the organization of national-level mass sports competitions;

đ) Coordinate with the Ministry of Education and Training, the Ministry of National Defense, and the Ministry of Public Security to guide and organize the implementation of physical education and sports in schools and armed forces;

e) Guide and register the activities of sports clubs and grassroots-level physical education and sports facilities;

16. On high-performance sports and professional sports:

a) Present to the Prime Minister for permission to organize national sports congresses, regional, continental, and world sports congresses; championships in each sport regionally, continentally, and globally held in Vietnam;

b) Guide and organize the implementation of strategies and plans for the development of high-performance sports and the orientation for the development of professional sports after approval by the Prime Minister;

c) Guide and organize the implementation of regulations on the system of benefits and policies for athletes, coaches, and referees in sports; specify detailed ownership rights for high-performance sports and professional sports championships after approval by the Prime Minister;

d) Approve the organization of annual national championships and youth championships in each sport; approve the charter of the national sports congress;

đ) Issue standards and guidelines for grading athletes, coaches, and referees in sports; recognize the grading of international sports organizations for Vietnamese athletes, coaches, and referees according to the law;

e) Issue Regulations on selecting athletes for national sports teams; specify the procedures and formalities for establishing national sports delegations and national sports teams in each discipline;

g) Guide the development of training and coaching programs for athletes, coaches, and referees in sports;

h) Guide and register the activities of professional sports training facilities;

17. On tourism resources and tourism planning:

a) Guide and organize the implementation of comprehensive planning for the development of the tourism industry, key tourism areas, and national tourist zones after approval by the Prime Minister;

b) Issue Regulations on surveying, evaluating, and classifying tourism resources;

c) Chair and coordinate with relevant ministries, sectors, and provincial/municipal people's committees to organize investigations, evaluations, and classifications of tourism resources; issue regulations on the protection, restoration, development, exploitation, and utilization of tourism resources and the tourism environment within tourist areas and sites.

18. Regarding tourist areas, tourist sites, tourist routes, and tourism cities:

a) Submit to the Prime Minister for recognition of national tourist areas, national tourist sites, and national tourist routes;

b) Organize (publicly announce) national tourist areas, national tourist sites, national tourist routes, and tourism cities after the Prime Minister issues a decision recognizing them; c) Guide and inspect the classification and recognition of local tourist areas, tourist sites, and tourist routes;

d) Coordinate with the Ministry of Construction to review the files for the recognition of tourism cities submitted by provincial/municipal people's committees;

đ) Issue Management Regulations for tourist areas located within administrative boundaries of two or more provinces or centrally governed municipalities;

19. Regarding tour guide services:

Issue provisions on conditions, procedures, and documentation for issuing, changing, reissuing, and revoking tour guide cards and certificates for tour guides; uniformly manage the issuance of tour guide cards and certificates for tour guides throughout the country according to the law;

20. Regarding tourism business operations:

a) Issue guiding documents for implementing laws on travel agency operations, tourist accommodation, tourism development businesses, tourist sites, and other tourism services;

b) Establish criteria for classifying and ranking tourist accommodations; decide on the classification and ranking of tourist accommodations rated three stars or higher;

c) Coordinate with the Ministry of Transport to provide guidance on tourist transportation;

On tourism promotion and cultural exchange:

21. a) Guide and organize the establishment and operation of overseas Vietnam Tourism Promotion Offices and foreign national tourism promotion offices in Vietnam;

b) Chair and coordinate with relevant ministries and sectors to develop and implement national tourism promotion strategies, plans, and programs; chair and coordinate with provincial/municipal people's committees to carry out domestic and international tourism promotion activities; coordinate regional and inter-local tourism promotion activities;

c) Develop and guide the use, exploitation, and management of the national tourism database;

d organize the implementation of the construction of promotional products, advertising campaigns, programs, events, trade fairs, seminars, exhibitions, and cultural, sports, and tourism activities at the national, regional, and international levels.

22. Approve and organize the implementation of investment projects within the scope of authority in the fields of culture, family affairs, physical education, sports, and tourism.

23. Permit foreign organizations and individuals to organize cultural, physical education, sports, and tourism activities in Vietnam; permit the export and import of cultural goods according to the law.

23. 24. Decide and organize the implementation of preventive measures, blocking, and handling of superstitious, outdated customs, pornographic cultural goods, and violations of the law in the fields of culture, physical education, sports, and tourism.

25. Submit to the Government and the Prime Minister for negotiation, signing, accession, and approval of international treaties on culture, family affairs, physical education, sports, and tourism; organize the implementation of international treaties, participate in international organizations according to the division of labor by the Government and the Prime Minister; implement international cooperation; organize the implementation and monitor the implementation of international aid programs in the fields of culture, family affairs, physical education, sports, and tourism; permit the organization of international conferences and seminars related to the fields of culture, family affairs, physical education, and sports according to the law.

26. Organize and direct the implementation of scientific research applying advanced science and technology and environmental protection in the fields of culture, physical education, sports, and tourism according to the law.

27. Issue professional and vocational standards for civil servants in the sectors and fields under the management of the Ministry after receiving the review opinion of the Ministry of Home Affairs; establish professional and vocational standards for civil servants in the sectors and fields under the management of the Ministry for the Ministry of Home Affairs to issue; issue specific vocational standards for heads of specialized agencies under the management of the Ministry within provincial/municipal people's committees; develop and issue industry economic and technical norms, national technical standards and specifications in the fields of culture, physical education, sports, and tourism.

28. Regarding state management of organizations providing public services in the fields of culture, family affairs, physical education, sports, and tourism:

a) Develop and submit to the Government mechanisms and policies for providing public services and socializing public service activities in the fields of culture, family affairs, physical education, sports, and tourism;

b) Issue conditions and criteria for establishing state-run organizations in the fields of culture, family affairs, physical education, sports, and tourism;

c) Manage and direct state-run organizations directly subordinate to the Ministry.

29. Implement the rights of the owner representative of state capital in enterprises with state capital under the management of the Ministry according to the law.

30. Regarding state management of the activities of associations and non-governmental organizations in the fields of culture, family affairs, physical education, sports, and tourism:

a) Guide and create favorable conditions for associations and non-governmental organizations to participate in activities and improve state management regulations in the fields of culture, family affairs, physical education, sports, and tourism;

b) Handle and recommend handling of violations of the law by associations and non-governmental organizations operating in the fields of culture, family affairs, physical education, and sports according to the law.

b) Handle, recommend handling violations of the law by associations, non-governmental organizations operating in the fields of culture, family, sports, and tourism in accordance with the provisions of the law.

31. Conduct inspections, examinations, handle complaints, denunciations, and citizens' suggestions; prevent and combat corruption and negative practices; and address violations of laws in the fields of culture, family, sports, and tourism within the Ministry's jurisdiction; conduct inspections and examinations in the implementation of delegated management authority in the sectors and areas under the Ministry's purview.

32. Decide and direct the implementation of the Ministry’s administrative reform program according to the goals and content of the State administrative reform program approved by the Prime Minister; build and perfect the system of institutions and laws for state management of culture, family, sports, and tourism; implement the allocation of tasks among subordinate agencies and units; submit to the Government for decision on the delegation of state management tasks in the areas under the Ministry's jurisdiction to local authorities; direct the implementation of regulations on self-management and responsibility in performing tasks, organizational structure, staffing, and finance for public service units under the Ministry's management; streamline administrative procedures; apply the quality management system according to the TCVN ISO 9001:2000 standard and utilize information technology to serve the Ministry's operations.

33. Ministry's jurisdiction in accordance with the provisions of the law.

34. Manage the organizational structure and staffing; direct the implementation of salary systems and incentive policies, training, and professional development, rewards, and disciplinary measures for cadres, civil servants, and employees under the Ministry's jurisdiction.

35. ||| The Science, Technology and Environment Department shall be organized into three divisions; The Planning and Finance Department shall be organized into six divisions; The Cadre and Civil Servant Organization Department shall be organized into three divisions; The Legal Affairs Department shall be organized into three divisions;

36. Perform other tasks assigned by the Government and the Prime Minister.

Article 3. Organizational structure of the Ministry

1. Department of Family Affairs.

2. Department of National Culture.

3. Department of Family Affairs.

4. Department of Science, Technology, and Environment.

5. Planning and Finance Department;

6. Organization and Cadre Department.

7. Department of Mobilization and Awards.

8. Training Department.

9. Legal Affairs Department.

10. Inspectorate.

11. Office.

12. The Ministry's representative office in Ho Chi Minh City.

13. Heritage Management Department.

14. Performing Arts Department.

15. Cinema Department.

16. Copyright Department.

17. Grassroots Cultural Department.

18. International Cooperation Department.

19. Fine Arts, Photography, and Exhibition Department.

20. General Department of Sports and Physical Training.

21. Tourism Administration.

22. Management Board of Ethnic Cultural and Tourism Village.

23. Vietnam Institute of Culture and Arts.

24. Information Technology Center;

25. Culture and Arts Magazine.

26. School for Cultivation of Cultural, Sports, and Tourism Managers.

27. Cultural Newspaper.

Agencies from Clause 1 to Clause 22 of this Article are organizations assisting the Minister in performing state management functions; agencies from Clause 23 to Clause 27 of this Article are public service organizations under the Ministry.

The Planning and Finance Department, the Cadre and Civil Servant Organization Department, the Department of Science, Technology, and Environment, and the Ministry's representative office in Ho Chi Minh City shall be organized into divisions.

The Minister of Culture, Sports, and Tourism shall submit to the Prime Minister for issuance of decisions defining the functions, tasks, powers, and organizational structures of the General Department of Sports and Physical Training, the Tourism Administration, and the Management Board of Ethnic Cultural and Tourism Village; submit to the Prime Minister for issuance of a list of other public service organizations directly under the Ministry.

Article 4. Effectiveness

1. This Decree takes effect fifteen days after its publication in the Official Gazette and replaces Decree No. 63/2003/NĐ-CP dated June 11, 2003 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Culture and Information, Decree No. 22/2003/NĐ-CP dated March 11, 2003 of the Government on the functions, tasks, powers, and organizational structure of the Committee for Sports, and Decree No. 94/2003/NĐ-CP dated August 19, 2003 of the Government on the functions, tasks, powers, and organizational structure of the Tourism Administration.

Article 2. Abolish previous provisions that conflict with this Decree.

Article 5Responsibility for Implementation

Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, and Chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decree./.