Decision No. 29/2000/QĐ-BVHTT On Issuing the Regulations on Photography Activities

Pursuant to …;

Regarding promulgating Regulations on Photography Activities

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MINISTER OF CULTURE - INFORMATION

- Based on the Law on Legislative Acts of Legal Normative Documents dated November 12, 1996;

- Based on Decree No. 81/CP dated November 8, 1993 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Culture-Information;

- Based on Decree No. 15/CP dated March 2, 1993 of the Prime Minister stipulating the tasks, powers, and responsibilities for state management of ministries and ministerial-level agencies;

- Considering the proposal of the Minister of Fine Arts;

Pursuant to …;

Article 1. The following decisions are hereby issued together with this decision:

- Photography activity regulations

- Application forms for permission, permit papers (from form number 1 to form number 5)

Article 2. THIS DECISION SHALL TAKE EFFECT 15 DAYS FROM THE DATE OF SIGNATURE.

Article 3. The Heads of the Ministry's Office, the Director of the Fine Arts Department, the Head of the Ministry's Inspectorate, the Directors of Provincial Departments of Culture-Information, and other relevant organizations and individuals shall be responsible for implementing this Decision.

REGULATIONS

PHOTOGRAPHIC ACTIVITIES
(Issued together with Decision No. 29/2000/QD-BVHTT dated November 20, 2000 of the Minister of Culture-Information)

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PART I

GENERAL PROVISIONS

Article 1.

1. Photographic activities within the scope regulated by these regulations include:

a. Organizing domestic exhibitions or sending photographs to participate in contests, festivals, and exhibitions abroad;

b. Organizing international photography festivals and congresses in Vietnam;

c. Organizing artistic photography contests;

d. Photography and printing activities;

e. Displaying photographs illustrating products at trade fairs.

2. Exhibitions at embassies, consulates, and offices of international organizations based in Vietnam shall be carried out in accordance with Decree No. 67/CP dated October 31, 1996 of the Government.

3. Publishing photographs and organizing book exhibitions shall be conducted in accordance with the provisions of the Law on Publishing.

Article 2.

The State of Vietnam encourages photographic activities that have valuable content and artistic merit to contribute to enhancing aesthetic standards and spiritual life of the people.

Article 3.

1. Organizations and individuals engaged in photographic activities as specified in points a and b, Clause 1, Article 1 of these regulations must obtain permission from the competent state management agency for culture and information in accordance with Clauses 1, 2, and 3 of Article 5 of these regulations.

2. The organization of artistic photography contests as specified in point c, Clause 1, Article 1 of these regulations must be registered with the competent state management agency for culture and information in accordance with Clause 4 of Article 5 of these regulations.

3. Photographic activities as specified in points d, e, and g, Clause 1, Article 1 of these regulations must comply with the relevant provisions of these regulations and other related laws.

Article 4. Strictly prohibited are the following photographic activities:

1. Activities with the following contents:

a. Opposing the Socialist Republic of Vietnam, undermining national solidarity;

b. Promoting violence, aggressive war, hatred among ethnic groups and peoples; spreading reactionary thoughts, cultures, decadent lifestyles, criminal acts, social evils, superstitions, and behaviors that destroy traditional customs;

c. Disclosing secrets of the Party, State, military, security, economic, foreign affairs, personal privacy, and other secrets prescribed by law;

d. Distorting history, denying revolutionary achievements, defaming the reputation of organizations, and the dignity and personality of citizens;

e. Other photographic activities with contents prohibited by law.

2. Taking photographs in places where there are signs prohibiting photography.

Chapter II

AUTHORITY TO ISSUE PERMITS AND PROCEDURES FOR APPLYING FOR PERMISSION TO ORGANIZE PHOTOGRAPH EXHIBITIONS, ARTISTIC PHOTOGRAPH CONTESTS, FESTIVALS, AND INTERNATIONAL PHOTOGRAPH CONGRESSES

Article 5. Licensing Authority:

1. The Ministry of Culture and Information shall issue licenses for:

a. National photography exhibitions, festivals, and contests:

b. Photography exhibitions, festivals, and contests of national scale organized by Vietnam and sent abroad.

c. International photography festivals and congresses held in Vietnam.

2. The Fine Arts Department shall issue licenses for:

a. Specialized photography exhibitions and festivals;

b. Photography exhibitions and festivals of central organizations displayed within the country or sent abroad;

c. Photography exhibitions and festivals of international organizations or individuals belonging to such organizations held in Vietnam;

d. Sending individual photographs abroad for participation in national or international photography festivals or contests.

3. The Provincial Department of Culture and Information shall issue licenses for:

a. Photography exhibitions and festivals organized by local organizations or individuals;

b. Regional photography exhibitions and festivals (including organizations and individuals) held in the locality;

c. Photography exhibitions and festivals of foreign organizations with headquarters in the locality and of foreign individuals belonging to such organizations;

d. Photography exhibitions and festivals of foreign individuals not affiliated with any organization;

e. Photography exhibitions and festivals organized by local organizations or individuals and sent abroad, except those specified in point b, Clause 1 and point d, Clause 2 of this Article.

4. Organizing international photography contests in Vietnam must be registered with the Ministry of Culture and Information: international photography contests must be registered with the Fine Arts Department; local and regional photography contests must be registered with the Provincial Department of Culture and Information where they are organized (according to the model).

Article 6. Licensing Procedures:

1. Organizations and individuals wishing to organize photography exhibitions, festivals, or send photographs abroad for competitions or festivals must submit licensing applications to the competent authority as stipulated in Article 5 of this Regulation. The application package includes:

a. A request form for permission (according to the model) or a letter of introduction;

b. Sample invitation letters, introductions, rules, exhibition catalogs, and festival programs in Vietnamese; if printed in another language, it must be printed below or on a separate page and should not exceed the size of the Vietnamese text.

c. Catalogs, brochures, books, prints of works, emblems, posters (printed products) for promoting and advertising the exhibition (if applicable);

d. For photography exhibitions, the following additional items must be included:

- A list of selected works and authors;

- Sample photographs or the smallest framed photographs (9x12 cm) that must be displayed, with dimensions noted and Vietnamese captions;

e. For domestic photography exhibitions, exhibitions of foreign authors, and international organizations' exhibitions in Vietnam under special circumstances where sample photographs or works cannot be sent to the licensing authority, the licensing authority must dispatch specialized staff to assess the works; there must be a record of the assessment;

g. For organizing international photography festivals and congresses in Vietnam, a detailed program must also be attached;

Specific content.

1. For sending photographs abroad for exhibitions or competitions, new letters, diplomatic notes, contracts, or documents from the foreign side are required.

2. For individuals not affiliated with any organization or agency, confirmation of their residential address by the People's Committee of the commune or village must be provided in the application.

3. For Vietnamese citizens residing abroad, confirmation from the Overseas Vietnamese Commission is required.

4. For foreigners not affiliated with any organization or agency, without a sponsoring entity for the exhibition, confirmation from the embassy or consulate of the country where the person resides must be provided in the application. In cases where the individual is an employee of a country with which Vietnam has no diplomatic relations, confirmation from an international organization headquartered in Vietnam must be provided in the application.

5. Organizations and individuals applying for exhibition permits must pay fees as prescribed.

7. The organization of photography contests as stipulated in Clause 4, Article 5 of this Regulation must be registered with the competent authority at least 7 days before the planned date of the event. The registration document must clearly state: the organizing body, contest rules, purpose, and content (according to Model No. 5).

Article 7.

1. The competent authority issuing the license must issue the permit within 10 days from the receipt of a complete application. If denied, a written response must be provided.

2. The permit for sending photographs abroad for exhibitions, contests, or festivals serves as the basis for customs procedures.

Article 8. The assessment of works and issuance of permits shall be decided by the head of the licensing authority as stipulated in Article 5 of this Regulation. When necessary, the licensing authority may establish an advisory board to assist the head in assessing works; the advisory board must include at least two-thirds of reputable photography experts; the board must have at least five members.

Article 9. Organizations and individuals have the right to appeal decisions of the licensing authority according to the laws on complaints and denunciations.

Chapter III

PHOTOGRAPH EXHIBITIONS

Article 10. A photograph exhibition is a form of public presentation of photographic works of information, journalism, and art.

Article 11. The exhibition venue must have a display area of at least 20 square meters; adequate lighting, electricity, water, fire prevention and firefighting equipment, and must not affect public order or traffic safety.

Article 12. The owner of the exhibition venue may only accept the display of works listed in the approved permit.

Promotional and advertising materials for the exhibition must use Vietnamese. If other languages are used, they must be presented below and in larger font than Vietnamese.

Article 13. During the exhibition period, the purchase and sale of photographic works, the payment of a percentage (%) by the author (or the owner of the work) to the organizer when selling the work, and compensation to the author (or the owner of the work) for loss or damage to the work shall be carried out according to the agreement between the author or the owner of the work and the organizer.

Article 14. Photography exhibitions and contests organized by Vietnamese or foreign organizations selecting works for exhibition in Vietnam or abroad without the approval of the Ministry of Culture and Information shall not claim to represent Vietnamese photography.

Chapter IV

ORGANIZING NATIONAL AND INTERNATIONAL PHOTOGRAPHY CONTESTS, FESTIVALS, AND INTERNATIONAL PHOTOGRAPHIC CONGRESSES IN VIETNAM

Article 15. The organization responsible for organizing the art photography contest must establish regulations or rules for the contest, clearly defining the content of the contest and the criteria for awarding prizes. After the contest, if there is an exhibition of works, it must comply with the relevant provisions on exhibitions set forth in Chapter II of this Regulation.

Article 16. Art photography festivals serve to gather creative forces. If there are seminars, conferences, or exhibitions organized, they must comply with the relevant state regulations.

Article 17. Organizing art photography festivals and international photography congresses in Vietnam must be undertaken by central agencies or provincial-level agencies directly under the central government of Vietnam.

Chapter V

IMPLEMENTING PROVISIONS

Article 18. Individuals and organizations engaged in photography activities that violate the provisions of this Regulation may be subject to administrative penalties or criminal liability, depending on the nature, severity, and subject matter of the violation, according to current laws.

Article 19. The specialized inspection agency for culture-information shall perform its inspection and handling functions regarding violations in photography activities within its authority.

Article 20. The Fine Arts Department, subordinate agencies under the Ministry of Culture-Information, Provincial Departments of Culture-Information, and related organizations, agencies, and individuals have the responsibility to implement this Regulation.

Article 21. This Regulation shall take effect fifteen days from the date of issuance.