Decision No. 39/2001/QĐ-BVHTT on Issuing the Regulation on Festival Organization

DECISION OF THE MINISTER OF CULTURE AND INFORMATION

Regarding the issuance of the Festival Organization Regulation

THE MINISTER OF CULTURE AND INFORMATION

Pursuant to the Law on Enacting Legal Normative Documents dated November 12, 1996;

Pursuant to Decision No. 81/CP dated November 8, 1993 of the Government for the functions, tasks, powers, and organizational structure of the Ministry of Culture - Information;

Considering the proposal of the Director of the Cultural -Information Base,

DECISION:

Article 1. This Decision promulgates the Festival organization regulation.

Article 2. The Festival organization regulation issued together with this Decision shall take effect 15 days from the date of signature and replace the Festival regulation issued together with Decision No. 636/QĐ-QC dated May 2, 1994 of the Minister of Culture - Information.

Article 3. Chief of the Ministry's Office, Chief Inspector of the Ministry, Directors of the Cultural Information Bases, Heads of units under the Ministry of Culture - Information, Directors of Provincial Departments of Culture - Information directly under the Central Government and relevant agencies, organizations, and individuals involved in festival organization are responsible for implementing the regulation issued with this Decision./.

REGULATION ON FESTIVAL ORGANIZATION

(Issued together with Decision No. 9/2001/QĐ-BVHTT dated August 23, 2001

of the Minister of Ministry of Science and Technology Cultural Education - Information)

PART I

GENERAL PROVISIONS

Article 1. The objects regulated by this Regulation include:

1. Folk festivals.

2. Historical revolutionary festivals.

3. Religious festivals.

4. Festivals imported from abroad into Vietnam.

Article 2Organizing festivals aims at:

1. Commemorating the merits of national heroes, cultural celebrities, martyrs, and predecessors who have contributed to building and defending the country.

2. Preserving and promoting the spiritual cultural values of the Vietnamese ethnic communities.

3. Meeting the cultural, religious, and tourism needs of visiting historical-cultural relics, scenic spots, architectural art works, natural landscapes, and other legitimate needs of the people.

Article 3. Strictly prohibited are the following acts at festival venues:

1. Exploiting festivals to organize activities against the Socialist Republic of Vietnam, causing disorder and insecurity, spreading illegal propaganda, and dividing the national solidarity.

2. Organizing superstitious and feudalistic activities that revive customs contrary to the traditional customs of the nation.

3. Organizing living services and religious services within the inner precincts.

4. Gambling in any form.

5. Burning paper offerings (houses, cars, horses, daily-use items...).

6. Other acts violating the law.

Chapter II

MANAGEMENT AND FESTIVAL ORGANIZATION

Article 4.

The following festivals when organized do not require a permit but must report in writing to the competent state agency on culture and information at least 20 days before the festival date regarding the time, location, content, script (if any), and list of the Festival Organizing Committee:

a) Regularly and periodically held folk festivals;

b) Representative historical revolutionary festivals with educational significance.

2. The reporting requirements for organizing festivals as stipulated in Clause 1 of this Article are specified as follows:

a) Festivals organized by commune level must report to the Cultural Information Office,

b) Festivals organized by district level must report to the Department of Culture and Information,

c) Festivals organized by provincial level must report to the Ministry of Culture and Information.

3After receiving the written reports as stipulated in Clause 2 of this Article, the cultural and information agency has the responsibility to report to Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).the People's Committee at the same level. In cases of natural disasters, epidemics, or security and order issues, the organization of festivals as stipulated in Clause 1 If this has a negative impact on local social life, Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).it shall be examined and decided by the People's Committee.

4Festivals organized by villages or communes do not need to report to cultural-information agencies but must comply with relevant regulations set forth herein.

Article 5.

1The following festivals, when organized, must obtain permission from Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).the provincial or centrally governed city People's Committee:

a) Festivals being held for the first time;

b) Festivals being revived for the first time after many years of interruption;

c) Regularly held festivals that have changed their content, time, or location compared to tradition;

d) Festivals imported from abroad organized by foreigners or Vietnamese;

đ) Festivals not covered under Article 12 of this Regulation that last more than 8 days;

e) Religious festivals held outside the premises of religious facilities or within such premises but not registered annually according to Decree No. 26/1999/NĐ-CP dated April 19, 1999 of the Government on religious activities.

2Festivals specified in points a, b, and c of Clause 1 of this Article, when organized from the second time onwards or regularly, must follow the provisions of Article 4 of this Regulation.

Article 6.

1. Applications for festival organization permits must be submitted to the Department of Culture, Sports and Tourism at least 30 days before the festival begins. The application for a festival organization permit includes:

a) A request for permission to hold the festival from the organizing agency.

b) Documentation stating the origin and history of the festival;

c) The schedule, venue, plan, program, and content of the festival;

d) List of the Festival Organizing Committee;

đ) Agreement letters from diplomatic agencies (Embassy, Consulate, General Consulate) for foreign-imported festivals organized by foreign communities legally residing in Vietnam.

2. Upon receiving a valid application, the Department of Culture, Sports and Tourism is responsible for reviewing and submitting to the Chairman of the Provincial People's Committee for approval within 10 days.

3. In cases where the Chairman Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).of the Provincial People's Committee delegates authority, the Department of Culture, Sports and Tourism will issue the permit. If the permit is not granted, a written response must be provided.

, Clause 1, Clause 2 Article 7a of this Regulation.The People's Committee of the locality where the festival is held Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).bears responsibility for directing and implementing state management according to regulations.

Article 8.

1. Religious festivals organized by religious organizations or clergy must comply with the provisions of Decree No. 26/1999/NĐ-CP dated April 19, 1999 of the Government on religious activities.

2. Religious festival rituals must incorporate guidance from state agencies managing religious activities and local cultural management agencies.

3. The Festival Organizing Committee for religious festivals is determined by the religious organization based on consensus with local authorities.

Article 9. Rituals of all festivals must be conducted solemnly according to tradition, guided by the Department of Culture, Sports and Tourism.

Article 10Within the festival area, the National Flag must be displayed prominently and higher than other flags.

Article 11. Folk games, cultural performances, and sports activities within the festival area must have positive, healthy content appropriate to the scale, nature, and characteristics of the festival.

Article 12. The duration of festivals shall not exceed three days, except for the Hung Temple Festival (Phu Tho), Perfume Pagoda Festival (Ha Tay), Phu Day Shrine Festival (Nam Dinh), Spring Mountain Ba Den Festival (Tay Ninh), Lady Saint Sam Mountain Festival (An Giang).

Article 13. All festivals must establish a Festival Organizing Committee upon organization.

1. The Festival Organizing Committee is established by the decision of the organizing authority, except for foreign-imported festivals organized by foreigners as stipulated in point c of Clause 1 Article 5 of this Regulation. The representative of the authority shall serve as the Head of the Board, with members including representatives from the Culture - Information sector, Public Security, Religion, Fatherland Front, Health, representatives from other relevant sectors, organizations, or individuals related to the organization of festivals.

2. The Festival Organization Board shall be responsible for managing and directing the festival according to the announced program or the approved permit, ensuring order, safety, security, organizing catering and sanitation services thoroughly, protecting historical, cultural relics, scenic spots, the environment, and managing revenue and expenditure during the festival.

3. Within twenty days following the conclusion of the festival, the Festival Organization Board must submit a report on the results to the organizing authority and the higher-level state management body for culture - information.

Article 14Persons attending the festival must comply with civilized behavior and the regulations set forth by the Festival Organization Board.

Article 15.

1. Tickets shall not be sold for entry to the festival.

2. In areas within the festival where games, performances, artistic exhibitions, or displays are organized, tickets may be sold; ticket prices shall be implemented in accordance with the provisions of the competent financial authorities.

3. Service organizations within the relic premises must follow the regulations of the Festival Organization Board.

Article 16. Revenue from donations and charity must be managed and utilized in accordance with the provisions of the law.

Chapter III

IMPLEMENTING PROVISIONS

Article 17.

1. The Cultural - Information Department under the Ministry of Culture - Information shall be responsible for guiding, monitoring, and inspecting the implementation of this Regulation nationwide.

2. The Cultural - Information Inspectorate shall be responsible for inspecting, identifying, and handling violations within its jurisdiction.

3. Provincial Departments of Culture - Information shall be responsible for guiding, monitoring, and inspecting the implementation of this Regulation at the local level.

Article 18Organizations or individuals violating the provisions of this Regulation shall be subject to administrative penalties or criminal liability, depending on the nature and severity of the violation, as provided by law.

Article 19. This Regulation shall take effect fifteen days from the date of signature and shall replace the Festival Regulation issued pursuant to Decision No. 686/QĐ-QC dated May 21, 1994 of the Minister of Culture - Information./.