Decree No. 40/2021/NĐ-CP amends and supplements some articles of Decree No. 89/2014/NĐ-CP dated September 29, 2014 of the Government on the awarding of the titles "People's Artist" and "Artist of Merit".

DECREE

AMENDMENTS AND SUPPLEMENTS TO SOME ARTICLES OF DECREE NO. 89/2014/ND-CP OF SEPTEMBER 29, 2014, ISSUED BY THE GOVERNMENT ON THE AWARDING OF THE TITLES "PEOPLE'S ARTIST" AND "OUTSTANDING ARTIST"

Pursuant to the Government Organization Law June 19, 2015; Law amendingand supplementing some articles of the Law on Government Organization and the Law on Local Administration Organization November 22, Based on the Law on Competition and Rewards dated November 26, 2003 and the Law amending and supplementing some articles of the Law on Competition and Rewards November 16, Pursuant to the Law Amending and Supplementing Certain Provisions of the Law on the Organization of the Government and the Law on the Organization of Local Administration dated January 22, 2019;

Pursuant to the proposal of the Minister of Culturepromulgating this Decree to amend and supplement some articles of Decree No. 89/2014/ND-CP of September 29, 2014 issued by the Government on the awarding of the titles "People's Artist", "Outstanding Artist":in 2013;

Outstanding Artist”a, Sports and Tourism;

At the proposal of Article 1. Amend and supplement some articles of Decree No. 89/2014/ND-CP of September 29, 2014 issued by the Government on the awarding of the titles "People's Artist", "Outstanding Artist": 1. Clause 3 of Article 3 shall be amended and supplemented as follows:"3. The period of professional artistic activity of an individual shall be calculated from the time when:a) The individual graduates from a professional art school until the time of reviewing the application for the title "People's Artist", "Outstanding Artist" at the grassroots-level Council;, “b) The individual reaches 18 years old and engages in professional artistic activities at a professional art unit until the time of reviewing the application for the title "People's Artist", "Outstanding Artist" at the grassroots-level Council."2. Article 8 shall be amended and supplemented as follows:,

"Article 8. Criteria for awarding the title "People's Artist"

The title "People's Artist" shall be awarded to individuals specified in Clause 2 of Article 2 of this Decree who meet the following criteria:

1. Loyalty to the Socialist Republic of Vietnam; compliance with the Party's guidelines and policies, State laws, and internal regulations of agencies, organizations, and localities;

2. Possessing good moral character, being exemplary in life, dedicated to their profession; having outstanding artistic talent, representing their genre, field, or profession; having professional reputation; being admired by colleagues and the public;

3. Having at least 20 consecutive or cumulative years of professional artistic activity; specifically, for Circus and Dance arts, having at least 15 consecutive or cumulative years of professional artistic activity;

4. Having been awarded the title "Outstanding Artist" and subsequently meeting one of the following criteria:

a) Having won at least two National Gold Awards (including one individual Gold Award).

Domestic or international Gold Awards for individuals or for films, programs, plays, or performances can be converted into achievements for individuals according to the provisions in Appendix II attached to this Decree.

b) Having won at least three National Gold Awards (if there is no individual Gold Award).

c) Having made significant contributions, possessing outstanding artistic talent, lacking awards as stipulated in points a and b of this clause but being discussed and evaluated by councils at all levels as special cases, submitted to the Prime Minister for consideration and decision in specific circumstances as follows:

- The artist is an elderly person as defined in Article 2 of the Law on Elderly People, making many contributions in the field of art;

- The artist actively participates in many activities serving major political tasks of the locality and the country;

- The artist is a lecturer at professional cultural and artistic training institutions, training many generations of students who have achieved high awards in international professional art competitions."

3. Article 9 shall be amended and supplemented as follows:

"Article 9. Criteria for awarding the title "Outstanding Artist"

3. Article 9 shall be amended and supplemented as follows:

The title "Outstanding Artist" shall be awarded to individuals specified in Clause 2 of Article 2 of this Decree who meet the following criteria:

1. Loyalty to the Socialist Republic of Vietnam; compliance with the Party's guidelines and policies, State laws, and internal regulations of agencies, organizations, and localities.

2. Possessing good moral character, being exemplary in life, dedicated to their profession; having outstanding artistic talent; having professional reputation; being admired by colleagues and the public.

3. Having at least 15 consecutive or cumulative years of professional artistic activity; specifically, for Circus and Dance arts, having at least 10 consecutive or cumulative years of professional artistic activity.

4. Meeting one of the following criteria:

b) Having won at least one National Gold Award and two National Silver Awards (including one individual Gold Award).

The conversion ratio of domestic and international Silver Awards for individuals or for films, programs, plays, or performances into National Silver Awards is calculated according to the conversion ratio of Gold Awards.

c) Having won at least three National Gold Awards (if there is no individual Gold Award).

d) Having made significant contributions, possessing outstanding artistic talent, lacking awards as stipulated in points a, b, and c of this clause but being discussed and evaluated by councils at all levels as special cases, submitted to the Prime Minister for consideration and decision in specific circumstances as follows:"

4. Clause 1 of Article 11 shall be amended as follows:

"1. The grassroots-level Council at the professional art unit shall be established by the head of the unit and shall include: Theater, professional art troupe under ministries, provinces, centrally-administered cities; Academy, school for training in arts, film studio under ministries, provinces, centrally-administered cities with functions of research, training, and artistic creation; Film Department, Performing Arts Department under the Ministry of Culture, Sports and Tourism; Political Work Department under the Ministry of Public Security; General Political Department of the Vietnam People's Army under the Ministry of Defense; specialized agency managing state administration in culture under provincial people's committees, centrally-administered city people's committees; Radio Station, Television Station, Provincial Radio and Television Station."

- The artist is a lecturer at professional cultural and artistic training institutions, training many generations of students who have achieved high awards in international professional art competitions."

3. Article 9 shall be amended and supplemented as follows:

5. Clause 4 of Article 12 shall be amended as follows:

3. Article 9 shall be amended and supplemented as follows:

"4. The Council shall convene a session when at least 90% of its members are present, including the Chairman of the Council or the Vice-Chairman of the Council authorized by the Chairman of the Council."

6. Point b of Clause 1 of Article 13 shall be amended as follows:

3. Article 9 shall be amended and supplemented as follows:

d) Having outstanding contributions and remarkable artistic talent, but lacking awards as specified in points a, b, and c of this clause, and being recognized by councils at all levels as exceptional cases after discussion and evaluation, to be submitted for consideration and decision by the Prime Minister in specific cases;

1. Loyalty to the Socialist Republic of Vietnam; compliance with the Party's guidelines and policies, State laws, and internal regulations of agencies, organizations, and localities.

2. Possessing good moral character, being exemplary in life, dedicated to their profession; having outstanding artistic talent; having professional reputation; being admired by colleagues and the public.

3. Having at least 15 consecutive or cumulative years of professional artistic activity; specifically, for Circus and Dance arts, having at least 10 consecutive or cumulative years of professional artistic activity.

4. Clause 1 of Article 11 shall be amended as follows:

“1. The grassroots council at the artistic unit shall be established by the head of the unit and shall include: theaters, professional art troupes under ministries, provinces, and centrally-administered municipalities; academies, training schools, film studios under ministries, provinces, and centrally-administered municipalities with functions of research, training, and artistic creation; the Cinema Department, the Performing Arts Department under the Ministry of Culture, Sports and Tourism; the Party Work and Political Affairs Department under the Ministry of Public Security; the General Political Department of the Vietnam People's Army under the Ministry of National Defense; specialized agencies managing state affairs on culture under provincial and centrally-administered municipal people's committees; provincial radio and television stations, provincial radio-television stations.”.

5. Clause 4 of Article 12 shall be amended as follows:

“4. The Council shall convene a meeting when at least 90% of its members are present, including the Chairman of the Council or a Vice-Chairman authorized by the Chairman of the Council.”.

6. Point b of Clause 1 of Article 13 shall be amended as follows:

"b) Decisions awarding prizes prescribed in Clause 4, Article 8 or Clause 4, Article 9 of this Decree: Submit a certified copy from the original book or a notarized copy or a copy and present the original for verification (in case of direct submission of application files); submit a certified copy from the original book or a notarized copy (in case of submission of application files via postal service)."

7. Clause 3, Article 13 shall be amended as follows:

“3. Individuals engaged in freelance artistic activities shall submit one set of application files in accordance with Clause 1 of this Article directly or through postal service to the specialized agency under the provincial People's Committee or the municipal People's Committee under the central government where such individuals reside within the time specified in the Plan.”

8. Point d, Clause 2, Article 14 shall be amended as follows:

“d) The proposal file for the award of the title of “People’s Artist” or “Artist of Merit” must achieve at least 80% agreement of the total number of members present at the meeting and then be submitted to the permanent office of the Ministry-level Council or provincial Council according to the time specified in the Plan.”

9. Point h, Clause 3, Article 14 shall be supplemented as follows:

“h) The Council’s review of the individual being considered as a special case.”

10. Clause 1 and Point c, Clause 1, Article 15 shall be amended as follows:

“1. The Ministry-level Council shall consist of nine to eleven members, including:

“c) Members of the Council include: Units responsible for organizational work under the Ministry of Culture, Sports and Tourism, the Ministry of Public Security, the Ministry of National Defense, Voice of Vietnam Radio, Vietnam Television; experts in the field of arts; People’s Artists; Artists of Merit.

The Council shall use the seal of the Ministry or the sector where the Ministry-level Council was established.

The Department of Commendation and Reward (Ministry of Culture, Sports and Tourism) or the Department (Office) of Commendation and Reward under the Ministry of Public Security, the Ministry of National Defense, Voice of Vietnam Radio, Vietnam Television shall serve as the permanent office of the Council. The Council shall have a Secretariat established by the Chairman of the Council.”

11. Clause 2, Article 15 shall be amended as follows:

“2. The provincial Council shall consist of nine to eleven members, including:

a) Chairman of the Council: Deputy Chairman of the Provincial People's Committee;

b) Vice Chairmen of the Council: Leaders of the Provincial Propaganda and Education Department, city party committee, Director or Deputy Director in charge of art of the specialized agency under the provincial People's Committee or the municipal People's Committee under the central government;

c) Members of the Council include: Provincial Department of Commendation and Reward, Provincial Association of Literature and Art; experts in various fields of art; People’s Artists, Artists of Merit of the province.

The Council shall use the seal of the provincial People's Committee.

The specialized agency under the provincial People's Committee or the municipal People's Committee under the central government shall serve as the permanent office of the Council. The Council shall have a Secretariat established by the Chairman of the Council.”

12. Clause 3, Article 15 shall be amended and supplemented as follows:

“3. Responsibilities of the Ministry-level and provincial Councils:

a) Publish the list of nominations for the award of the titles of “People’s Artist” and “Artist of Merit” on information media under their jurisdiction: Official website or industry and local newspapers for seven working days starting from the end date of the receipt of application files from the grassroots Council;

b) Review and evaluate the nomination files for the award of the titles of “People’s Artist” and “Artist of Merit” in accordance with regulations;

c) Receive and process complaints within twenty days from the end date of the announcement of results;

d) Complete the nomination files for the award of the titles of “People’s Artist” and “Artist of Merit” achieving at least 80% agreement of the total number of members present at the meeting and then submit them to the permanent office of the national specialized Council according to the time specified in the Plan.”

13. Point c and Point d, Clause 4, Article 15 shall be supplemented as follows:

“c) Written opinions of the Provincial Party Committee Standing Committee, Municipal Party Committee Standing Committee, and the Standing Committee of the Party Central Committee of Ministries and Sectors regarding the nomination files for the award of the title of “People’s Artist” under their management at the local level and sectoral level.

d) The Council’s review of the individual being considered as a special case.”

14. Point a, Clause 1, Article 16 shall be amended as follows:

“a) The national specialized Councils by each field shall consist of eleven to fifteen members, including:

- Chairman of the Council: Leader of the Ministry of Culture, Sports and Tourism;

- Vice Chairmen of the Council: Head of the Department of Commendation and Reward and Director of the Cinema Department or Director of the Performing Arts Department under the Ministry of Culture, Sports and Tourism;

- Members of the Council include: Central Propaganda and Education Department (Department of Cultural Affairs), Central Associations of Literature and Art by specialty, experts in the field of art, People’s Artists, Artists of Merit.”

15. Point c and Point đ, Clause 1, Article 16 shall be amended and supplemented as follows:

“c) Responsibilities of the national specialized Councils:

- Publish the list of nominations for the award of the titles of “People’s Artist” and “Artist of Merit” on the official website of the Ministry of Culture, Sports and Tourism for fifteen days starting from the end date of the receipt of application files from the Ministry-level and provincial Councils;

- Review and evaluate the nomination files for the award of the titles of “People’s Artist” and “Artist of Merit” in accordance with regulations;

- Receive and process complaints within twenty days from the end date of the announcement of results;

- Complete the nomination files for the award of the titles of “People’s Artist” and “Artist of Merit” achieving at least 80% agreement of the total number of members present at the meeting and then submit them to the permanent office of the national Council according to the time specified in the Plan.

đ) The national specialized Council shall submit one set of application files to the permanent office of the national Council. The files include:

- Documents stipulated in Points a, b, c, đ, and g, Clause 3, Article 14 of this Decree;

- The Council’s review of the individual being considered as a special case.

- Decision establishing the national specialized Council for the award of the titles of “People’s Artist” and “Artist of Merit.””

16. Point a, Clause 2, Article 16 shall be amended as follows:

“a) The national Council shall consist of seventeen to twenty-one members, including:

- Chairman of the Council: Minister of Culture, Sports and Tourism;

- Vice Chairmen of the Council: Leaders of the Central Propaganda and Education Department, Central Department of Commendation and Reward;

- Members of the Council include: the leader of the Ministry of Public Security, the Department of Awards and Honors (Ministry of Culture, Sports and Tourism), the Vietnam Federation of Literature and Art Associations, central specialized literature and art associations, experts in various artistic fields, People's Artists.

17. Points c and d of Clause 2, Article 16 shall be amended and supplemented as follows:

“c) Responsibilities of the State-level Council:

- Announce publicly on the Government’s Official Portal and the Ministry of Culture, Sports and Tourism’s Official Portal the list of individuals proposed for the awarding of the titles "People's Artist" and "Artist of Merit" within fifteen days from the end of the submission period for the State-level specialized council;

- Examine, evaluate, and vote to select individuals proposed for the awarding of the titles "People's Artist" and "Artist of Merit" in accordance with regulations;

- Receive and process complaints within twenty days from the end date of the announcement of results;

- Complete the dossier for the awarding of the titles "People's Artist" and "Artist of Merit" that has received at least eighty percent approval from the total number of Council members present at the meeting, and submit it to the Prime Minister in accordance with regulations.

d) The State-level Council shall send the Central Board of Awards and Honors three sets of dossiers for consolidation and submission to the Prime Minister according to the time specified in the Plan. The dossier includes:

- The document stipulated in points a, b, c, d, and đ of Clause 3, Article 14 of this Decree;

- The Council's comments on individuals who are considered special cases;

- A summary of individual achievements with confirmation by the Chairman of the State-level Council;

- The Decision establishing the State-level Council for awarding the titles "People's Artist" and "Artist of Merit".

Article 2. Amend and supplement Appendix II on the Prize Conversion Table issued together with Decree No. 89/2014/NĐ-CP dated September 29, 2014 of the Government (issued together with this Decree).

Article 3. Effectiveness

This Decree takes effect from May 15, 2021.

Article 4. Responsibilities for Implementation

1. The Ministry of Culture, Sports and Tourism is responsible for guiding the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen of provincial and municipal people's committees directly under the central government, relevant agencies, organizations, and individuals are responsible for enforcing this Decree.

ANNEX II

PRIZE CONVERSION TABLE
(Annexed to Government Decree No. 40/2021/NĐ-CP dated March 30, 2021)

I. PRIZE CONVERSION TABLE FOR THE FILM SECTOR

1. Take the Golden Lotus Award - the main prize of the National Film Festival (Vietnam Film Festival) as the standard for conversion.

2. Only convert to the Golden Lotus Award for:

- The Golden Wings Award - the main prize of the Vietnam Cinema Association;

- The Gold Medal - the main prize of the National Television Film Festival;

- The main prize awarded by the Jury at the International Film Festival for films and individuals;

- The Outstanding Individual Award at the National Film Festival, the Highest Individual Award of the Vietnam Cinema Association, and the National Television Film Festival.

3. Specific conversion rates are as follows:

4. For a film awarded the Golden Lotus Award, the participants are converted as follows:

For films awarded the Golden Wings Award or Gold Medal at film festivals organized by ministries, sectors, or the Vietnam Cinema Association, the conversion of prizes for the above participants will be carried out according to the specific conversion rates set forth in Section 3 of the Prize Conversion Table for the Film Sector.

5. Prizes awarded to groups or individuals not through film festivals, competitions, or performances shall not be eligible for conversion.

II. PRIZE CONVERSION TABLE FOR THE MUSIC SECTOR

1. Take the Gold Medal of the National Professional Performance Arts Competition organized by the Ministry of Culture, Sports and Tourism as the standard for conversion.

2. Only consider converting Gold Medals, First Prizes, A Prizes, Excellent Prizes, and Golden Cups from national or international professional performance arts festivals, competitions, and performances for programs, shows, and individuals.

Other prizes from national, sectoral, or international (regional and global) festivals, competitions, and performances organized by the Ministry of Culture, Sports and Tourism, regional associations, or international bodies will be referred to by the Council when considering specific cases.

3. Specific conversion rates are as follows: Festival, Competition, PerformanceSpecialized Field Proposed for Conversion

4. For a program awarded a Gold Medal at the National Art Performance Festival, Competition, Exhibition organized by the Ministry of Culture, Sports and Tourism, the individual participants shall be converted as follows:

For a program awarded a Gold Medal, First Prize, A-Class Award, Excellent Award, Golden Cup at the National Art Performance Festival, Competition, Exhibition organized by ministries, sectors, Central Professional Literature and Art Association, the conversion of awards for the above participating parts will be carried out according to the conversion ratio specified in Section 3 of the Conversion Table of Awards in the Field of Music.

5. For a group performance awarded a Gold Medal at the National Art Performance Festival, Competition, Exhibition organized by the Ministry of Culture, Sports and Tourism, the individual participants shall be converted as follows:

For a group performance awarded a Gold Medal, First Prize, A-Class Award, Excellent Award, Golden Cup at the National Art Performance Festival, Competition, Exhibition organized by ministries, sectors, Central Professional Literature and Art Association, the conversion of awards for the above participating parts will be carried out according to the conversion ratio specified in Section 3 of the Conversion Table of Awards in the Field of Music.

6. Awards of groups and individuals not through Art Performance Festivals, Competitions, Exhibitions shall not be eligible for conversion.

III. CONVERSION TABLE OF AWARDS IN THE FIELD OF DANCE

1. Take the Gold Medal of the National Professional Performance Arts Competition organized by the Ministry of Culture, Sports and Tourism as the standard for conversion.

2. Only consider converting Gold Medals, First Prizes, A Prizes, Excellent Prizes, and Golden Cups from national or international professional performance arts festivals, competitions, and performances for programs, shows, and individuals.

Other prizes from national, sectoral, or international (regional and global) festivals, competitions, and performances organized by the Ministry of Culture, Sports and Tourism, regional associations, or international bodies will be referred to by the Council when considering specific cases.

3. Specific conversion rates are as follows:

Choreographer

5. For a group dance performance awarded a Gold Medal at the National Art Performance Festival, Competition, Exhibition organized by the Ministry of Culture, Sports and Tourism, the individual participants shall be converted as follows:

Conversion rate to Gold Medal

6. Awards of groups and individuals not through Art Performance Festivals, Competitions, Exhibitions shall not be eligible for conversion.

IV. CONVERSION TABLE OF AWARDS IN THE FIELD OF THEATER

Specialized Festivals, Competitions, Exhibitions proposed for conversion

1. Take the Gold Medal of the National Professional Performance Arts Competition organized by the Ministry of Culture, Sports and Tourism as the standard for conversion.

2. Only consider converting Gold Medals, First Prizes, A Prizes, Excellent Prizes, and Golden Cups from national or international professional performance arts festivals, competitions, and performances for programs, shows, and individuals.

Other prizes from national, sectoral, or international (regional and global) festivals, competitions, and performances organized by the Ministry of Culture, Sports and Tourism, regional associations, or international bodies will be referred to by the Council when considering specific cases.

3. Specific conversion rates are as follows:

Conductor of Musical, Ballet

to Gold Medal

5. For a group performance awarded a Gold Medal at the National Art Performance Festival, Competition, Exhibition organized by the Ministry of Culture, Sports and Tourism, the individual participants shall be converted as follows:

1. The Golden Lotus Award - the official award of the National Film Festival (Vietnamese Film Festival) shall serve as the standard for conversion. Conversion shall only apply to:

IV. CONVERSION TABLE OF AWARDS IN THE FIELD OF THEATER

- Official awards of the Jury at the International Film Festival for films and for individuals;

- Outstanding awards for individuals at the Vietnamese Film Festival, the highest award for individuals from the Vietnam Cinema Association and the National Television Film Festival.

- The Golden Wings Award - the main prize of the Vietnam Cinema Association;

- The Gold Medal - the main prize of the National Television Film Festival;

- Official awards from the Jury at the International Film Festival for films and individuals;

- Outstanding individual awards at the National Film Festival, the highest individual award from the Vietnam Film Association, and the National Television Film Festival.

2. The Gold Medal from the National Professional Performing Arts Competition organized by the Ministry of Culture, Sports and Tourism shall serve as the standard for conversion.

3. Only consider the conversion of Gold Medals, First Prizes, A Awards, Excellent Awards, and Golden Cups from domestic or international Artistic Performance Festivals, Competitions, and Performances for programs, plays, and individuals.

Other prizes from national, sectoral, or international (regional and global) festivals, competitions, and performances organized by the Ministry of Culture, Sports and Tourism, regional associations, or international bodies will be referred to by the Council when considering specific cases.

4. The specific conversion ratios are as follows:

Sound Director, main sound technician

6. A theatrical play or cultural and artistic program on radio or television that wins a Gold Medal, First Prize, A Award, Excellent Award, or Golden Cup at a national Professional Artistic Performance Festival, Competition, or Performance organized by ministries or sectors shall take the Gold Medal at a national Professional Artistic Performance Festival, Competition, or Performance organized by the Ministry of Culture, Sports and Tourism as the standard for award conversion.

The conversion of awards for the following participants shall be carried out according to the conversion ratio specified in Section 4 of the Award Conversion Table for the Broadcasting - Television sector.

Cultural and artistic program director on radio

7. Awards given to collectives or individuals not through film festivals, competitions, or performances shall not be eligible for conversion.