This Decision issues the "Regulation on the operation of artistic performances and organization of professional artistic performances," applicable to organizations and individuals from Vietnam and foreign countries in conducting professional artistic performances in Vietnam. The Regulation stipulates management principles, rights, and obligations of artistic units, performance organizing units, and professional performers, while also defining the responsibilities of state administrative agencies overseeing these activities.
Đối tượng áp dụng
Organizations and individuals from Vietnam and foreign countries engaged in professional artistic performances in Vietnam; artistic units, performance organizing units, and professional performers; state administrative agencies responsible for culture.
Các điểm cốt lõi
- and the scope of regulation includes professional artistic performance activities of organizations and individuals from Vietnam and foreign countries both within and outside Vietnam.
- Management principles include unified management of these activities through laws, creating conditions for citizens to be creative in the field of artistic performance.
- Prohibited acts include performing programs with content opposing the State, inciting violence, spreading reactionary ideologies, and insulting the honor of individuals and organizations.
- Conditions for organizing professional artistic performances by entities specified in Article 9 of this Regulation must have a public performance permit and a performance reception certificate from the Department of Culture and Information.
- Rights and obligations of artistic units, performance organizing units, and professional performers are clearly stated in the operational conditions.
🌐 Tác động xã hội từ văn bản này
- Establishing a legal basis for state management over professional artistic performance activities.
- Helping to protect national culture and security through program content control.
- Supporting the development of the arts sector through provisions regarding the rights and obligations of units and individuals operating in this field.
❓ Câu hỏi thường gặp
To whom does this Regulation apply?
This Regulation applies to organizations and individuals from Vietnam and foreign countries engaged in professional artistic performances in Vietnam.
What prohibited acts are defined in this Regulation?
Prohibited acts include performing programs with content opposing the State, inciting violence, spreading reactionary ideologies, and insulting the honor of individuals and organizations.
What are the conditions for organizing professional artistic performances?
Must have a public performance permit from the Department of Performing Arts or the Department of Culture and Information, along with a performance reception certificate from the local Department of Culture and Information.
Which previous regulations does this Regulation replace?
Replaces the "Regulation on the operation of professional artistic performances" issued together with Decision No. 32/1999/QĐ-BVHTT dated April 29, 1999, by the Minister of Culture and Information.
Which agencies are responsible for managing professional artistic performance activities?
The Ministry of Culture and Information and local Departments of Culture and Information are responsible for state management of these activities.
Toàn văn
DECISION OF THE MINISTER OF CULTURE AND INFORMATION
On issuing the "Regulation on Professional Artistic Performance Activities and Organizing Artistic Performances"
professional art
________________
THE MINISTER OF CULTURE AND INFORMATION
Pursuant to the Government's Decree No. 63/2003/NĐ-CP dated June 11, 2003, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Culture and Information;
To strengthen state management over professional artistic performance activities and organizing artistic performances;
At the proposal of the Director of the Performing Arts Department and the Head of the Legal Department,
DECIDES:
Article 1. This Decision promulgates the "Regulation on Professional Artistic Performance Activities and Organizing Artistic Performances" attached hereto.
Article 2. This Decision shall take effect 15 days from the date of publication in the Official Gazette and shall replace Decision No. 32/1999/QĐ-BVHTT dated April 29, 1999 of the Minister of Culture and Information on the Regulation on Professional Artistic Performance Activities. All previous regulations on managing professional artistic performance activities issued by the Ministry of Culture and Information that conflict with this Decision are hereby abolished.
Article 3. The Director of the Performing Arts Department, the Heads of the Legal Affairs Department, the Cadre Organization Department, the Office of the Ministry, the Inspectorate of the Ministry, the Directors of Provincial Departments of Culture and Information, the Heads of all Departments, Units under the Ministry of Culture and Information, organizations and individuals engaged in professional artistic performance activities and organizing artistic performances are responsible for implementing this Decision.
|
|
THE MINISTER
(Signed)
Pham Quang Nghi |
REGULATION ON PROFESSIONAL ARTISTIC PERFORMANCE ACTIVITIES
AND ORGANIZING ARTISTIC PERFORMANCES
(BISSUED WITH DECISION NO. 47/2004/QĐ-BVHTT
DATED JULY 2, 2004 OF THE MINISTER OF CULTURE AND INFORMATION)
PART I
GENERAL PROVISIONS
Article 1. Scope and Applicability
1. Professional artistic performance activities and organizing artistic performances of organizations and individuals of Vietnam, and foreign organizations and individuals within the territory of Vietnam.
2. Professional artistic performance activities and organizing artistic performances of Vietnamese organizations and individuals abroad.
Article 2. Principles of Management
1. The State uniformly manages professional artistic performance activities and organizing artistic performances through laws.
2. The State creates conditions for citizens to actively create in artistic performances; encourages the collection, research, preservation, and development of national arts; selectively absorbs the finest elements of world arts; and promotes abroad artistic programs rich in the cultural identity of the Vietnamese nation.
Article 3. Prohibited Acts
1. Performing and organizing performances of programs, acts, plays containing the following contents:
1.1. Contrary to the Socialist Republic of Vietnam;
1.2. Inciting violence, aggressive war, causing hatred among ethnic groups;
1.3. Propagating reactionary thoughts, decadent culture, cruel behaviors, social evils, superstitions, and corrupting Vietnamese customs and traditions;
1.4. Distorting history and denying revolutionary achievements;
1.5. Insulting great men and national heroes;
1.6. Defaming the reputation of organizations and the dignity and personality of individuals.
2. Performing and organizing performances of programs, acts, plays not approved by competent authorities.
3. Misrepresenting professional art units; misrepresenting programs, acts, plays, performers, or artistic achievements and titles conferred by the State; allowing unauthorized persons to go on stage while performers are performing.
4. Conduct during performance:
4.1. Arbitrarily changing acting movements, artistic performance styles, adding or omitting lyrics or dialogue different from the content and form already approved by competent authorities, resulting in adverse effects;
4.2. Using interactions with audiences to make statements or actions inconsistent with the approved program, act, play;
4.3. Using technical means to replace one's own voice;
4.4. For traditional, folk, circus, and classical European arts: costumes and makeup contrary to customs and traditions, unsuitable for the characteristics of the art form, and inconsistent with the character's personality and historical period depicted in the work;
4.5. For modern music, dance, and drama: makeup creating bizarre hairstyles, brightly colored hair dye, bald heads, or excessively long hair; revealing and indecent clothing.
5. Management of Artistic Performance Activities:
5.1. Issuing various types of permits beyond authority;
5.2. Inspecting, supervising, and handling cases outside the scope of functions and powers prescribed by law.
CHAPTER II
PERFORMANCE AND ORGANIZATION OF PROFESSIONAL ART PERFORMANCES
Article 4. Performance and organization of professional art performances
Is the activity of bringing programs, acts, plays to the public through the performance of professional actors, expressing artistic images, reflecting life through theatrical works, songs, dances, music with the aim of educating thoughts, emotions, morals, lifestyles, raising people's cultural literacy, aesthetic appreciation, meeting the spiritual cultural enjoyment needs of the people, contributing to building and developing a progressive Vietnamese culture rich in national identity.
Article 5. Types of performing arts
The types of performing arts mentioned in this Regulation include: Tuong, Cheo, Cai Luong, Circus, Puppetry, Drama, Musical Drama, Mime, Folk Opera, Operetta, various forms of Performing Arts including Singing, Dancing, Music, Recitation, Comedy Performance, and other types of performing arts presented on stage through the performance of professional actors.
Article 6. Professional performers
Are individuals trained at art schools or apprenticed in the types of performing arts specified in Article 5 of this Regulation and currently engaged in professional art performances.
Article 7. Professional art performance organizations
Are organizations operating in professional art performances established by competent authorities with a decision to establish, established according to the provisions of the Enterprise Law and Decree No. 73/1999/NĐ-CP dated August 19, 1999 of the Government, including:
1. Publicly-owned professional art performance organizations include those established by Ministries, agencies equivalent to Ministries, agencies under the Government, and People's Committees of provinces and centrally-administered cities.
2. Non-publicly-owned professional art performance organizations include:
2.1. Organizations established and operated in accordance with the Enterprise Law;
2.2. Art organizations established and operated according to Decree No. 73/1999/NĐ-CP dated August 19, 1999 of the Government on policies encouraging socialization in education, healthcare, culture, and sports activities.
3. Professional art performance organizations belonging to professional associations and specialized training institutions for performing arts.
Article 8. Professional art performance organizing organizations
Are organizations operating in professional art performance organizing activities established by competent authorities with a decision to establish or established according to the provisions of the Enterprise Law, including:
1. Publicly-owned professional art performance organizing organizations include those established by Ministries, agencies equivalent to Ministries, agencies under the Government, and People's Committees of provinces and centrally-administered cities.
2. Non-publicly-owned professional art performance organizing organizations include organizations established and operated in accordance with the Enterprise Law.
Article 9. Subjects eligible for professional art performance organizing activities
1. Publicly-owned professional art performance organizing organizations include:
1.1. Professional art performance organizations listed in Clause 1 of Article 7 of this Regulation;
1.2. Professional art performance organizing organizations listed in Clause 1 of Article 8 of this Regulation.
2. Non-publicly-owned professional art performance organizing organizations include:
2.1. Professional art performance organizations established and operated in accordance with the Enterprise Law as stipulated in Point 2.1, Clause 2 of Article 7 of this Regulation;
2.2. Professional art performance organizations established and operated according to Decree No. 73/1999/NĐ-CP dated August 19, 1999 of the Government on policies encouraging socialization in education, healthcare, culture, and sports as stipulated in Point 2.2, Clause 2 of Article 7 of this Regulation;
2.3. Professional art performance organizing organizations established and operated in accordance with the Enterprise Law as stipulated in Clause 2 of Article 8 of this Regulation.
3. Professional art performance organizations belonging to professional associations and specialized training institutions for performing arts as stipulated in Clause 3 of Article 7 of this Regulation.
4. Other subjects organizing professional art performances not for business purposes but for internal use include:
4.1. Venue owners (hotels, restaurants, guesthouses, food and beverage shops, public entertainment venues);
4.2. State agencies, economic organizations, political, cultural, and social organizations.
Article 10. Conditions for organizing professional artistic performances of the subjects specified in Clauses 1, 2, and 3 of Article 9 of this Regulation
1. Possess a performance permit for programs, acts, and plays issued by the Department of Performing Arts or the Provincial Department of Culture, Sports and Tourism, according to the management hierarchy stipulated in Articles 20 and 21 of this Regulation.
2. Possess a performance reception certificate from the Provincial Department of Culture, Sports and Tourism at the location where the professional artistic performance is organized.
Article 11. Conditions for organizing professional artistic performances of the subject specified in Clause 4 of Article 9 of this Regulation
1. Venue owner (as specified in Point 4.1 of Clause 4 of Article 9 of this Regulation):
1.1. Only organize performances at registered business locations for programs, acts, and plays that have been permitted for dissemination.
1.2. In the program performed at the registered business location, if there are participants as specified in Article 16 of this Regulation who perform programs, acts, and plays that have been allowed to enter Vietnam for performance by the Department of Performing Arts or the Provincial Department of Culture, Sports and Tourism, according to the management hierarchy stipulated in Articles 20 and 21 of this Regulation, must submit registration to the local Provincial Department of Culture, Sports and Tourism at least three working days before the performance.
1.3. Do not advertise about artistic performances; do not sell tickets or collect money in any form.
1.4. Noise level during performance:
- For venues located in urban areas (towns, cities): noise levels outside the performance area must not exceed the maximum allowable noise level standard according to Vietnamese Standard (TCVN number 5949 - 1998).
- For other venues, ensure that noise does not interfere with normal activities of surrounding organizations, units, and residents.
2. State agencies, economic, political, cultural, and social organizations (as specified in Point 4.2 of Clause 4 of Article 9 of this Regulation):
2.1. May organize professional artistic performances for internal purposes but may not advertise; may not sell tickets or collect money in any form; in the program, if there are participants as specified in Article 16 of this Regulation performing programs, acts, and plays that have been allowed to enter Vietnam for performance by the Department of Performing Arts or the Provincial Department of Culture, Sports and Tourism, according to the management hierarchy stipulated in Articles 20 and 21 of this Regulation, must submit registration documents to the local Provincial Department of Culture, Sports and Tourism at least three working days before the performance.
2.2. If organizing professional artistic performances for profit with the aim of serving society and charity, must comply with the provisions of Article 10 of this Regulation and related regulations on professional artistic performances.
Chapter III
RIGHTS AND OBLIGATIONS OF ARTISTIC UNITS, ORGANIZERS OF PROFESSIONAL ARTISTIC PERFORMANCES, AND PROFESSIONAL PERFORMERS
Article 12. Rights and obligations of artistic units; organizers of professional artistic performances
1. Rights:
1.1. Organize artistic performances and be protected by the state in their artistic creation rights before the public both domestically and internationally according to the law.
1.2. Legally earn financial income through professional artistic labor.
1.3. Independently build professional artistic performance programs.
1.4. Use works according to the law on copyright.
1.5. Mobilize legitimate financial resources for professional artistic performance activities.
1.6. Select and train performers.
2. Obligations:
2. Obligations:
2.1. Participate in artistic performances serving politics, society, and charity as required by the Department of Performing Arts or the Provincial Department of Culture, Sports and Tourism.
2.2. Ensure the quality of the artistic programs that have been granted performance permits. In special cases requiring changes or additions to the program, approval from the issuing authority or the Provincial Department of Culture, Sports and Tourism at the location of the performance must be obtained.
2.3. Ensure security and order during the organization of artistic performances.
2.4. Upon discovering violations during the performance that negatively impact national security, economy, politics, culture, and society, stop the performance and report to the issuing authority (in case of performances abroad, report to the Embassy or diplomatic mission of Vietnam).
2.5. Fulfill tax obligations, copyright laws, advertising regulations, and relevant regulations in this Regulation and other laws related to professional artistic performance activities.
Article 13. Rights and Obligations of Professional Actors
1. Rights:
1.1. Enjoy the rights of performers as stipulated by the Law on Copyright and other regulatory legal documents related to professional artistic performances;
1.2. Be protected by the State for their artistic creation rights before the public both domestically and internationally as prescribed by law;
1.3. Earn financial income from lawful professional artistic labor;
1.4. Mobilize financial resources according to the provisions of law for professional artistic performances;
1.5. Perform professional artistic performances abroad after approval by the competent authority;
1.6. Be provided by the State with conditions to enhance political, vocational, and cultural levels;
1.7. Enjoy other material and spiritual benefits according to the current regime of the State;
2. Obligations:
2. Obligations:
2.2. Continuously study politics, culture, and professional skills to constantly improve their level to serve the people;
2.3. Fulfill tax obligations, the provisions of the Law on Copyright, advertising, and the regulations set forth in this Charter. When performing artistic activities abroad, they must comply with Decree No. 72/2000/NĐ-CP dated December 5, 2000, of the Government on the publication and dissemination of works abroad, Vietnamese laws, and local laws of the host country regarding residence, travel, and other relevant laws concerning professional artistic performances;
2.4. In cases where they go abroad for purposes other than professional artistic performances and subsequently participate in such activities, they must comply with the provisions of Clause 5, Article 15 of this Charter. Within ten days of returning to Vietnam, actors must report their performance programs, acts, and plays performed abroad to the Performing Arts Administration Bureau or the Department of Culture and Information at the place of permanent residence or temporary registration as specified in Articles 20 and 21 of this Charter;
CHAPTER IV
PROFESSIONAL ARTISTIC PERFORMANCES AND ORGANIZATION OF SUCH PERFORMANCES WITH FOREIGN ELEMENTS
PROFESSIONAL WITH FOREIGN ELEMENT
Article 14. Activities of Professional Artistic Performances and Organization of Such Performances with Foreign Elementsi
1. Professional artistic performances activities:
1.1. Art units and actors from Vietnam performing professional artistic performances abroad;
1.2. Art units and foreign actors and actors who are Vietnamese citizens residing abroad performing professional artistic performances in Vietnam.
2. Activities of organizing professional artistic performances:
2.1. Organizing for art units and actors from Vietnam to perform professional artistic performances abroad;
2.2. Organizing for foreign art units and actors to perform professional artistic performances in Vietnam;
2.3. Organizing for Vietnamese actors residing abroad to return to Vietnam to perform professional artistic performances;
2.4. Organizing for foreigners living in Vietnam to perform professional artistic performances;
2.5. Organizing professional artistic performances in Vietnam by foreign organizations and international organizations operating legally within the territory of Vietnam.
Article 15. Conditions for organizing artistic units and Vietnamese performers to perform professional art abroad
1. Having an invitation letter from foreign partners or domestic partners.
2. Submitting a request letter accompanied by a list of participants (clearly stating full names, positions, occupations) and the content of the program, items, and plays to be performed abroad.
3. Having a contract or agreement with foreign partners.
4. Place to submit application: The unit shall submit the application (including the documents specified in Clauses 1, 2, and 3 of this Article) to the Department of Performing Arts or the Department of Culture and Information according to the management hierarchy stipulated in Articles 20 and 21 of this Regulation.
5. In cases where performers go abroad for other purposes and then participate in professional art performances, they must carry out the following:
5.1. Completing additional procedures or changing the purpose of entry at the visa issuing authority in the host country;
5.2. Submitting a report letter to the Embassy or diplomatic representative of Vietnam in the host country, clearly stating: full name, phone number, personal address for contact; content of the program, items, and plays; address of the organization hosting the performance; time and location of the performance.
Article 16. Conditions for organizing foreign artistic units and performers to perform professional art in Vietnam
1. Foreign artistic units and performers:
1.1. Having a request letter from a Vietnamese professional art performance organizing unit, accompanied by the content of the program, items, and plays, and a list of participants (clearly stating full names, positions, occupations);
1.2. Having a contract or written agreement between the Vietnamese professional art performance organizing unit and the inviting partner;
1.3. Sending tapes, discs (Video - VCD - DVD) recording the program, items, and plays to be performed in Vietnam (when required by the licensing authority).
2. Performers who are Vietnamese citizens residing abroad:
2.1. Meeting the conditions stipulated in Points 1.1 and 1.2 of Clause 1 of this Article;
2.2. Having a written opinion from the Embassy or diplomatic representative of Vietnam in the host country regarding the performer's return to Vietnam for performance.
3. Performers who are foreigners residing in Vietnam:
3.1. Having a request letter from a Vietnamese professional art performance organizing unit;
3.2. Having a contract or written agreement between the Vietnamese professional art performance organizing unit and the inviting partner.
4. Place to submit application:
4.1. Organizations for foreign artistic units and performers, and foreigners residing in Vietnam (as stipulated in Clause 1 and Clause 3 of this Article) shall submit applications to the Department of Performing Arts or the Department of Culture and Information according to the management hierarchy stipulated in Articles 20 and 21 of this Regulation;
4.2. Organizations for Vietnamese citizens residing abroad (as stipulated in Clause 2 of this Article) shall submit applications to the Department of Performing Arts.
Article 17. Conditions for organizing professional art performances by foreign organizations and international organizations operating legally on Vietnamese territory
1. Professional art performance organizations at registered locations must carry out the following:
1.1. Submitting registration documents for the time and content of the program, items, and plays to the Department of Culture and Information at the location of the activity;
1.2. Submitting registration at least five working days before organizing the performance.
2. Professional art performance organizations outside registered locations must carry out the following:
2.1. Through a Vietnamese unit with the function of organizing professional art performances;
2.2. Having a public performance permit for the program, items, and plays issued by the Department of Performing Arts or the Department of Culture and Information according to the management hierarchy stipulated in Articles 20 and 21 of this Regulation;
2.3. Having a reception permit for performance issued by the local Department of Culture and Information where the unit organizes the professional art performance.
3. Programs involving foreign artistic units and performers, foreigners residing in Vietnam, or Vietnamese citizens residing abroad participating in professional art performances must comply with the provisions of Article 16 of this Regulation.
Article 18. Rights and Obligations of Art Units, Foreign Actors, Foreign Nationals Residing in Vietnam, and Vietnamese Actors Abroad Performing Professional Arts in Vietnam
1. Rights:
1.1. To earn financial income through lawful professional artistic labor;
1.2. To use works in accordance with the provisions of the Law on Copyright;
1.3. To mobilize lawful financial resources for professional artistic performance activities;
1.4. To be protected by the Government of Vietnam and provided favorable conditions to perform professional arts before the public in accordance with Vietnamese laws and international treaties to which Vietnam is a party;
1.5. To have their legitimate rights protected by competent authorities in accordance with current Vietnamese laws.
2. Obligations: To fulfill the terms of the signed contracts, comply with the regulations set forth in this Regulation and other relevant laws governing professional artistic performance activities in Vietnam.
Chapter V
MANAGEMENT OF PROFESSIONAL ART PERFORMANCE ACTIVITIES
Article 19. Hierarchical Management
1. The Ministry of Culture, Sports and Tourism is the agency assigned by the Government to carry out state management functions over professional art performance activities nationwide, with responsibilities and powers as follows:
1.1. To manage all professional art performance activities nationwide;
1.2. To permit central art units and actors belonging to central art units to go abroad; and to permit central art units and organizations arranging professional art performances to invite foreign art units and actors to perform professional arts in Vietnam;
1.3. To permit Vietnamese art units and organizations arranging professional art performances to invite Vietnamese actors residing abroad to return to Vietnam to perform professional arts;
1.4. To suspend the operation of programs, acts, plays, and actors who intentionally violate the provisions of this Regulation and related legal documents.
2. The Department of Performing Arts is responsible to the Ministry of Culture, Sports and Tourism for carrying out state management functions over professional art performance activities nationwide.
3. People's Committees of provinces and centrally-administered cities shall implement state management over professional art performance activities in their respective localities, with responsibilities and powers as follows:
3.1. To manage all art performance activities in their locality;
3.2. To permit art units and actors from their locality to go abroad; and to permit art units and organizations arranging professional art performances to invite foreign art units and actors to perform professional arts in their locality.
4. Departments of Culture, Sports and Tourism assist the People's Committees of provinces and centrally-administered cities in managing state functions over professional art performance activities within the province or centrally-administered city.
5. Ministries, agencies at the level of ministries, and government-affiliated economic, political, cultural, and social organizations manage professional art performance activities of their subordinate units.
Article 20. Responsibilities and Authorities of the Department of Performing Arts
1. Approve and issue performance permits for programs, acts, and plays within the country that involve foreign elements for the following entities:
1.1. Performing arts units and professional performing arts organizing units under the Ministry of Culture, Sports and Tourism, other ministries, ministerial-level agencies, and government-affiliated agencies;
1.2. Professional performing arts units under professional associations, specialized training institutions, and central-level political, cultural, and social organizations.
2. Propose personnel and develop large-scale domestic artistic programs and organize performances abroad at the request of the Ministry of Culture, Sports and Tourism. 3. Request the Ministry of Culture, Sports and Tourism to suspend activities of performing arts units, programs, acts, and plays, and performers who intentionally violate this Regulation and related regulations.
4. Receive applications and seek opinions from competent authorities before submitting to the Ministry of Culture, Sports and Tourism for permission for central-level performing arts units and central-level performers to perform professional artistic shows abroad.
5. Receive applications and seek opinions from competent authorities before submitting to the Ministry of Culture, Sports and Tourism for permission:
5.1. Central-level professional performing arts organizing units inviting foreign performing arts units and performers to perform professional artistic shows in Vietnam;
5.2. Vietnamese professional performing arts organizing units inviting Vietnamese performers residing abroad to perform professional artistic shows nationwide.
6. Coordinate with the Inspectorate of the Ministry of Culture, Sports and Tourism to inspect and supervise the implementation of the Regulation on professional performing arts activities and relevant laws concerning professional performing arts activities nationwide.
Article 21. Responsibilities and Authorities of the Department of Culture and Information
1. Approve and issue performance permits for programs, acts, and plays within the country that involve foreign elements for the following entities:
1.1. Performing arts units and professional performing arts organizing units under localities;
1.2. Professional performing arts units under professional associations and specialized training institutions in localities;
1.3. State agencies, economic, political, cultural, and social organizations located in localities without the function of organizing performing arts wishing to organize professional performing arts for revenue purposes aimed at serving social and charitable work (except cases within the licensing authority of the Department of Performing Arts as stipulated in point 1.2, Clause 1, Article 20 of this Regulation);
1.4. Approve and issue performance permits for programs, acts, and plays for performing arts units and performing arts organizing units authorized by the Department of Performing Arts.
2. Receive registration for organizing performing arts (if不同意就用书面形式回复并说明理由) for the following entities:
2.1. Foreign organizations; international organizations legally operating in Vietnam with their headquarters in the locality organizing professional performing arts as stipulated in point 2.5, Clause 2, Article 14 of this Regulation;
2.2. Entities stipulated in Clause 4, Article 9 of this Regulation organizing professional performing arts for the entities stipulated in Clauses 1, 2, and 3, Article 16 of this Regulation.
3. Issue performance reception certificates and advertising permits for performing arts units and professional performing arts organizing units already granted performance permits by the Department of Performing Arts or provincial Departments of Culture and Information to perform in the locality.
4. Receive applications and seek opinions from competent authorities before submitting to the People's Committee of the province or centrally-administered city for permission:
4.1. Local performing arts units and performers going abroad to perform professional artistic shows;
4.2. Foreign performing arts units and performers coming to the locality to perform professional artistic shows;
5. Receive applications and permit foreigners residing in the locality to perform professional artistic shows in the area.
6. Inspect and supervise the implementation of the Regulation on professional performing arts activities and relevant laws concerning professional performing arts activities in the area.
7. Report annually to the Department of Performing Arts by December on professional performing arts activities involving foreign elements managed by the locality for monitoring.
Article 22. Procedures and Time for Issuing Performance Licenses
1. Artistic performance units and professional art performance organizing units applying for performance licenses for programs, acts, or plays shall submit their application files to the Department of Performing Arts or the Department of Culture and Information according to the management levels specified in Articles 20 and 21 of this Regulation. The file includes:
1.1. An application for permission to perform the program, act, or play clearly stating the name of the program, act, or play, the time, and the location of the performance;
1.2. A summary of the content of the program, act, or play, along with a list of authors, directors, choreographers, musicians, artists, and performers participating;
1.3. In cases where foreign artistic units or performers participate in the program, act, or play, there must be a decision allowing entry into Vietnam for professional art performances issued by the Ministry of Culture and Information or the People's Committee of provinces or centrally-administered cities according to the management levels specified in Article 19 of this Regulation;
1.4. In cases where Vietnamese performers residing abroad participate in the program, act, or play, there must be a decision allowing entry into Vietnam for professional art performances issued by the Ministry of Culture and Information;
1.5. Artistic units established and operating under Decree No. 73/1999/ND-CP of the Government, and artistic units and professional art performance organizing units established and operating under the Enterprise Law must submit a notarized copy of the establishment decision or business registration certificate.
2. Within five working days from the date of receiving complete and valid files, the Department of Performing Arts or the Department of Culture and Information shall be responsible for reviewing and issuing performance licenses for programs, acts, or plays. In cases where a license is not granted, the unit requesting the license must be informed in writing with the reasons provided.
Article 23. Effectiveness of the License
The performance license for programs, acts, or plays issued by the Department of Performing Arts or the Department of Culture and Information according to the provisions of Articles 20 and 21 of this Regulation shall be effective nationwide, except in cases where the license restricts the scope of performance.
Chapter VI
INSPECTION, AUDIT AND VIOLATION HANDLING
Article 24. Responsibilities and Authorities of Inspectors
1. Inspectors of the Ministry of Culture and Information are responsible for inspecting and auditing the implementation of the Regulations on Professional Art Performances and related laws concerning professional art performances, handling violations within their authority nationwide.
2. Inspectors of the Department of Culture and Information are responsible for inspecting and auditing the implementation of the Regulations on Professional Art Performances and related laws concerning professional art performances, handling violations within their authority in their respective localities.
Article 25. Handling Violations
1. Artistic performance units, professional art performance organizing units, and professional performers who violate the provisions of this Regulation and related laws concerning professional art performances will be subject to administrative penalties or criminal prosecution depending on the nature and severity of the violation as stipulated by law.
2. State agencies with inspection and audit authority must fulfill their functions and powers properly. Any organization or individual who abuses their position or power in granting permits, inspections, audits, or decisions on penalties causing material or spiritual damage to artistic units or professional performers will be subject to administrative penalties or criminal prosecution depending on the nature and severity of the violation as stipulated by law.
Chapter VII
ARTICLE TRANSITION PROVISIONS
Article 26. Effectiveness of the Regulation
This Regulation shall take effect fifteen days from the date of publication in the Official Gazette and shall supersede the Professional Performing Arts Activities Regulation issued together with Decision No. 32/1999/QĐ-BVHTT dated April 29, 1999, of the Minister of Culture and Information./.
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