Decision No. 55/1999/QD-BVHTT on the regulations for production, export, import, circulation, and business of audio tapes, audio discs, video tapes, video discs, music and stage performances.

Pursuant to …;

Issuing regulations on production, export, import, circulation, and business of audio tapes, sound discs, video tapes, music and stage performance discs.

sound, sound discs, video tapes, music and stage performance DVDs

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

To strengthen the effectiveness of state management over the production, export, import, circulation, and business of audio tapes, sound discs, video tapes, music and stage performance discs;

At the request of the Director of the Legal Department,

Pursuant to …;

Article 1. Attached to this Decision is the "Regulation on Production, Export, Import, Circulation, and Business of Audio Tapes, Sound Discs, Video Tapes, Music and Stage Performance Discs."

Article 2. The regulation attached to this Decision shall take effect fifteen days from the date of signature.

The temporary regulation on the management of musical activities issued together with Decision No. 1709/VH-QĐ dated October 11, 1989 of the Minister of Culture, Document No. 2137/CV-VP dated July 27, 1994 of the Ministry of Culture and Information, and other provisions previously issued by the Ministry of Culture and Information that conflict with the Regulation attached to this Decision shall all become invalid from the date the Regulation attached to this Decision takes effect.

Article 3. The Director of the Ministry's Office, the Inspector General of the Ministry, the Directors of the Performing Arts Department, the Film Department, the Publishing Department, the Directors of Provincial Departments of Culture and Information, and the Heads of units under the Ministry of Culture and Information related to this matter are responsible for implementing the Regulation attached to this Decision.

REGULATIONS

Production, export, import, circulation, and business of audio tapes,

sound discs, video tapes, music and stage performance discs

(Issued together with Decision No. 55/1999/QĐ-BVHTT dated August 5, 1999

of the Minister of Culture and Information)

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Chapter 1

GENERAL PROVISIONS

Article 1. This Regulation governs the production, export, import, circulation, and business of audio tapes (cassettes), sound discs (CD, CD-ROM), video tapes (video tapes), music and stage performance discs (VCD, DVD, CD-ROM), and other types of tapes and discs containing music and stage performance content, hereinafter referred to collectively as music and stage performance tapes and discs.

The music content referred to in this Regulation includes: singing, dancing, instrumental music, Karaoke.

The stage performance content referred to in this Regulation includes: various forms of stage performances.

The subjects producing, exporting, importing, circulating, and doing business with tapes and discs must comply with relevant provisions in Decree No. 87/CP dated December 12, 1995 of the Government on strengthening cultural activities and cultural services management, promoting the eradication of serious social evils, the provisions in this Regulation, and other related laws.

Article 2. The State encourages the production, export, import, circulation, and business of tapes and discs with healthy content and high technical quality to meet the cultural enjoyment needs of the people and expand cultural exchanges with other countries.

Article 3. Strictly prohibited are the following acts:

1. Production of tapes and discs with content:

a) Opposing the Socialist Republic of Vietnam; undermining the unity of the entire people;

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

c) Revealing secrets of the Party, State, military, security, economy, foreign relations; personal privacy of citizens and other secrets prescribed by law.

d) Distorting history, denying revolutionary achievements, insulting national heroes and martyrs, defaming the reputation of organizations, and damaging the dignity and personality of citizens.

2. Using Vietnamese songs composed before 1945 nationwide, before 1954 in temporarily occupied areas, and before 1975 in the South to produce tapes and discs without permission from the Ministry of Culture and Information.

Chapter 2

PRODUCTION, EXPORT, IMPORT OF MUSIC AND STAGE PERFORMANCE TAPES AND DISCS

Article 4.

1. State agencies, economic organizations, political organizations, political-social organizations, social organizations, armed forces units (hereinafter referred to collectively as organizations) wishing to produce tapes and discs for commercial purposes must meet the following conditions and procedures:

a) Conditions:

- Having a business registration for tape and disc production (for economic organizations);

- Having the function of tape and disc production as defined by the supervising agency (for organizations with a supervising agency);

- Having an editor with appropriate political and professional qualifications according to the job title and standards for editors.

b) Procedures:

Central organizations send their application to the Performing Arts Department.

Local organizations send their application to the local Department of Culture and Information.

In the application, clearly state:

- Program name;

- Work name, author (if there are multiple works, list them in order);

- Author's address at the time of application (for authors residing abroad);

- A summary of the program content (for stage performance programs);

- Editor's name;

- Type of implementation (clearly specify the type: cassette tape, video tape, CD, VCD, DVD, CD-ROM, or another type);

- Commitment to bear legal responsibility for the content of the program produced by themselves;

2. Organizations wishing to produce tapes and discs for non-commercial circulation must follow the procedures stipulated in point b, clause 1 of this article and comply with the provisions in clauses 1 and 3 of Article 9 of this Regulation.

3. Within ten days from receiving the application, the Performing Arts Department or the Department of Culture and Information will review and issue a permit. If an extension is necessary, it shall not exceed twenty days from the date of receipt of the application. If the application is rejected, a written response with clear reasons must be provided.

Article 5.

1. Organizations producing tapes and discs may only produce programs after obtaining a permit from the Performing Arts Department or the Department of Culture and Information.

2. When producing tapes and discs, the producing organizations must comply with the following regulations:

a) The content of each program on tapes and discs must match the issued permit; prohibited performers may not be used to produce the program;

b) Fully implement the provisions on copyright in Chapter I of Part Six of the Civil Code;

c) Ensure the quality of images and sounds on tapes and discs;

d) If sending products for overseas processing, approval from the Ministry of Culture and Information (Planning Department) is required;

đ) Bear legal responsibility for the content of tapes and discs produced by themselves;

e) At least seven days before issuance, two copies must be submitted for deposit to the Department of Performing Arts, the National Library, and the Department of Culture and Information that granted permission for each program's production. (For video tapes, there is no need to submit for deposit to the National Library).

f) Organizations that are public service units producing tapes and discs for business purposes must register and pay taxes at the local tax authority according to regulations.

3. For Publishers producing tapes and discs, sending tapes and discs abroad for processing, the submission for deposit shall be carried out in accordance with the provisions of the Law on Publishing; upon issuance, labels for control must be affixed to each tape and disc according to the provisions of Clause 1 and Point 3, Article 9 of this Regulation.

Article 6.

1. Conditions and procedures for establishment and operation of agencies and institutions receiving music tapes and discs, stage performance tapes and discs shall be implemented in accordance with the provisions of the Regulation on Circulation, Business of Films, Video Discs, Music Tapes and Discs, Sale and Rental of Publications; Cultural Activities and Public Cultural Services; Advertising, Signage issued together with Decree No. 87/CP dated December 12, 1995 of the Government.

2. Strictly prohibited is the activity of reproducing tapes and discs without the permission of the competent state management agency or without the consent of the copyright owner.

Article 7.

1. Enterprises with the function of importing music tapes and discs, stage performance tapes and discs when importing tapes and discs must comply with the provisions of the law on importation and the following specific provisions:

a) Central organizations importing tapes and discs must obtain permission from the Department of Performing Arts (Ministry of Culture and Information);

b) Local organizations importing tapes and discs must obtain permission from the local Department of Culture and Information;

c) The import plan or application for emergency import must clearly state:

- Program name;

- Name of the work, author (if the program contains multiple works, the order of the works must be clearly stated), name of the performing artist;

- Type of import (clearly specify the type: cassette tape, video tape, CD, VCD, DVD, CD-ROM or other types);

- Quantity requested for import;

- Port where import procedures will be conducted;

d) They are responsible under the law for the content of the programs they import.

đ) At least seven days before issuing imported tapes and discs, enterprises must submit two copies for deposit to the Department of Performing Arts, the National Library, and the Department of Culture and Information that granted permission for import for each program.

2. Within ten days from the date of receipt of the import plan (or application), the Department of Performing Arts or the Department of Culture and Information must respond. In cases requiring an extension of time, it shall not exceed twenty days from the date of receipt of the import plan (or application). If permission is denied, a written response detailing the reasons must be provided.

3. Organizations and individuals importing music tapes and discs, stage performance tapes and discs not for business purposes must comply with the provisions of the law on importing cultural products not for business purposes.

Article 8.

Exporting music tapes and discs, stage performance tapes and discs shall be carried out in accordance with the provisions of the law on export.

Chapter 3

CIRCULATION AND BUSINESS OF MUSIC TAPES AND DISCS, STAGE PERFORMANCE TAPES AND DISCS

Article 9.

1. Organizations producing tapes and discs (including Publishers), enterprises importing tapes and discs for business purposes must submit a written request to the Department of Performing Arts for a label for control to sell tapes and discs separately before issuing them. The request must clearly state:

a) Program name;

b) Program content;

c) Copies of the following documents:

- Distribution permit issued by the Department of Culture and Information or the Department of Performing Arts;

- Approval of publication plan for Publishers;

d) Number of labels required for the tapes and discs.

2. Within seven days from the date of receipt of the request, the Department of Performing Arts is responsible for issuing labels to the requesting entity. In case the content of the tapes and discs violates the prohibitions set forth in Article 3 of this Regulation, the Department of Performing Arts will handle it according to the authority stipulated in Point b, Clause 2, Article 11 of this Regulation.

3. Labels affixed to tapes and discs must contain all printed items. The organization receiving the label is responsible for managing its use. A label issued for a particular program may only be affixed to tapes and discs corresponding to that program.

4. Tapes and discs with control labels attached can be circulated domestically and internationally, except in cases where they have been banned from circulation after selling the labels.

Article 10.

1. Organizations and individuals wishing to open stores to sell tapes and discs must meet the following conditions and procedures:

a) Conditions:

- The location of the store must be legally owned by the person named as the business operator.

- There must be means for customers to check the quality of tapes and discs at the store;

b) Procedures:

Organizations and individuals wishing to open stores to sell tapes and discs must register their business according to the law. Only after obtaining a business registration can they operate.

2. Organizations and individuals engaged in the business of tapes and discs are responsible under the law for the content of the tapes and discs they sell.

3. Strictly prohibited are the following actions:

- Extracting and combining content from tapes and discs for business purposes;

- Adding or removing images and sounds to alter the program of tapes and discs already permitted for circulation;

- Selling tapes and discs produced, imported, or reproduced illegally, or tapes and discs without labels.

Chapter 4

STATE MANAGEMENT, INSPECTION, AUDIT AND HANDLING OF VIOLATIONS

Article 11.

1. The Ministry of Culture and Information uniformly manages state activities related to the production, export, import, circulation, and business of music tapes and discs, stage performance tapes and discs nationwide.

2. The Department of Performing Arts is responsible to the Ministry of Culture and Information for implementing:

a) Issuing permits for the production and distribution of music tapes and discs, stage performance tapes and discs by central organizations;

b) Receiving and inspecting tapes and discs for deposit from production and import organizations nationwide; if the content of the tapes and discs violates the prohibitions set forth in Article 3 of this Regulation, it will decide to prohibit distribution, not issue labels for the tapes and discs, and report to the Ministry of Culture and Information;

c) Distributing control labels for tapes and discs permitted for distribution;

d) Cooperating with relevant agencies to guide, inspect, and audit the implementation of laws and regulations concerning the production, export, import, circulation, and business of music tapes and discs, stage performance tapes and discs.

3. The Planning Department shall be responsible to the Ministry of Culture and Information for permitting domestic organizations producing tapes and discs to send them abroad for processing, except in cases where tapes and discs of Publishers are sent abroad for processing.

4. The Publishing Department shall be responsible to the Ministry of Culture and Information for managing the production of tapes and discs by Publishers in accordance with the provisions of the Publishing Law and related provisions in this Regulation.

5. The Department of Culture and Information shall be responsible to the People's Committee of the province for implementing:

a) Issuing permits for the production and distribution of tapes and discs produced and imported by local organizations;

b) Receiving and inspecting the master copies of tapes and discs of organizations permitted by itself to produce and import; in case of discovering contents that violate the prohibitions stipulated in Article 3 of this Regulation, it shall decide to prohibit their distribution and immediately report to the Ministry of Culture and Information (Performing Arts Administration) and the People's Committee of the province;

c) Directing, inspecting, and supervising the activities of producing, exporting, importing, circulating, and trading music tapes and discs, theatrical discs in the locality within its authority.

6. Those authorized to permit the production, export, import, distribution of tapes and discs, sending discs abroad for processing, and issuing labels to be affixed on tapes and discs shall be responsible under the law for the contents of tapes and discs they permit or label.

Article 12.

1. The specialized inspection agency of the Ministry of Culture and Information shall cooperate with relevant agencies to conduct inspections on the implementation of regulations concerning the production, export, import, circulation, and trading of music tapes and discs, theatrical discs throughout the country and handle violations according to their authority.

2. The specialized inspection agency of the Department of Culture and Information shall cooperate with relevant agencies to conduct inspections on the implementation of regulations concerning the production, export, import, circulation, and trading of music tapes and discs, theatrical discs in the locality and handle violations according to their authority.

Article 13. Entities engaged in the production, export, import, circulation, and trading of music tapes and discs, theatrical discs shall be responsible for complying with the provisions of this Regulation and other relevant laws; if there are violations, they will be subject to administrative penalties or criminal prosecution depending on the nature and severity of the violation.

Article 14. Organizations and individuals who abuse their positions or powers in granting permits or conducting inspections and supervision contrary to the law, causing damage to the legitimate interests of producers, exporters, importers, distributors, and traders of tapes and discs, shall be subject to disciplinary action, compensation for damages, or criminal prosecution depending on the nature and severity of the violation.

Chapter 5

IMPLEMENTING PROVISIONS

Article 15. This Regulation takes effect fifteen days after the date of signature.

As of September 15, 1999, all types of music tapes and discs, theatrical discs without the Performing Arts Administration's control label shall not be allowed to circulate or trade.

The Interim Regulation on the Management of Music Activities, issued together with Decision No. 1709/VH-QĐ dated October 11, 1989 by the Minister of Culture, Circular No. 2137/CV-VP dated July 27, 1994 by the Ministry of Culture and Information, and previous regulations issued by the Ministry of Culture and Information that contradict this Regulation shall become invalid from the date this Regulation takes effect.