Decree No. 72/2016/ND-CP on Photography Activities

DECREE

ON PHOTOGRAPHIC ACTIVITIES

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Legislative Documents dated June 22, 2015;

At the proposal of the Minister of Culture, Sports and Tourism;

The Government promulgates the Decree on photography activities.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the activities of photography and state management over such activities.

Article 2. Applicability

This Decree applies to agencies, organizations, individuals of Vietnam and foreign organizations and individuals participating in photographic activities in Vietnam.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Photographic activities include: Promoting creation, organizing creative camps, contests, festivals, exhibitions, buying, selling, and using photographic works.

2. A photographic author is the person who creates a photographic work.

3. Co-authors of photography are two or more authors who jointly create a photographic work.

4. A photographic work is a creative product that reflects images of the objective world on light-sensitive materials or on media where images are created or can be created through chemical, electronic, or other technical methods. A photographic work may have captions or may not have captions.

5. Medium conversion is the form of using a photographic work to express it in a different medium than the original medium.

6. Combination with other art forms is the form of using part or all of a photographic work to create products belonging to art forms such as fine arts, theater, cinema, and other art forms.

7. Photographic work contest is an activity of selecting and announcing photographic works, with awards, including online photographic work contests.

8. Photographic work exhibition is an activity gathering, publishing, and exhibiting, exchanging, displaying photographic works, with or without awards, including online photographic work exhibitions.

9. Photographic work exhibition is a form of popularizing, introducing, displaying, and projecting photographic works, including online photographic work exhibitions.

10. Encouragement of creation of photographic works is an activity encouraging the creation of photographic works with specific themes and purposes, with or without awards, including online encouragement of creation of photographic works.

11. Photographic creative camp is a place where photographic authors gather to create works under the same purpose and theme organized by agencies, organizations, or individuals.

Article 4. Rights of organizations and individuals when participating in photographic activities

1. To engage in the creation of photographic works within the territory of the Socialist Republic of Vietnam in accordance with the law.

2. To participate in photographic activities in accordance with the law.

3. To enjoy policies of the State in photographic activities as stipulated in Article 6 of this Decree.

4. To be protected by the State for copyright and related rights to photographic works in accordance with the law.

5. Other rights as prescribed by law.

Article 5. Responsibilities of organizations and individuals when participating in photography activities

1. Not to propagate against the Socialist Republic of Vietnam; not to undermine the unity of the national community.

2. Not to disclose secrets of the Party, State, military secrets, security secrets, economic secrets, foreign affairs secrets, personal privacy secrets, and other secrets prescribed by law.

3. Not to incite wars of aggression, hatred among ethnic groups and peoples of different countries; not to disseminate reactionary thoughts.

4. Do not alter, combine photographic works in a way that distorts the content of the image for the purpose of distorting history, denying revolutionary achievements; do not offend great men, national heroes, leaders, cultural figures; do not defame, harm the reputation of agencies, organizations, the honor and dignity of individuals.

5. Do not violate regulations on civilized living habits, traditional customs, security, public order; do not promote violence, criminal acts, social evils harmful to health, destruction of the ecological environment, and other violations of laws.

6. Not to purchase, sell, use, or disseminate photographic works that violate the law or have been decided to be suspended from circulation, banned, recalled, confiscated, or destroyed by competent state authorities.

7. To comply with legal provisions regarding copyright, related rights, and individual rights over images.

8. To organize exhibitions of photographic works according to the content approved by the permit.

Chapter II

STATE MANAGEMENT OF PHOTOGRAPHY ACTIVITIES

Article 6. State policy on photography activities

1. The State invests and supports creation, commissions creation, collects, and stores valuable photographic works to serve tasks of building and defending the country.

2. The State encourages domestic and foreign organizations and individuals to participate in photography activities and develop the photography market according to the provisions of the law; encourages the application of modern technology in photography activities.

3. Based on the socio-economic situation at each period, the State has policies to support and invest in photography activities.

Article 7. Content of state management of photography activities

1. To build and implement strategies, plans, and programs for photography activities.

2. To manage and direct scientific research, training, development, and professional capacity building for photography activities.

3. To manage and organize international exchanges and cooperation in photography activities.

4. To issue and revoke permits for photographic work exhibitions.

5. To carry out commendation and reward activities in photography.

6. To inspect, supervise, handle complaints and denunciations, and deal with violations in photography activities in accordance with the law.

Article 8. State management agencies for photography activities

1. The Government uniformly manages state administration of photography activities.

2. The Ministry of Culture, Sports and Tourism is responsible before the Government for implementing state administration of photography activities.

3. Ministries, ministerial-level agencies, and government agencies cooperate with the Ministry of Culture, Sports and Tourism to implement state administration of photography activities within their authority.

4. Provincial People's Committees (hereinafter referred to collectively as Provincial People's Committees) within their scope of tasks and powers shall implement state management over photography activities at the local level. Departments of Culture, Sports and Tourism or Departments of Culture and Sports assist Provincial People's Committees in implementing state management over photography activities.

Chapter III

PROMOTION OF CREATION, WORKSHOPS, CONTESTS, FESTIVALS, EXHIBITIONS, AND USE OF PHOTOGRAPHIC WORKS

Article 9. Mobilization for creation, creative camps, competitions, and photography exhibitions in Vietnam

2. The notification document shall clearly state the information of the organization or individual organizing encouragement of creation, creative camps, contests, exhibitions of photographic works, the name, theme, content, time, location of the encouragement of creation, creative camps, contests, exhibitions of photographic works.

3. Competent authority to accept the notification document

a) The Ministry of Culture, Sports and Tourism shall receive the notification document for encouragement of creation, creative camps, contests, exhibitions of photographic works in Vietnam organized by central ministries, sectors, mass organizations, and foreign organizations;

4. Within seven working days from the date of receipt of the notification document, if the competent state management agency does not issue a reply document, the organization or individual submitting the notification document may proceed with implementation. If there are signs of violation of Article 5 of this Decree, the competent state management agency shall issue a reply document disagreeing and stating the reasons.

5. In case of changes to the content recorded in the notification document, the organization or individual organizing the encouragement of creation, creative camps, contests, exhibitions of photographic works in Vietnam must resubmit the notification document.

Article 10. Exporting photographic works from Vietnam to participate in international competitions and festivals

1. Organizations and individuals exporting photographic works from Vietnam to participate in international competitions and festivals shall be responsible under the law for copyright and the content of the photographic works participating in such competitions and festivals. In case of any violation being discovered, organizations and individuals exporting photographic works to participate in international competitions and festivals shall be handled according to the provisions of the law.

The notification document shall be accompanied by:

a) A list of works in Vietnamese (indicating the work number, work title, author's name);

b) The photographs to be entered into the competition or festival shall have captions; they must be printed on paper with a minimum size of 13 x 18 cm or recorded on a CD;

c) Invitation letters and rules of the competition and exhibition already translated into Vietnamese.

4. Competent authority to accept the notification document

The Ministry of Culture, Sports and Tourism shall accept the notification document for exporting photographic works from Vietnam to participate in competitions and exhibitions abroad in the capacity of representing the State of Vietnam.

5. Within seven working days from the date of receipt of the notification document, if the competent state management agency does not issue a reply document, the organization sending the notification document may proceed with implementation. If there are signs of violation of Article 5 of this Decree, the competent state management agency shall issue a reply document disagreeing and stating the reasons.

6. In case of changes to the information recorded in the notification document, the organization exporting photographic works from Vietnam to participate in international competitions and festivals on behalf of the Vietnamese nation must resubmit the notification document.

7. Organizations and individuals exporting photographic works from Vietnam to participate in international competitions and festivals shall notify in writing the results after the completion of the competition or festival to the state agency that has received the notification document, along with a copy of the award certificate (if any) as a basis for considering awards.

Article 11. Exhibition of Photographic Works in Vietnam

2. Regulations on exhibitions of photographic works in Vietnam:

a) The works participating in the exhibition must be consistent with the theme and content of the exhibition that has been granted a permit; they must have a source of origin, legal ownership or lawful right to use;

b) The location for organizing the exhibition must be appropriate to the nature and scale of the exhibition.

a) An application form for an exhibition permit for photographic works in Vietnam according to Form No. 01 attached to this Decree;

b) A list of works in Vietnamese (indicating clearly the work number, work name, author's name, material, size, quantity);

c) The photographs to be exhibited shall have captions; they must be printed on paper with a minimum size of 13 x 18 cm or recorded on a CD;

d) For cases where the exhibition of photographic works is organized at locations other than exhibition halls, there must be a written agreement from the owner of the exhibition venue;

đ) For nude photographic works that reveal identity, there must be a written agreement between the photographer and the subject regarding the content, time, and scope of publication of the work.

4. Competent authority to issue permits

a) The Ministry of Culture, Sports and Tourism issues permits for: Exhibitions of photographic works representing the country or multiple countries; national-scale exhibitions of photographic works organized by ministries, central agencies, mass organizations; exhibitions of photographic works organized in two provinces or cities and above; exhibitions of photographic works organized by international organizations or foreign organizations representing the country or involving cooperation among multiple countries;

6. Time limit for issuing permits

Within seven working days from the date of receipt of all required files, the competent state agency shall be responsible for issuing an exhibition permit for photographic works in Vietnam according to Model No. 02 attached to this Decree. In case of refusal to issue the permit, a written notice must be provided with the reasons stated.

7. If there is a change in the content, time, or location stated in the permit, the organization or individual organizing the exhibition of photographic works must reapply for the permit.

Article 12. Exporting Photographic Works from Vietnam for Exhibition Abroad

1. Organizations and individuals exporting photographic works from Vietnam for exhibition abroad must have an exhibition permit issued by the competent state agency.

2. Regulations on exporting photographic works from Vietnam for exhibition abroad:

a) The works participating in the exhibition must have a legal source of origin, ownership, or right to use;

b) Organizations and individuals exporting photographic works from Vietnam for exhibition abroad must comply with the responsibilities stipulated in Article 5 of this Decree.

a) An application form for a permit to export photographic works from Vietnam for exhibition abroad according to Form No. 03 attached to this Decree;

b) A list of works in Vietnamese (indicating clearly the work number, work name, author's name, material, size, quantity);

c) The photographs to be exhibited shall have captions; they must be printed on paper with a minimum size of 13 x 18 cm or recorded on a CD;

d) Invitation letters, announcements, photo books (if any), agreements or contracts with foreign partners already translated into Vietnamese;

đ) For nude photographic works that reveal identity, there must be a written agreement between the photographer and the subject regarding the content, time, and scope of publication of the work.

4. Competent authority to issue permits

a) The Ministry of Culture, Sports and Tourism issues permits for activities exporting photographic works from Vietnam for exhibition abroad representing the country;

6. Time limit for issuing permits

Within seven working days from the date of receipt of all required files, the competent state agency shall be responsible for issuing a permit for exporting photographic works from Vietnam to participate in international exhibitions according to Model No. 04 attached to this Decree. In case of refusal to issue the permit, a written notice must be provided with the reasons stated.

7. If there is a change in the content, time, or location stated in the permit, the organization or individual exporting photographic works from Vietnam for exhibition abroad must reapply for the permit.

Article 13. Revocation and Reissuance of Exhibition Permit for Photographic Works

2. In case of revocation of the permit:

An organization or individual organizing an exhibition of photographic works does not comply with the responsibilities stipulated in Article 5 of this Decree.

3. Procedures and formalities for revoking the permit:

c) Organizations and individuals whose exhibition permit for photographic works has been revoked shall not be reissued a permit within three months from the date of revocation; depending on the nature and degree of violation, they may be subject to handling according to the provisions of the law.

4. After the three-month period from the date of revocation, organizations and individuals wishing to organize an exhibition of photographic works shall follow the provisions of Articles 11 and 12 of this Decree.

Article 14. Councils in Photography Activities

2. An Art Council, a Judging Board, or a Jury shall be established to assist the Organizing Committee in selecting works for display at the exhibition, awarding prizes for the exhibition, competition, or festival, and promoting the creation of photographic works.

3. Establishment of the Council

b) The unit organizing exhibitions, competitions, festivals, and promoting the creation of works.

4. Organization and Operation of the Council

a) The number of Council members is an odd number, at least three people, reputable in the field of photography activities and management;

For the Art Council, the Jury Council, or the Jury Board, two-thirds must be professionals in the field of photography.

b) The Council operates under the principle of centralization, democracy, majority rule, ensuring objectivity and fairness;

c) Members of the board shall be responsible for advising on the evaluation of the quality, content, and artistic value of photographic works; they shall be accountable to the agency establishing the board for their opinions and shall receive remuneration and other material benefits according to current regulations, paid by the agency establishing the board.

Article 15. Use of Photographic Works

1. The use of photographic works is carried out in accordance with the laws on intellectual property and the provisions of Article 5 of this Decree.

2. The use of photographic works for the purpose of buying, selling, or using them in advertising products, transferring materials, or combining them with other forms of art must be formalized in a contract between the organization or individual using the photographic work and the author or owner of the copyright of the photographic work.

3. The implementation, amendment, termination, or cancellation of the contract for the use of photographic works as stipulated in Clause 2 of this Article shall be governed by civil law.

Chapter IV

IMPLEMENTING PROVISIONS

Article 16. Effective Date

1. This Decree takes effect from August 15, 2016.

This Decree abolishes the provisions on photo exhibitions in Chapter IV of the Regulation on Cultural Activities and Public Cultural Service Business issued together with Government Decree No. 103/2009/NĐ-CP dated November 6, 2009.

Article 17. Responsibility for Implementation

1. The Minister of Culture, Sports and Tourism is responsible for organizing the implementation and monitoring the enforcement of this Decree.

The Minister, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under the central government, relevant organizations, and individuals shall be responsible for implementing this Decree./.