Decree No. 79/2012/ND-CP on artistic performances, fashion shows; beauty and model contests; circulation and trading of audio and video recordings of music and theatrical performances.

DECREE

Regulations on artistic performances, fashion shows; beauty and model contests;

circulation, trading of audio recordings, video recordings of music and dance, stage performances

__________________________

 

Based on the Law on the Organization of the Government dated December 25, 2001;

||| Based on the Law on Legislative Acts of 2008;

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

The Government shall issue a Decree to regulate artistic performances, fashion shows; beauty and model contests; circulation, trading of audio recordings, video recordings of music and dance, stage performances,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Decree regulates artistic performances, fashion shows; beauty and model contests; circulation, trading of audio recordings, video recordings of music and dance, stage performances within the territory of Vietnam or from Vietnam to foreign countries.

2. This Decree applies to organizations and individuals in Vietnam and foreign organizations and individuals participating in activities specified in Clause 1 of this Article.

Article 2. Interpretation of Terms

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

1. Artistic performance means the direct presentation of programs, acts, plays before the public by performers.

2. Types of artistic performances include: Tuong, Cheo, Cai Luong, Circus, Puppetry, Bai Choi, Drama, Folk Drama, Mime, Musical Drama, Symphony, Singing, Dancing, Music, Recitation, Comedy, Variety Shows, and other types of artistic performances.

3. Fashion show is an activity aimed at introducing fashion products to the public through the performance of fashion models.

4. Beauty contest is a cultural activity aimed at selecting women with good morals, balanced figures, beautiful faces, knowledge about culture and society according to certain criteria to award prizes.

5. Model contest is a cultural activity aimed at selecting male or female models with beautiful figures that meet the criteria set out in the contest.

Article 3. State Policy

1. The State shall promulgate the following policies:

a) Encourage organizations and individuals in Vietnam belonging to all economic sectors to participate in artistic performances, fashion shows; beauty and model contests; circulation, trading of audio recordings, video recordings of music and dance, stage performances in accordance with the provisions of the law;

b) Invest in the collection, research, preservation, and promotion of the value of traditional performing arts forms, and selectively absorb the finest elements of world art;

c) Sponsor artistic performances serving areas with difficult socio-economic conditions and extremely difficult conditions;

d) Sponsor, commission creation, production, and performance of high-quality works of art, works of art for children and teenagers;

e) Train and nurture young artistic talents.

2. The Ministry of Culture, Sports and Tourism shall take the lead and coordinate with the Ministry of Planning and Investment, the Ministry of Finance, and relevant ministries and agencies to guide the implementation of the policies stipulated in Clause 1 of this Article.

Article 4. Content of State Management

1. To build, promulgate, and implement state policies, laws, strategies, planning, and plans for the development of the performing arts industry, including artistic performances, fashion shows; beauty and model contests; circulation, trading of audio recordings, video recordings of music and dance, stage performances.

2. To manage scientific research, training, nurturing, and developing professional personnel in the field of artistic performances, fashion shows; beauty and model contests; circulation, trading of audio recordings, video recordings of music and dance, stage performances, and state management of these activities.

3. To manage international cooperation in artistic performances, fashion shows; beauty and model contests; circulation, trading of audio recordings, video recordings of music and dance, stage performances.

4. To issue and revoke permits for artistic performances, fashion shows; beauty and model contests; circulation, trading of audio recordings, video recordings of music and dance, stage performances within the territory of Vietnam or from Vietnam to foreign countries.

5. To carry out commendation work for artistic performances, organize professional art festivals and contests.

6. To inspect, examine, handle complaints, denunciations, and enforce violations of the law regarding artistic performances, fashion shows; beauty and model contests; circulation, trading of audio recordings, video recordings of music and dance, stage performances.

Article 5. State Management Agencies

1. The Government shall uniformly manage state affairs concerning artistic performances, fashion shows; beauty and model contests; circulation and trading of audio and video recordings of music and dance, theatrical performances nationwide.

2. The Ministry of Culture, Sports and Tourism shall be responsible for assisting the Government in managing state affairs concerning artistic performances, fashion shows; beauty and model contests; circulation and trading of audio and video recordings of music and dance, theatrical performances.

3. Ministries, ministerial-level agencies, and agencies under the Government shall cooperate with the Ministry of Culture, Sports and Tourism to manage state affairs concerning artistic performances, fashion shows; beauty and model contests; circulation and trading of audio and video recordings of music and dance, theatrical performances within their respective authorities.

4. Provincial People's Committees (referred to collectively as provincial People's Committees) shall manage state affairs concerning artistic performances, fashion shows; beauty and model contests; circulation and trading of audio and video recordings of music and dance, theatrical performances at the local level within their scope and authority.

Article 6. Prohibitive Regulations

1. Violating the provisions set forth in Article 3 of the Regulation on Cultural Activities and Public Cultural Service Business issued together with Decree No. 103/2009/ND-CP dated November 6, 2009 of the Government.

2. For organizations and individuals performing, organizing artistic performances, fashion shows; beauty and model contests:

a) Changing the content or adding performance actions different from the content that has been permitted to perform;

b) Misrepresenting artists or art troupes in advertisements; advertising performers not in accordance with the content that has been approved;

c) Using costumes or makeup not appropriate to the purpose, content of the performance, and Vietnamese customs, traditions, and cultural values;

d) Using recorded sound instead of the performer's real voice or the real sound of musical instruments;

đ) Engaging in uncivilized behavior or actions that negatively impact international relations;

e) Organizing performances for individuals who have been banned from performing by state management agencies for culture, sports, and tourism.

3. For organizations and individuals circulating and trading audio and video recordings of music and dance, theatrical performances:

a) Adding or removing images or sounds to alter the content of the audio and video recordings that are currently being circulated;

b) Replicating prohibited audio and video recordings or those subject to recall, confiscation, or destruction;

c) Replicating audio and video recordings without the copyright owner's consent.

4. Promoting artistic works with content inconsistent with moral, cultural, and national traditional values.

5. Violating laws on copyright and related rights.

Article 7. Responsibilities of Organizations and Individuals Participating in Artistic Performances and Organizing Artistic Performances, Fashion Shows; Beauty and Model Contests; Circulating and Trading Audio and Video Recordings of Music and Dance, Theatrical Performances

||| 1. Responsibilities of the venue organizers of artistic performances, fashion shows; beauty and model contests:

||| a) Shall not issue tickets exceeding the number of seats or the capacity of the venue to ensure the quality of artistic performance, fashion show, beauty and model contest programs;

||| b) Ensure that sound levels during performances do not exceed the maximum noise level standards allowed;

||| c) Ensure security, public order, and fire prevention according to regulations;

||| d) Must have internal rules posted at the venue;

||| đ) Organizing artistic performances, fashion shows after midnight until 8 AM must be approved by the competent state management authority at the location where the event is held;

e) Must apply for a permit as prescribed (except in cases stipulated in Clause 1, Article 12 of this Decree).

2. Responsibilities of organizers of artistic performances, fashion shows; beauty and model contests:

a) Submitting a written notice of the program content to the Department of Culture, Sports and Tourism where the performance is organized at least five working days before the date of the event;

||| b) Must comply with all legal provisions regarding copyright and related rights;

||| c) Must comply with the content recorded in the issued permit and relevant legal provisions;

d) Adhering to the laws of the host country and submitting a written report of the results to the issuing agency within seven days after returning to the home country (for cases involving performances abroad);

đ) Awarding prizes to winning groups and individuals immediately after announcing the contest results;

||| 3. Responsibilities of performers of artistic performances, fashion shows; contestants in beauty and model contests:

||| a) May only perform songs and plays that have been permitted for dissemination; present collections and designs according to the content of the permit;

b) For Vietnamese individuals participating in international beauty and model contests, they must comply with the regulations of the contest organizing committee and the laws of the host country;

||| 4. Responsibilities of organizations and individuals circulating, trading audio and video recordings of music, dance, and stage performances:

||| a) May only duplicate audio and video recordings that have been approved for content;

b) Only sell or rent audio and video recordings bearing control labels as prescribed;

5. Fulfill tax, fee, and charge obligations as prescribed by law.

Chapter II

ARTISTIC PERFORMANCES AND FASHION SHOWS

Article 8. Subjects of artistic performances and fashion shows

1. Subjects organizing artistic performances and fashion shows include:

a) Theaters; Art troupes; Cultural Houses; Cultural and Sports Centers;

b) Theaters and art troupes under armed forces;

c) Enterprises with functions to organize artistic performances and fashion shows;

d) Literature and Art Associations; Cultural and Art Training Institutions;

đ) Radio stations; Television stations;

e) Venue owners; Business households organizing artistic performances and fashion shows;

2. Subjects of artistic performances and fashion shows

a) Individuals who are Vietnamese citizens;

b) Individuals who are foreign nationals;

c) Individuals who are Vietnamese citizens residing abroad.

Article 9. Competence and procedures for issuing performance permits for organizing artistic performances and fashion shows

1. Competence and procedures for issuing permits for organizing artistic performances and fashion shows in Vietnam:

a) Competence:

- The Performing Arts Administration receives applications and issues permits for organizing artistic performances and fashion shows for subjects specified in Points a, b, d, and đ Clause 1 Article 8 of this Decree that belong to central agencies;

- Provincial Departments of Culture, Sports, and Tourism receive applications and issue permits for organizing artistic performances and fashion shows for subjects specified in Points a, c, d, and đ Clause 1 Article 8 of this Decree that belong to localities.

b) Procedures:

Subjects specified in Clause 1 Article 8 of this Decree apply for permits to organize artistic performances and fashion shows by submitting one set of application documents directly or through postal service to the Performing Arts Administration or Provincial Departments of Culture, Sports, and Tourism. The application includes:

- One application form for a permit to organize artistic performances and fashion shows (Form No. 01);

- One program content sheet, authors, directors, performers; a list of collections and design sketches for fashion shows;

- One copy of the music or script for the work being proposed for its first public performance;

- One certified copy of the decision allowing foreign organizations, individuals, and Vietnamese individuals residing abroad to perform artistic performances and fashion shows in Vietnam (for programs involving foreign organizations and individuals, and Vietnamese individuals residing abroad);

- One document agreeing to the organization of the performance issued by the People's Committee of the province where the performance is planned (for programs involving foreign organizations);

- One certified copy of the decision on establishment or business registration certificate with cultural and artistic activities function.

2. Competence and procedures for issuing permits for subjects specified in Clause 1 Article 8 of this Decree to invite foreign organizations, individuals, and Vietnamese individuals residing abroad to perform artistic performances and fashion shows in Vietnam:

a) Competence:

- The Ministry of Culture, Sports, and Tourism issues permits for central agency subjects inviting foreign organizations and individuals specified in Point b Clause 2 Article 8 of this Decree to perform artistic performances and fashion shows in Vietnam;

- Provincial People's Committees issue permits for locality subjects inviting foreign organizations and individuals specified in Point b Clause 2 Article 8 of this Decree to perform artistic performances and fashion shows in their locality;

- The Performing Arts Administration issues permits for subjects specified in Clause 1 Article 8 of this Decree inviting Vietnamese individuals residing abroad specified in Point c Clause 2 Article 8 of this Decree to perform artistic performances and fashion shows in Vietnam.

b) Procedures:

Subjects specified in Clause 1 Article 8 of this Decree applying to invite foreign organizations, individuals, and Vietnamese individuals residing abroad to perform artistic performances and fashion shows in Vietnam submit one set of application documents directly or through postal service to the Performing Arts Administration or Provincial Departments of Culture, Sports, and Tourism. The application includes:

- One application form for entering Vietnam to perform artistic performances and fashion shows (Form No. 02);

- One original or certified copy of the invitation letter or agreement with foreign organizations (Vietnamese translation certified by a translation company);

- One certified copy of the evaluation document from the Vietnamese diplomatic mission in the host country (for Vietnamese individuals residing abroad);

- One certified copy of the decision on establishment or business registration certificate with cultural and artistic activities function.

3. Competence and procedures for issuing permits for Vietnamese organizations and individuals to perform artistic performances and fashion shows abroad:

a) Competence:

- The Ministry of Culture, Sports, and Tourism issues permits for subjects specified in Points a, b, d, and đ Clause 1 Article 8 of this Decree that belong to central agencies;

- Provincial People's Committees issue permits for subjects specified in Points a, c, d, and đ Clause 1 Article 8 of this Decree that belong to localities.

b) Procedures:

Subjects specified in Clause 1 Article 8 of this Decree applying for permits for organizations and individuals to perform artistic performances and fashion shows abroad submit one set of application documents directly or through postal service to the Performing Arts Administration or Provincial Departments of Culture, Sports, and Tourism. The application includes:

- One application form for a permit to perform arts and fashion shows abroad (Form No. 03);

- One program content sheet, authors, directors, performers; a list of collections and design sketches for fashion shows;

- One copy of the music or script for the work being proposed for its first public performance;

- One original or certified copy of the invitation letter or agreement with foreign organizations (Vietnamese translation certified by a translation company);

- One certified copy of the business registration certificate with cultural and artistic activities function.

Article 10. Term for Issuing Permits and Effectiveness of the Permit

1. Term for Examining Applications and Issuing Permits:

a) Within three working days from the date of receiving the application, if the application is found to be incomplete according to regulations, the issuing authority must issue a written request for the organization or individual to supplement the application;

b) Within five working days from the date of receiving a complete and valid application, the competent state agency shall examine the application and issue the permit for organizing artistic performances and fashion shows in Vietnam or abroad. In case of refusal to issue the permit, it must be notified in writing with clear reasons stated;

c) For artistic performance programs and fashion shows serving political tasks, holidays, festivals, ticketed programs, and other purposes, when the competent state management agency requests approval of the program, the organization or individual applying for the permit must organize an Art Council to review the program before the performance can take place.

2. Effectiveness of the Permit

The permit for organizing artistic performances and fashion shows is effective nationwide, except where the permit specifies limitations on performance locations.

Article 11. Artistic Performances and Fashion Shows by Foreign Organizations and Individuals Legally Operating in Vietnam

1. When organizing artistic performances and fashion shows at their headquarters, they do not need to apply for a permit but must comply with the provisions set out in Point a Clause 2 Article 7 of this Decree.

2. When organizing artistic performances and fashion shows outside their headquarters or residence, they must go through the entity specified in Clause 1 Article 8 of this Decree to apply for a permit to organize artistic performances and fashion shows in accordance with Clause 1 Article 9 of this Decree. In cases where foreign organizations or individuals, or Vietnamese individuals residing abroad are invited to perform artistic performances and fashion shows in Vietnam, the provisions of Clause 2 Article 9 of this Decree shall apply.

Article 12. Organizing Artistic Performances and Fashion Shows Without Ticket Sales or Revenue Collection

1. Organizations and individuals organizing artistic performances and fashion shows for internal purposes or at tourist accommodation facilities, restaurants, and refreshment establishments without ticket sales or revenue collection from viewing performances do not need to apply for a permit but must comply with the relevant provisions of Article 7 and other provisions of this Decree.

2. In programs involving participation by foreign individuals or Vietnamese individuals residing abroad, the provisions of Clause 2 Article 9 of this Decree shall apply.

Article 13. Artistic Performances and Fashion Shows by Military Forces

1. Organizations within military forces organizing artistic performances and fashion shows for internal purposes or for political tasks; organizations and individuals within military forces performing artistic performances and fashion shows abroad; organizations and individuals from foreign military forces performing artistic performances and fashion shows in Vietnam shall comply with the regulations of the competent ministry.

2. In cases where artistic performances and fashion shows are organized for business purposes, the provisions of Clause 1 Article 9 of this Decree shall apply.

Article 14. Artistic performances and fashion shows organized by broadcasting agencies and television agencies

1. When organizing artistic performances and fashion shows within the premises of broadcasting agencies and television agencies or for broadcasting purposes, the head of the broadcasting agency or television agency shall be responsible for the content of the program and shall not need to request a performance permit for artistic performances and fashion shows.

2. In cases where artistic performances and fashion shows are organized for business purposes outside the premises of broadcasting agencies and television agencies, they shall comply with the provisions set forth in Clauses 1 and 2 of Article 9 of this Decree.

Article 15. Mass Art Performances

1. When organizing mass art performances, there is no need to request a permit but must comply with the provisions of Article 6, Clauses 1, 2, and 3 of Article 7 of this Decree, and the following specific provisions:

a) When organizing within residential areas or internally for political tasks or to meet cultural and artistic needs, the organizer is responsible;

b) When organizing outside internal premises, a written notice must be submitted to the Department of Culture, Sports and Tourism at the location of the performance at least five working days before the date of the performance regarding the purpose, scope, content of the program, time, and place of the performance.

2. When a mass art group performs in another locality, they must submit a written notice to the Department of Culture, Sports and Tourism at the performance location at least five working days before the date of the performance regarding the content of the program, time, place of the performance, and the person responsible for organizing it.

3. When a mass art group performs artistic performances and fashion shows with ticket sales or revenue collection, they shall comply with the provisions of Clause 1 of Article 9 of this Decree.

Article 16. Organization of Competitions and Festivals of Various Art Forms

The organization of competitions and festivals of various art forms shall be regulated by the Ministry of Culture, Sports and Tourism.

Chapter III

BEAUTY PAGEANTS AND MODELING CONTESTS

Article 17. Organizers of Beauty Pageants and Modeling Contests

1. Vietnamese organizations with cultural and artistic functions.

2. Foreign organizations collaborating with Vietnamese organizations with cultural and artistic functions to organize contests in Vietnam.

Article 18. Names and Number of National Beauty Contests

1. A national beauty contest shall be named Miss Vietnam.

2. For other beauty contests, based on their purpose, significance, and criteria, the organizers shall name them appropriately.

3. The number of annual beauty contests is defined as follows:

a) For national beauty contests, no more than two shall be held each year;

b) For regional, sectoral, and central-level association beauty contests, no more than three shall be held each year;

c) For provincial beauty contests, no more than one shall be held each year;

d) For international beauty contests held in Vietnam, the Ministry of Culture, Sports and Tourism will consider and decide based on the specific circumstances of each year.

Article 19. Conditions for Contestants in Domestic Beauty and Modeling Contests

1. For beauty contestants:

a) They must be female Vietnamese citizens aged eighteen or older, possessing natural beauty;

b) They must have a high school diploma or higher;

c) They must not have a criminal record; they must not be under investigation for criminal responsibility;

d) They must meet the criteria set by the organizing committee.

2. For modeling contestants:

a) They must be male or female Vietnamese citizens aged eighteen or older;

b) They must meet the conditions stipulated in Points b, c, and d of Clause 1 of this Article.

Article 20. Competence to Issue Licenses for Beauty and Model Contests

1. The Ministry of Culture, Sports and Tourism shall issue licenses for beauty and model contests for:

a) National-level beauty contests;

b) International modeling contests held in Vietnam;

c) International beauty contests held in Vietnam (after reporting and obtaining the Prime Minister's approval).

2. The Performing Arts Administration shall issue licenses for beauty and model contests for:

a) National-level modeling contests;

b) Beauty contests at the regional, sectoral, or central mass organization level.

3. Provincial People's Committees shall issue licenses for beauty and model contests within their localities.

Article 21. Procedures for Issuing Licenses for Beauty and Model Contests

1. Organizations applying for a license to organize beauty and model contests shall submit one set of application documents directly or through postal service to the Performing Arts Administration or the Department of Culture, Sports and Tourism. The application includes:

a) One application form for a permit to organize a contest (Form No. 04);

b) One proposal for organizing the contest, including: Contest rules, operational regulations of the Organizing Committee, and the Judging Panel;

c) One document of agreement from the provincial People's Committee where the contest is planned to be held;

d) One certified copy of the contract or agreement between Vietnamese organizations and foreign organizations (Vietnamese translation with certification from a translation company, for international beauty and model contests held in Vietnam).

2. Foreign organizations organizing international beauty and model contests in Vietnam must cooperate with Vietnamese organizations with cultural and artistic functions. Vietnamese organizations shall submit applications according to Clause 1 of this Article.

3. Time limit for issuing permits:

Within fifteen working days (for domestic beauty and model contests) and thirty working days (for international beauty and model contests held in Vietnam), starting from the date of receiving complete and valid applications, the competent authority shall issue the license. In case of refusal to issue the license, a written response with detailed reasons must be provided.

Article 22. Conditions and Procedures for Issuing Licenses for Participation in International Beauty and Model Contests

1. Contestants must have won a main title at domestic beauty and modeling competitions;

a) Must have won a main title at domestic beauty and modeling competitions;

b) Being represented by a domestic organization with cultural and artistic functions to handle the procedures for issuing participation licenses for international beauty and model contests and to participate in such contests.

2. Procedures for issuing permits for contestants participating in international beauty and modeling competitions:

The representative organization shall submit 01 set of application documents directly or through postal service to the Performing Arts Department. The application includes:

a) 01 application form for a participation permit (Form No. 05);

b) 01 certified copy of the contestant's curriculum vitae confirmed by a competent state authority;

c) 01 contestant's competition entry form;

d) One certified copy of the invitation letter to participate in international beauty and model contests issued by foreign organizations;

đ) One certified copy of the certificate recognizing titles from domestic beauty and model contests.

3. Time limit for issuing licenses: Within five working days from the date of receiving complete and valid applications, the Performing Arts Administration shall issue the license. In case of refusal to issue the license, a written response with detailed reasons must be provided.

Chapter IV

DISTRIBUTION AND SALE OF AUDIO AND VIDEO RECORDINGS OF MUSIC, DANCE, THEATER; SPREADING WORKS

Article 23. Audio and Video Recordings of Music, Dance, Theater

1. Audio and video recordings of music, dance, theater subject to distribution and sale under this Decree include cassette tapes, video tapes, CDs, VCDs, DVDs, CD-ROMs, computer discs, IC chips, and other types of media and materials containing various forms of performing arts, fashion, beauty, and sports.

2. Organizations and individuals distributing and selling audio and video recordings of music, dance, and theater must comply with the provisions of this Decree and relevant laws.

Article 24. Competence and Procedures for Issuing Licenses to Approve Content of Audio and Video Recordings of Music, Dance, Theater

1. Domestic produced or imported audiovisual recordings of music, dance, and stage performances must be issued an approval permit for content by the competent state authority as stipulated in Clause 3 of this Article.

2. Organizations and individuals wishing to distribute or import audio and video recordings containing music, dance, and theater must be organizations with the function of producing, trading, or importing audio and video products according to the law.

3. Competence to Issue Licenses to Approve Content of Audio and Video Recordings of Music, Dance, Theater:

a) The Performing Arts Administration shall receive applications and issue licenses to approve content of audio and video recordings of music, dance, and theater produced or imported by central agencies;

b) Departments of Culture, Sports and Tourism shall receive applications and issue licenses to approve content of audio and video recordings of music, dance, and theater produced or imported by local organizations.

4. Procedures for Issuing Licenses to Approve Content of Audio and Video Recordings of Music, Dance, Theater:

Organizations applying for a license to approve content shall submit one set of application documents directly or through postal service to the Performing Arts Administration or the Department of Culture, Sports and Tourism. The application includes:

a) 01 application form for an approval permit for content (Form No. 06);

b) 01 list of authors, works, performers;

c) 01 copy of the musical score and lyrics or literary script (for foreign works, a Vietnamese translation with certification from a translation company must be provided);

d) 01 audiovisual recording containing the content of music, dance, and stage performances;

đ) One certified copy of the decision allowing Vietnamese authors, works, and performers residing abroad to participate in performances (if the program uses works created before 1975 in southern provinces or involves Vietnamese residents abroad participating in performances);

e) One sample design of the cover of the audio and video recording;

g) One certified copy of the establishment decision or business registration certificate with the function of producing, trading, or importing audio and video recordings.

5. Time limit for issuing licenses:

Within five working days from the date of receiving complete and valid applications, the Performing Arts Administration or the Department of Culture, Sports and Tourism shall be responsible for issuing the license to approve content. In case of refusal to issue the license to approve content, a written response with detailed reasons must be provided.

Article 25. Competence and Procedures for Issuing Control Labels for Recorded Music and Stage Performances

1. Recorded music and stage performances must be approved for content through a permit before they can be widely circulated and must be labeled with a control label as prescribed.

2. Competence to issue control labels for recorded music and stage performances:

a) The Department of Performing Arts receives applications and issues control labels for recorded music and stage performances produced or imported by organizations under central agencies.

b) Departments of Culture, Sports and Tourism receive applications and issue control labels for recorded music and stage performances produced or imported by organizations under localities.

3. Procedures for issuing control labels:

Organizations producing or importing recordings submit one set of application documents directly or via postal service to the Department of Performing Arts or the Department of Culture, Sports and Tourism. The application includes:

a) One request form for a control label (Form No. 07);

b) One customs declaration form for imported goods and content approval certificate (for imported recordings);

c) One authorization letter requesting a control label (in cases where there is an authorized request for a control label).

4. Time limit for issuing control labels:

Within five working days from the date of receiving complete and valid applications, the Department of Performing Arts or the Department of Culture, Sports and Tourism shall issue control labels. In case of non-issuance of a control label, a written response must be provided, stating the reasons.

5. Recorded music and stage performances that have been labeled with a control label are effective for circulation nationwide and must declare customs when exported.

Article 26. Archiving of Recorded Music and Stage Performances

Within five working days from the date of obtaining a control label, the organization granted the permit must submit two copies of the recordings for archiving at the issuing authority; the issuing authority is responsible for accepting and storing the recordings for a period of two years. Upon expiration of the archiving period, the issuing authority will dispose of the archived recordings in accordance with regulations stipulated by the Minister of Culture, Sports and Tourism.

Article 27. Distribution of Recorded Music and Stage Performances in Vietnam by Foreign Organizations and Individuals

Foreign organizations and individuals operating in Vietnam may only distribute recorded music and stage performances within Vietnam in accordance with international treaties to which the Socialist Republic of Vietnam is a party and other relevant laws.

Article 28. Exporting and Importing Recorded Music and Stage Performances

1. Vietnamese organizations and foreign organizations operating in Vietnam engaged in exporting and importing recorded music and stage performances shall comply with laws on business, trade, and investment.

2. Exporting and importing of recorded music and stage performances not for commercial purposes shall be carried out in accordance with current laws.

Article 29. Dissemination of Musical Works and Stage Performances

1. Organizations and individuals disseminating musical works and stage performances directly to the public must obtain permission from competent state authorities.

2. Musical works and stage performances created before 1975 in southern provinces or works of Vietnamese nationals residing abroad must comply with the provisions of Clause 3 of this Article and relevant laws on publishing.

3. Organizations and individuals wishing to disseminate works created before 1975 in southern provinces or works of Vietnamese nationals residing abroad must submit one set of application documents directly or via postal service to the Department of Performing Arts. The application includes:

a) One request form for permission to disseminate works created before 1975 in southern provinces or works of Vietnamese nationals residing abroad (Form No. 08);

b) One copy of the musical score or stage performance script (with certification from the copyright owner or copyright representative organization);

c) One certified copy of the applicant's identification card or passport (for individual applicants);

d) One certified copy of the establishment decision or business registration certificate (for organizational applicants);

đ) One certified copy of the diplomatic mission's review document in the country of residence (for first-time individual applicants);

e) One audio recording containing the work’s content.

4. Within ten working days from the date of receiving complete and valid applications, the Department of Performing Arts shall issue a permit. If a permit is not issued, a written response must be provided, stating the reasons.

 Chapter V

IMPLEMENTING PROVISIONS

Article 30. Effective Date

1\. This Decree takes effect from January 1, 2013.

2. The following documents are hereby abolished:

a) Chapter II and Chapter III of the Regulations on Cultural Activities and Public Cultural Service Business Operations issued together with Decree No. 103/2009/ND-CP dated November 6, 2009 of the Government;

b) Regulations on Performance Activities and Professional Performance Organizations issued together with Decision No. 47/2004/QĐ-BVHTT dated July 2, 2004 of the Minister of Culture and Information;

c) Regulations on Miss, Miss Supranational, and Beauty Pageant Organization issued together with Decision No. 87/2008/QĐ-BVHTTDL dated December 30, 2008 of the Minister of Culture, Sports and Tourism;

d) Regulations on Production, Export, Import, Circulation, and Business of Audio Tapes, Audio Discs, Video Tapes, and Video Discs of Music and Stage Performances issued together with Decision No. 55/1999/QĐ-BVHTT dated August 5, 1999 of the Minister of Culture and Information;

đ) Notice No. 5 (Document No. 453/VHTT-TB dated February 28, 1995 of the Ministry of Culture and Information) regarding the use of songs composed before 1975 in southern provinces;

e) Section II of Article 1 and Section II of Article 2 of Circular No. 07/2011/TT-BVHTTDL dated June 7, 2011 of the Ministry of Culture, Sports and Tourism amending, supplementing, replacing, or abolishing relevant administrative procedures within the scope of functions of the Ministry of Culture, Sports and Tourism.

3. Abolish regulations issued by ministries, sectors, and localities that conflict with the provisions of this Decree.

Article 31. Responsibility for Implementation

1. The Minister of Culture, Sports and Tourism shall guide the implementation of this Decree.

2. The ministers, heads of ministerial-level agencies, heads of government agencies, chairpersons of provincial people's committees under the central government, relevant agencies, organizations, and individuals shall be responsible for implementing this Decree./.