Decree No. 105/2023/ND-CP stipulates the functions, tasks, powers, and organizational structure of the Ministry of Culture, Sports and Tourism to take effect from the date of issuance. This Decree replaces Decree No. 76/2013/ND-CP.
Đối tượng áp dụng
Minister of Culture, Sports and Tourism, Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities
Các điểm cốt lõi
- Stipulate the functions, tasks, and powers of the Ministry of Culture, Sports and Tourism in cultural, family, physical education, sports, and tourism fields.
- The organizational structure includes 26 administrative and service units.
- Effective from the date of issuance.
- Replaces Decree No. 76/2013/ND-CP on the functions and tasks of the Ministry of Culture, Sports and Tourism.
- The Minister shall be responsible for detailing the functions, tasks, powers, and organizational structure for units under the Ministry.
🌐 Tác động xã hội từ văn bản này
- Enhance the effectiveness of state management in cultural, family, physical education, sports, and tourism fields.
- Develop high-quality human resources to serve the industry.
- Improve the business investment environment for enterprises operating in cultural, sports, and tourism fields.
❓ Câu hỏi thường gặp
When does this Decree take effect?
Decree No. 105/2023/ND-CP takes effect from the date of issuance.
Which entities are responsible for implementing this Decree?
Minister of Culture, Sports and Tourism, Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities.
Which Decree does this Decree replace?
Decree No. 105/2023/ND-CP replaces Decree No. 76/2013/ND-CP on the functions and tasks of the Ministry of Culture, Sports and Tourism.
Toàn văn
DECREE
PROVISIONS ON THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF CULTURE, SPORTS AND TOURISM
Pursuant to the Law on Government Organization dated June 19, 2015;
Pursuant to Decree No. 123/2016/ND-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies;
At the proposal of the Minister of Culture, Sports and Tourism;
The Government promulgates this Decree to stipulate the functions, tasks, powers, and organizational structure of the Ministry of Culture, Sports and Tourism.
Article 1. Position and Functions
The Ministry of Culture, Sports and Tourism is a government agency responsible for managing state affairs in the fields of culture, family, physical education, sports, and tourism throughout the country; it also manages public services in sectors and areas under its state management.
b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;
The Ministry of Culture, Sports and Tourism performs tasks and powers as prescribed in Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government on the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies, and the following specific powers:
1. Submit to the Government draft laws, draft resolutions of the National Assembly; draft ordinances, draft resolutions of the Standing Committee of the National Assembly; draft decrees of the Government according to the annual legislative program and plan of the Ministry that have been approved, and resolutions, projects, and programs assigned by the Government and the Prime Minister.
2. Submit to the Government and the Prime Minister strategies, plans, long-term, medium-term, and annual development plans, and important national programs, projects, and works in sectors and areas under the Ministry's state management.
3. Submitting to the Prime Minister draft decisions, directives, and other documents concerning sectors and fields under the Ministry's state management.
4. Issuing circulars, decisions, directives, and other documents on state management in sectors and fields under the Ministry's state management.
Establishing national standards; issuing national technical regulations, procedures, norms, economic and technical quotas in sectors and fields under the Ministry's state management.
5. Direct, guide, inspect, organize the implementation of normative legal documents, strategies, plans, programs, and important national projects and works that have been issued or approved; provide information, propaganda, dissemination, and education on laws and monitor the enforcement of laws in areas under the Ministry's state management.
6. Regarding cultural heritage:
a) Submitting to the competent authority for approval the establishment of national museums and specialized museums under the Ministry of Culture, Sports and Tourism;
b) Submit to the Prime Minister the ranking and adjustment of protection zones for special national relics; the proposal to the United Nations Educational, Scientific and Cultural Organization (UNESCO) to recognize outstanding cultural and natural heritages of Vietnam as World Heritage; the recognition of national treasures and permission to take national treasures out of the country for display, exhibition, research, or preservation, and the handling plan for assets that are cultural heritage according to the provisions of the law;
c) Guide and organize the implementation of the planning for protecting and promoting the value of cultural heritage after approval;
d) Review and submit to the Prime Minister for approval the policy, tasks, and master planning project for special national relics and national relics with large investment scale;
đ) Review the tasks and planning projects for preserving, repairing, and restoring national relics; review repair projects for special national relics and national relics; review renovation and construction projects for works outside the protection zones of national relics and special national relics according to the provisions of the law;
e) Rank national relics, first-class museums, adjust protection zones for national relics; include intangible cultural heritage in the list of national intangible cultural heritage; transfer antiquities, antiques, and national treasures to state museums according to the provisions of the law; confirm conditions for establishing national and specialized museums; agree on the ranking of second and third-class museums according to the provisions of the law;
g) Issue permits for archaeological exploration and excavation; issue permits for taking antiquities and antiques out of the country for display, exhibition, research, or preservation; issue permits for overseas Vietnamese residents, foreign organizations, and individuals to study and collect intangible cultural heritage in Vietnam according to the provisions of the law;
h) Guide procedures for registering antiquities and antiques, conditions for establishment and operation of antique appraisal institutions;
i) Develop mechanisms and policies to mobilize, manage, and utilize resources for protecting and promoting the value of cultural heritage;
k) Guide and inspect activities related to protecting and promoting the value of cultural heritage.
7. Regarding performing arts:
a) Guide and organize the implementation of the planning for developing performing arts after approval;
b) Guide and organize the implementation of legal regulations on performances, organizing artistic performances, fashion shows; beauty and model contests; circulation and business of audio and video recordings of music and stage performances;
c) Specify regulations on organizing competitions and festivals of various professional art forms;
d) Issue and revoke licenses for performances, organizing artistic performances, fashion shows; beauty and model contests; circulation and business of audio and video recordings of music and stage performances according to the provisions of the law.
8. Regarding cinema:
a) Guide and organize the implementation of the planning for developing the film industry after approval;
b) Organize national and international film festivals in Vietnam; approve the organization of specialized and thematic film festivals, foreign film days in Vietnam, and Vietnamese film days abroad;
c) Manage the screening and archiving of films and moving images produced domestically; screening and archiving of foreign films distributed in Vietnam;
d) Issue and revoke licenses in the field of cinema according to the provisions of the law.
9. Regarding fine arts, photography, and exhibitions:
a) Guide and organize the implementation of the planning for developing the fine arts, photography, and exhibition industries and the planning for national grand monuments and murals after approval;
b) Implement state management over national cultural symbols according to the provisions of the law;
c) Guide and organize the implementation of legal regulations on managing activities in the fine arts, photography, and cultural and artistic exhibitions;
d) Guide and directly organize exhibitions and displays of fine art and applied art works, photographic works;
đ) Guide the organization of activities related to the appraisal of fine art and photographic works;
10. Regarding copyright and related rights:
a) Guide the implementation of legal documents concerning copyright and related rights;
b) Implement measures to protect the legitimate rights and interests of the State, organizations, and individuals in the field of copyright and related rights protection;
c) Guide the provision, cooperation, commissioning, use, and guarantee of copyright for works and related rights for performances, sound recordings, video recordings, and broadcasting programs;
d) Manage and exploit copyrights for works and related rights for performances, sound recordings, video recordings, and broadcasting programs belonging to state ownership;
đ) Manage the issuance, reissuance, replacement, and cancellation of the validity of Copyright Registration Certificates and Related Rights Registration Certificates;
e) Manage activities related to the appraisal of copyright and related rights; representation, advisory, and service activities for copyright and related rights.
11. Regarding libraries:
a) Guide and organize the implementation of the library network planning after approval;
b) Guide cooperation, exchange of books, newspapers, and materials with foreign countries and inter-library linkage of books, newspapers, and materials;
c) Guide conditions for establishing and operating libraries; guide issuance and revocation of registration certificates for private libraries serving the community; guide preservation and organization of library material exploitation;
d) Develop mechanisms and policies to mobilize resources for library development.
12. Regarding advertising:
a) Implement state management over advertising according to the provisions of the law.
b) Guide the development of outdoor advertising planning at local levels.
c) Organize the evaluation of advertising products as provided by law;
13. Regarding mass culture, ethnic culture, and propaganda:
a) Guide and organize the implementation of regulations concerning founding days, traditional days, response days, commemorative ceremonies, funerals, and other rituals within the scope of management by the Ministry or as assigned by the Government;
b) Guide and organize the implementation of cultural facility planning at grassroots level after approval;
c) Direct, guide, and organize the implementation of propaganda content about Party guidelines, State policies, laws through cultural and artistic activities, and visual propaganda;
d) Implement state management, guide the use of National Flag, National Emblem, National Anthem, and portraits of President Ho Chi Minh according to the provisions of the law;
đ) Specify the organization of mass art festivals, competitions, and performances; manage cultural activities, cultural service business operations, and public entertainment;
e) Manage festival activities; guide civilized practices in weddings, funerals, lifestyle building, and the "All People United to Build a Civilized Cultural Life" movement; implement preventive measures against superstitious beliefs, outdated customs, and obscene cultural products contrary to local traditions and customs that harm health and destroy the ecological environment;
g) Build and submit to competent authorities for promulgation policies on preserving, promoting, and developing the cultural values of ethnic communities in Vietnam;
h) Direct, organize the implementation, and supervise the implementation of ethnic cultural policies;
14. Regarding literature:
a) Build and guide the implementation of mechanisms and policies on literary activities after approval;
b) Guide the implementation and inspect literary activities;
c) Organize literary and artistic creation camps;
15. Regarding family affairs:
a) Guide and organize the implementation of the strategy for family development in Vietnam;
b) Guide the implementation of legal provisions on family work and prevention and control of domestic violence;
c) Propagate and educate on ethics, lifestyle, and behavior in families;
d) Establish criteria for civilized families;
đ) Build databases on families and prevent domestic violence; build and guide the replication of models of happy, sustainable families;
16. Regarding physical education and sports for all:
a) Guide and organize the implementation of strategies, plans, and national programs for the development of physical education and sports after approval;
b) Organize and guide the establishment of physical education and sports volunteer teams; promote and guide methods of physical exercise and sports training; provide professional training for grassroots sports volunteers;
c) Conduct physical surveys of the population; guide, apply, and develop traditional sports and health improvement methods both domestically and internationally;
d) Direct the organization of national-level mass sports competitions;
đ) Coordinate with the Ministry of Education and Training, the Ministry of Defense, and the Ministry of Public Security to guide and organize the implementation of physical education and sports activities in schools and armed forces;
đ) Guiding and organizing inspections and evaluations of the development of mass sports movements;
17. Regarding high-performance sports and professional sports:
a) Submit to the Prime Minister for permission to organize national physical education and sports congresses, regional, continental, and world sports congresses;
b) Guide and organize the implementation of strategies, plans, and development of high-performance and professional sports after approval;
c) Guide and organize the implementation of regulations on the system and policies for athletes, coaches, and referees;
d) Permit the organization of regional, continental, and world championships in each sport in Vietnam; organize annual national championships and youth championships in each sport; specify management of international sports events held in Vietnam; approve the charter of the national physical education and sports congress;
đ) Issue standards and guide the promotion of athletes, coaches, and referees; recognize the promotion of international sports organizations for Vietnamese athletes, coaches, and referees according to the law;
e) Specify management of athlete transfers and selection into national sports teams; specify procedures and formalities for establishing national sports delegations and teams in each sport;
g) Guide the development of training programs for athletes, coaches, and referees;
h) Guide the registration of activities of professional sports facilities;
18. Regarding tourism resources and tourism planning:
a) Guide and organize the investigation, evaluation, and classification of tourism resources;
b) Guide and organize the implementation of overall national tourism development planning, regional tourism areas, key tourism sites, and national tourist zones after approval by competent authorities;
19. Regarding tourist zones and attractions:
a) Decide on the recognition of national tourist zones; submit to the Prime Minister for recognition of national tourist zones located across two or more provincial administrative units;
b) Guide and inspect the classification and recognition of tourist attractions and zones;
c) Guide the management of national tourist zones;
20. Regarding tourism business and tour guiding:
a) Manage and organize the implementation of the分级授权、收回旅游活动的许可证和其他证明文件;
b) Guide the implementation of laws and regulations regarding travel agency services, tourist accommodation services, and other tourism services;
c) Guide conditions, procedures, and documentation for issuing, renewing, replacing, and revoking travel agency licenses;
d) Guide standards, procedures, and documentation for registering and recognizing tourism accommodation facility ratings and revoking rating decisions;
đ) Implement the assessment, recognition of tourism accommodation facility ratings, and quality inspections according to legal regulations;
e) Guide standards, signage templates, documentation, procedures, and formalities for recognizing tourism service business facilities meeting customer service standards;
g) Guide the conditions, procedures, and documentation for issuing, changing, reissuing, and revoking tour guide licenses.
21. Regarding tourism promotion:
a) Build and organize the implementation of national tourism promotion strategies, plans, and programs domestically and internationally; coordinate cross-regional and cross-local tourism promotion activities;
b) Guide the establishment of representative offices in Vietnam of foreign tourism agencies, international and regional tourism organizations;
c) Build and guide the use, exploitation, and management of the national tourism database.
22. Regarding international cooperation:
a) Submit to the Government for signing, approval, ratification, accession to international treaties on culture, family, sports, and tourism; participate in international organizations according to the division of labor by the Government;
b) Organize negotiations on international treaties pursuant to the authorization of the competent state agency; organize the implementation of international treaties according to the directives of the Prime Minister; sign and implement international agreements on behalf of the Ministry in accordance with the provisions of the law;
c) Sign, organize the implementation, and inspect the implementation of international programs and projects funded; decide and permit the organization of international conferences and seminars on culture, family, sports, and tourism within the scope of authority of the Ministry as provided by law;
d) Submit to competent authorities for establishing Vietnamese Cultural Centers abroad and permit the establishment of foreign cultural institutions in Vietnam;
đ) Manage the activities of Vietnamese Cultural Centers abroad and foreign cultural establishments in Vietnam in accordance with the law;
e) Organize events, trade fairs, seminars, exhibitions, and foreign affairs programs on culture, family, sports, and tourism at national and international levels to introduce and promote the image of the country, people, and cultural arts of Vietnam;
23. Regarding training, capacity building, and human resource development:
a) Direct, inspect, and evaluate, within their authority, the implementation of legal provisions in training, development, and human resource management in culture, family, sports, physical education, and tourism;
b) Develop and issue normative legal documents, strategies, plans, programs, and special mechanisms and policies in training, capacity building, utilization, and incentives for talents in artistic, sports, and specific field allowances for lecturers, teachers, coaches, students, and trainees in cultural and sports training institutions, and guide, inspect, and organize their implementation;
24. Guide the implementation of the strategy for developing cultural industries after approval; directly organize the implementation of the strategy for developing cultural industries in sectors under the management of the Ministry as provided by law;
25. Manage public services in sectors and fields under the management of the Ministry as provided by law;
26. Perform tasks and powers over associations and non-governmental organizations operating in sectors and fields under the management of the Ministry as provided by law;
27. Approve the export and import of goods in sectors and fields under the management of the Ministry as provided by law;
28. Decide on the approval and organize the implementation of investment projects within its authority in the fields of culture, family, sports, and tourism;
29. Organize and direct scientific research, application of scientific and technological progress, and environmental protection, climate change response in the fields of culture, family, sports, and tourism as provided by law;
30. Exercise rights and responsibilities as the representative owner of state capital in state-owned enterprises and 100% state-owned enterprises managed by the Ministry as provided by law;
31. Inspect, examine; receive citizens; resolve complaints and denunciations; prevent and combat corruption and wastefulness; and handle violations as provided by law;
32. Decide and direct the implementation of the administrative reform program of the Ministry according to the goals and content of the State administrative reform program approved by the Government and the Prime Minister; propose or decide within its authority on the implementation of decentralization in the management of sectors and fields under the management of the Ministry;
33. Organize and direct the implementation of commendation and reward work in cultural, family, sports, and tourism activities;
34. Manage organizational structure, staffing, cadres, civil servants, and public officials; implement salary systems and incentive, reward, and disciplinary policies for cadres, civil servants, public officials, and workers under the management of the Ministry as provided by law;
35. Financial management, assets entrusted, and organizations implementing allocated budgets in accordance with the provisions of the law.
36. Perform other tasks assigned by the Government and the Prime Minister and as provided by law.
Article 3. Organizational structurehbillion
1. Department of Cadre Organization.
2. Department of Planning and Finance.
3. Department of Legal Affairs.
4. Department of Training;
5. Department of Competition and Awards.
6. Department of Science, Technology and Environment.
7. Library Department.
8. Ethnic Culture Department.
9. Family Department.
10. Ministry's Office.
11. Ministry Inspectorate.
12. Heritage Management Agency.
13. Performing Arts Management Agency.
14. Cinema Management Agency.
15. Copyright Management Agency.
16. Grassroots Cultural Management Agency.
17. International Cooperation Agency.
18. Fine Arts, Photography and Exhibition Management Agency.
19. General Department of Physical Culture and Sports.
20. General Department of Tourism.
21. Management Board of Ethnic Culture and Tourism Village.
22. National Institute of Performing Arts.
23. Cultural Newspaper.
24. Cultural Arts Magazine.
25. Information Technology Center.
26. School for Cultural, Sports and Tourism Administration.
Units specified from Clause 1 to Clause 21 of this Article are administrative units assisting the Minister in performing state management functions; units specified from Clause 22 to Clause 26 of this Article are service units serving the state management functions of the Ministry.
The Minister of Culture, Sports and Tourism shall submit to the Prime Minister for issuance of decisions on the functions, tasks, powers, and organizational structure of the General Department of Physical Culture and Sports, the General Department of Tourism, and the Management Board of Ethnic Culture and Tourism Village, and decisions on the list of other service units currently under the Ministry.
The Minister of Culture, Sports and Tourism shall stipulate the functions, tasks, powers, and organizational structure of the agencies and units under the Ministry, except for the units specified in Clauses 19, 20, and 21 of this Article.
The Department of Science, Technology and Environment, the Cadre and Civil Service Organization Department, and the Legal Affairs Department have three divisions; the Planning and Finance Department has seven divisions; the Ministry’s Inspectorate has five divisions; the Ministry's Office has nine divisions.
The Heritage Management Agency, the Cinema Management Agency, the International Cooperation Agency, and the Fine Arts, Photography and Exhibition Management Agency have an office and four divisions.
The Performing Arts Management Agency has an office and five divisions.
The Copyright Management Agency has an office and six divisions.
The Grassroots Cultural Management Agency has an office and eight divisions.
Article 4. Effective date
1. This Decree takes effect from the date of issuance.
2. This Decree replaces Decree No. 76/2013/NĐ-CP dated July 16, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Culture, Sports and Tourism.
Article 5. Responsibilities for Implementation
The Minister of Culture, Sports and Tourism, Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government are responsible for implementing this Decree./.
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