Decree No. 89/2014/NĐ-CP on awarding the titles of "People's Artist" and "Meritorious Artist"

DECREE

Regulations on awarding the titles "People's Artist" and "Artist of Merit"

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

Based on the Law on Competition and Rewards dated November 26, 2003; the Law Amending and Supplementing Certain Provisions of the Law on Competition and Rewards dated June 14, 2005; and the Law Amending and Supplementing Certain Provisions of the Law on Competition and Rewards dated November 16, 2013;

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

The Government issues this Decree to regulate the awarding of the titles "People's Artist" and "Artist of Merit".

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the subjects, criteria, procedures, and formalities for awarding the titles "People's Artist" and "Artist of Merit".

Article 2. Applicability

1. This Decree applies to:

a) Individuals engaged in artistic activities at grassroots artistic units;

b) Individuals engaged in freelance artistic activities;

c) Organizations and individuals related to the activity of awarding the titles "People's Artist" and "Artist of Merit".

2. The individuals specified in Points a and b Clause 1 of this Article include:

a) Performers: Singing, dancing, music, theater, film, television in the fields of Tuong; Cheo; Cai Luong; Folk Drama; Spoken Drama; Physical Theater; Musical; Ballet; Circus; Puppetry; Singing; Dancing; Recitation; Film; Television;

b) Directors of works in the fields: Tuong; Cheo; Cai Luong; Folk Drama; Spoken Drama; Physical Theater; Musical; Dance Drama; Ballet; Circus; Comprehensive Art Programs; Film and Television (various types such as feature films, documentaries, scientific films, animation), radio and television stage;

c) Sound technicians for film, television, and theater productions; lighting technicians for theater and comprehensive art programs;

d) Choreographers; conductors of orchestras; choral conductors; conductors of symphonic ballets; artistic directors;

d) Cinematographers for various types of films: feature films, documentary films, scientific films, animated films;

e) Artists: Puppet figure design; animation action design; stage decoration design; makeup and costume design for theater, film, and television;

g) Radio and television announcers working in the field of cultural arts.

3. Individuals specified in Clause 2 of this Article, who are assigned to teach, research, or manage in the field of arts and meet the criteria set forth in this Decree, may be nominated for the awarding of the titles "People's Artist" and "Artist of Merit".

Article 3. Explanation of Terms

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

1. National Gold Award is the Golden Lotus Award at the Vietnam Film Festival or the Gold Medal at national professional art competitions, festivals, and performances organized by the Ministry of Culture, Sports, and Tourism.

2. National Silver Award is the Silver Lotus Award at the Vietnam Film Festival or the Silver Medal at national professional art competitions, festivals, and performances organized by the Ministry of Culture, Sports, and Tourism.

3. The period of professional artistic activity is calculated from the time the individual graduates from a professional art school to the time their application for the title "People's Artist" or "Artist of Merit" is reviewed by the grassroots award committee.

Article 4. Principles for awarding the titles "People's Artist" and "Artist of Merit"

1. Achievements already recognized in other state honorary titles shall not be used to nominate for the titles "People's Artist" and "Artist of Merit".

2. It shall be carried out on a voluntary basis.

3. It must ensure objectivity, fairness, accuracy, and transparency.

Article 5. Competence to organize the awarding of the titles "People's Artist" and "Artist of Merit"

1. The Ministry of Culture, Sports and Tourism shall take the lead in organizing the awarding of the titles "People's Artist" and "Artist of Merit".

2. The Ministry of Culture, Sports and Tourism shall issue a Plan for awarding the titles "People's Artist" and "Artist of Merit" (hereinafter referred to as the Plan) before each round of awarding.

Article 6. Rights and obligations of individuals awarded the titles "People's Artist" and "Artist of Merit"

Individuals awarded the titles "People's Artist" and "Artist of Merit" shall be entitled to receive Medals and Certificates presented by the President of the State, along with monetary awards, and shall enjoy rights and fulfill obligations as prescribed by laws on competition and rewards.

Article 7. Funding for organization of awarding and monetary awards for the titles "People's Artist" and "Artist of Merit"

1. The funding for organizing the awarding of the titles "People's Artist" and "Artist of Merit" shall be used for the following activities:

a) Building and implementing the Plan for awarding the titles at all levels of Councils;

b) Paying remuneration to members of Councils at all levels, secretaries, and the review of nomination files for awarding the titles;

c) Organizing meetings of Councils at all levels;

d) Announcing information about the results of the awarding process by Councils at all levels through mass media to solicit public opinion;

đ) Holding press conferences to announce the results of Councils at all levels;

e) Organizing ceremonies to present the titles "People's Artist" and "Artist of Merit";

g) Other activities as prescribed by law.

Specific expenditure levels shall be implemented in accordance with the provisions of the law.

2. The funding for organizing the awarding and monetary awards for the titles "People's Artist" and "Artist of Merit" shall be stipulated as follows:

a) The Ministry of Culture, Sports and Tourism shall be responsible for allocating funds for the activities of organizing the awarding process by the National Council; organizing ceremonies to present the titles "People's Artist" and "Artist of Merit", and other related expenses in accordance with the provisions of the law;

b) The Minister, Head of a ministry-level agency, head of a government-affiliated agency, and Chairperson of the People's Committee of provinces and centrally-administered cities shall be responsible for allocating funds for the activities of awarding by grassroots Councils and ministry/provincial Councils;

c) Monetary awards for the titles "People's Artist" and "Artist of Merit" shall be allocated within the budgets of ministries, ministry-level agencies, government-affiliated agencies, provincial People's Committees, and centrally-administered city People's Committees in accordance with the provisions of the law.

Chapter II

CRITERIA FOR AWARDING THE TITLES "PEOPLE'S ARTIST" AND "ARTIST OF MERIT"

Article 8. Criteria for awarding the title "People's Artist"

The title "People's Artist" shall be awarded to the subjects specified in Clause 2, Article 2 of this Decree when meeting the following criteria:

1. Loyalty to the Socialist Republic of Vietnam; complying well with the Party's guidelines, state policies, and laws; internal regulations, rules, and regulations of the agency, organization, or locality;

2. Having good moral character, being exemplary in life, dedicated to the profession; having outstanding artistic talent, representing the profession or art form; having professional reputation; being admired by colleagues and the people;

3. Having at least 20 years of professional artistic activity, except for the Circus and Dance forms, which require at least 15 years of professional artistic activity;

4. Having been awarded the title "Artist of Merit" and having won at least two national Gold Awards after receiving the title "Artist of Merit".

Other domestic or international Gold Awards of individuals or groups may be converted into achievements for individuals according to the provisions set out in Appendix II attached to this Decree.

Article 9. Criteria for awarding the title "Outstanding Artist"

The title of Outstanding Artist shall be awarded to individuals specified in Clause 2, Article 2 of this Decree when meeting the following criteria:

1. Loyalty to the Socialist Republic of Vietnam; complying well with the Party's guidelines, state policies, and laws; internal regulations, rules, and regulations of the agency, organization, or locality;

2. Possess good moral character, serve as a model in life, be dedicated to their profession; have outstanding artistic talent; have professional reputation; be admired by colleagues and the public;

3. Have at least 15 years of professional artistic activity, except for Circus and Dance, which require at least 10 years of professional artistic activity;

4. Have won at least two National Gold Awards or one National Gold Award and two National Silver Awards.

Other domestic or international Gold Awards of individuals or groups may be converted into achievements for individuals according to the provisions set out in Appendix II attached to this Decree.

The conversion ratio of other individual or collective National and international Silver Awards to National Silver Awards shall be calculated according to the conversion ratio of Gold Awards.

Chapter III

PROCEDURE FOR AWARDING THE TITLES

"PEOPLE'S ARTIST", "OUTSTANDING ARTIST"

Article 10. Time for awarding the titles "People's Artist", "Outstanding Artist"

The titles "People's Artist" and "Outstanding Artist" shall be awarded and announced every three years, on the occasion of the National Day on September 2nd.

Article 11. Procedure for awarding the titles "People's Artist", "Outstanding Artist"

The process of awarding the titles "People's Artist" and "Outstanding Artist" shall be carried out through three levels of Councils as follows:

1. The grassroots level Council at the artistic unit established by the head of the unit includes: Theater, professional art troupe under Ministries, provinces, centrally-administered cities; Institute, school of arts training under Ministries, provinces, centrally-administered cities with functions of research, training, and artistic creation; Cinema Department, Performing Arts Department under the Ministry of Culture, Sports and Tourism; Units managing artistic activities under the Ministry of Public Security, Ministry of Defense, Vietnam Radio, Vietnam Television; Department of Culture, Sports and Tourism; Radio Station, Television Station, Provincial Radio and Television Station.

2. The Ministry-level Council at the Ministry of Culture, Sports and Tourism, Ministry of Defense, Ministry of Public Security shall be established by the respective Ministers; at Vietnam Television, Vietnam Radio by the General Director of Vietnam Television, Vietnam Radio or the provincial-level Council (hereinafter referred to as provincial level) shall be established by the Chairman of the People's Committee of the province.

3. The State-level Council shall be conducted in two steps:

a) Step 1: The specialized State-level Council shall be established by the Minister of Culture, Sports and Tourism for each field of art: Music, Cinema, Stage, Dance, Broadcasting, Television;

b) Step 2: The State-level Council shall be established by the Prime Minister upon the proposal of the Minister of Culture, Sports and Tourism.

Article 12. Principles of operation of Councils at all levels

1. The Council shall be established for each awarding session and shall dissolve itself after completing its tasks.

2. Individuals who are candidates for the titles "People's Artist" and "Outstanding Artist" shall not participate in any level of Council.

3. The Council shall operate based on democratic, transparent principles and secret ballot voting.

4. The Council shall convene a meeting when at least 75% of the members are present, including the Chairperson or Deputy Chairperson authorized by the Chairperson. Opinions of absent members shall be obtained by ballot.

5. The Council shall examine and evaluate each individual proposed for the titles "People's Artist" and "Outstanding Artist" according to the criteria stipulated in Articles 8 and 9 of this Decree.

6. The higher-level Council shall only accept and review files submitted by the lower-level Council in accordance with the procedures prescribed in Articles 14, 15, and 16 of this Decree.

Article 13. Documents for considering the awarding of the titles "People's Artist" and "Artist of Merit"

1. The documents for considering the awarding of the titles "People's Artist" and "Artist of Merit" include:

a) A declaration of achievements for the proposed awarding of the titles "People's Artist" and "Artist of Merit" according to Model No. 1a and Model No. 1b in Appendix I issued together with this Decree;

b) Certified copies of the Decisions on awarding prizes as stipulated in Clause 4, Article 8 or Clause 4, Article 9 of this Decree;

c) A confirmation from the organization of the competition, festival, or professional art performance regarding the individual's participation in artistic works that won Gold or Silver awards for the purpose of converting these achievements into points as stipulated in Clause 4, Article 8 or Clause 4, Article 9 of this Decree (if applicable);

d) Certified copies of the Decisions on commendation titles and forms of reward (if applicable).

2. Individuals engaged in artistic activities at grassroots artistic units shall submit one set of documents in accordance with Clause 1 of this Article directly or through postal service to the grassroots artistic unit where they work within the time frame specified in the Plan.

3. Individuals engaged in freelance artistic activities shall submit one set of documents in accordance with Clause 1 of this Article directly or through postal service to the Department of Culture, Sports and Tourism where they have registered their permanent residence within the time frame specified in the Plan.

Article 14. Procedures for considering the awarding of the titles "People's Artist" and "Artist of Merit" at the Grassroots Council

1. The Grassroots Council consists of 5 to 7 members, including:

a) The Chairman of the Council is the head of the unit. In cases where the head of the unit is the subject of the proposed awarding of the titles "People's Artist" or "Artist of Merit," then the deputy in charge of arts of the unit will be the Chairman of the Council.

b) The Vice-Chairman of the Council is the deputy in charge of arts of the unit;

In cases where both the head of the unit and the deputy in charge of arts of the unit are subjects of the proposed awarding of the titles "People's Artist" and "Artist of Merit," the unit must report in writing to its direct superior to appoint substitutes for the Chairman and Vice-Chairman of the Council.

c) Members of the Council include representatives with prestige in the field of arts, People's Artists, Artists of Merit, personnel responsible for organizational work, and personnel responsible for commendation and reward work of the unit.

The Council uses the seal of the unit. The Council has a Secretariat established by the Chairman of the Council.

2. Responsibilities of the Grassroots Council:

a) To review and assess the documents proposing the awarding of the titles "People's Artist" and "Artist of Merit" in accordance with regulations;

b) To publicly announce the results of the awarding within five working days from the end date of the review and assessment period of the documents;

c) Receive and process complaints within twenty days from the end date of the announcement of results;

d) To complete the documents meeting the criteria for the awarding of the titles "People's Artist" and "Artist of Merit" and obtain at least 90% approval votes from the total number of Council members, and send them to the Standing Body of the Central or Provincial Council as specified in the Plan.

3. The Grassroots Council sends one set of documents to the Standing Body of the Central or Provincial Council. The documents include:

a) A proposal for the awarding of the titles "People's Artist" and "Artist of Merit" according to Model No. 2a and Model No. 2b in Appendix I issued together with this Decree;

b) A list of proposals for the awarding of the titles "People's Artist" and "Artist of Merit" according to Model No. 3a and Model No. 3b in Appendix I issued together with this Decree;

c) Minutes of the Council meeting for the awarding of the titles "People's Artist" and "Artist of Merit" according to Model No. 4a and Model No. 4b in Appendix I issued together with this Decree;

d) Minutes of the voting process for the awarding of the titles "People's Artist" and "Artist of Merit" according to Model No. 5a and Model No. 5b in Appendix I issued together with this Decree;

đ) A report on the process of awarding the titles "People's Artist" and "Artist of Merit" according to Model No. 6a and Model No. 6b in Appendix I issued together with this Decree;

e) The Decision establishing the Grassroots Council for the awarding of the titles "People's Artist" and "Artist of Merit";

g) Personal documents as stipulated in Clause 1 of Article 13 of this Decree.

Article 15. Procedures for awarding the titles "People's Artist" and "Meritorious Artist" at the Ministry-level and provincial Councils

1. The Ministry-level Council shall consist of 11 to 15 members, including:

a) The Chairman of the Council is the leader of the Ministry of Culture, Sports and Tourism or the Ministry of Public Security or the Ministry of National Defense, or the leader of the Voice of Vietnam Radio Station or the Vietnam Television Station;

b) The Vice Chairmen of the Council are the Heads of the Department of Mobilization and Awards of the Ministry of Culture, Sports and Tourism, or the Heads of the Mobilization and Awards Departments of the Ministry of Public Security or the Ministry of National Defense, or the Heads of the Mobilization and Awards Committees of the Voice of Vietnam Radio Station or the Vietnam Television Station, and the heads of units managing artistic activities of the Ministry of Culture, Sports and Tourism, the Ministry of Public Security, the Ministry of National Defense, the Voice of Vietnam Radio Station, and the Vietnam Television Station;

c) Members of the Council include representatives from organizational units under the Ministry of Culture, Sports and Tourism, the Ministry of Public Security, the Ministry of National Defense, the Voice of Vietnam Radio Station, and the Vietnam Television Station; representatives from some artistic units under the Ministry of Culture, Sports and Tourism, the Ministry of Public Security, the Ministry of National Defense, the Voice of Vietnam Radio Station, and the Vietnam Television Station; experts in the field of arts; People's Artists and Meritorious Artists.

The Council uses the seal of the Ministry of Culture, Sports and Tourism, the Ministry of Public Security, the Ministry of National Defense, the Voice of Vietnam Radio Station, and the Vietnam Television Station. The Department of Mobilization and Awards or the Mobilization and Awards Department under the Ministry of Culture, Sports and Tourism, the Ministry of Public Security, the Ministry of National Defense, the Voice of Vietnam Radio Station, and the Vietnam Television Station serves as the permanent office of the Council. The Council has a Secretariat established by the Chairman of the Council.

2. The provincial Council shall consist of 11 to 15 members, including:

a) The Chairman of the Council is the Deputy Chairman of the Provincial People's Committee;

b) The Vice Chairmen of the Council are the Directors or Deputy Directors in charge of arts of the Department of Culture, Sports and Tourism;

c) Members of the Council include representatives from the Provincial Party Committee Propaganda Department, the Provincial Mobilization and Awards Committee, the Provincial Television Station, the Provincial Radio and Television Station; the Provincial Literature and Arts Association; representatives from provincial artistic units; experts in various fields of arts; People's Artists and Meritorious Artists of the province.

The Council uses the seal of the provincial People's Committee. The Department of Culture, Sports and Tourism serves as the permanent office of the Council. The Council has a Secretariat established by the Chairman of the Council.

3. Responsibilities of the Ministry-level and provincial Councils:

a) To review and assess the documents proposing the awarding of the titles "People's Artist" and "Artist of Merit" in accordance with regulations;

b) Announce publicly the results of the awarding process on mass media within seven working days from the end date of the review and evaluation period of the dossier;

c) Receive and process complaints within twenty days from the end date of the announcement of results;

d) Complete the dossier meeting the criteria for awarding the titles "People's Artist" and "Meritorious Artist" and obtain at least 90% approval votes from the total number of Council members, then submit it to the permanent office of the national specialized Council according to the time stipulated in the Plan.

4. The Ministry-level and provincial Councils send one set of dossier to the permanent office of the national specialized Council. The dossier includes:

a) Documents prescribed in Points a, b, c, d, đ, and g Clause 3 Article 14 of this Decree;

b) Decision establishing the Ministry-level and provincial Councils for awarding the titles "People's Artist" and "Meritorious Artist".

Article 16. Procedures for awarding the titles "People's Artist" and "Meritorious Artist" at the State Council

The procedures for awarding the titles "People's Artist" and "Artist of Merit" at the State-level Council are carried out through two steps as follows:

1. Step 1 at the national specialized Council by field:

a) The national specialized Council by field consists of 15 to 17 members, including:

- The Chairman of the Council is the leader of the Ministry of Culture, Sports and Tourism;

- The Vice Chairmen of the Council are the Heads of the Department of Mobilization and Awards and the Director of the Cinema Department or the Director of the Performing Arts Department under the Ministry of Culture, Sports and Tourism;

- Members of the Council include representatives from the Central Propaganda Department, the Vietnam Federation of Literature and Art Associations, central specialized literature and art associations, experts in specialized fields of arts, People's Artists, and Meritorious Artists;

b) The national specialized Council uses the seal of the Ministry of Culture, Sports and Tourism. The Department of Mobilization and Awards of the Ministry of Culture, Sports and Tourism serves as the permanent office of the Council. The Council has a Secretariat established by the Chairman of the Council.

c) Responsibilities of the national specialized Council:

- Review and evaluate the nomination files for the award of the titles of “People’s Artist” and “Artist of Merit” in accordance with regulations;

- Announce publicly the results of the awarding process on mass media within fifteen days from the end date of the review and evaluation period of the dossier;

- Receive and process complaints within twenty days from the end date of the announcement of results;

- Complete the dossier meeting the criteria for awarding the titles "People's Artist" and "Meritorious Artist" and obtain at least 90% approval votes from the total number of Council members, then submit it to the permanent office of the State Council according to the time stipulated in the Plan.

đ) The national specialized Council shall submit one set of application files to the permanent office of the national Council. The files include:

- Documents prescribed in Points a, b, c, d, đ, and g Clause 3 Article 14 of this Decree;

- Decision establishing the national specialized Council for awarding the titles "People's Artist" and "Meritorious Artist".

2. Step 2 at the State-level Council:

a) The State Council consists of 21 to 25 members, including:

- The Chairman of the Council is the Minister of Culture, Sports and Tourism;

- The Vice Chairmen of the Council are leaders of the Ministry of Culture, Sports and Tourism, and leaders of the Central Mobilization and Awards Committee;

- Members of the Council include representatives from the Central Propaganda Department, the Government Office, the President's Office, the Ministry of Public Security, the Ministry of National Defense, the Department of Mobilization and Awards of the Ministry of Culture, Sports and Tourism, the Vietnam Federation of Literature and Art Associations, central specialized literature and art associations, experts in various fields of arts, People's Artists.

b) The State Council uses the seal of the Ministry of Culture, Sports and Tourism. The Ministry of Culture, Sports and Tourism serves as the permanent office of the Council. The Council has a Secretariat established by the Chairman of the Council.

c) Responsibilities of the State Council:

- Examine, evaluate, and vote to select individuals proposed for the awarding of the titles "People's Artist" and "Artist of Merit" in accordance with regulations;

- Announce publicly the results of the awarding process on mass media within fifteen days from the end date of the review and evaluation period of the selection of individuals;

- Receive and process complaints within twenty days from the end date of the announcement of results;

- Prepare the dossier for proposing the awarding of the titles "People's Artist" and "Meritorious Artist" to be submitted to the Prime Minister according to the provisions of Point d Clause of this Article and obtain at least 90% approval votes from the total number of Council members.

d) The State Council sends three sets of dossier to the Central Mobilization and Awards Committee for consolidation and submission to the Prime Minister according to the time stipulated in the Plan. The dossier includes:

- Documents prescribed in Points a, b, c, d, đ, and g Clause 3 Article 14 of this Decree;

Decision on the establishment of the State Council for awarding the titles of "People's Artist" and "Artist of Merit".

Chapter IV

IMPLEMENTING PROVISIONS

Article 17. Effective Date

This Decree takes effect from November 15, 2014.

Article 18. Implementation Organization

1. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under the direct control of the Central Government, relevant agencies, organizations, and individuals shall be responsible for implementing this Decree.

2. The Ministry of Culture, Sports and Tourism shall be responsible for monitoring and inspecting the implementation of this Decree./.