Decree No. 89/2023/ND-CP amends and supplements some articles of Decree No. 72/2016/ND-CP dated July 1, 2016 of the Government on photography activities and Decree No. 126/2018/ND-CP dated September 20, 2018 of the Government stipulating the establishment and operation of foreign cultural institutions in Vietnam.

DECREE

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF THE DECREE NO. 72/2016/NĐ-CP OF JULY 1, 2016 OF THE GOVERNMENT ON PHOTOGRAPHIC ACTIVITIES AND THE DECREE NO. 126/2018/NĐ-CP OF SEPTEMBER 20, 2018 OF THE GOVERNMENT ON THE ESTABLISHMENT AND OPERATION OF FOREIGN CULTURAL INSTITUTIONS IN VIETNAM

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

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

The Government promulgates this Decree to amend and supplement certain articles of the Decree No. 72/2016/NĐ-CP of July 1, 2016 of the Government on photographic activities and the Decree No. 126/2018/NĐ-CP of September 20, 2018 of the Government on the establishment and operation of foreign cultural institutions in Vietnam.

Article 1. Amendments and supplements to certain articles of the Decree No. 72/2016/NĐ-CP of July 1, 2016 of the Government on photographic activities

1. Amend and supplement Clause 1 of Article 9 as follows:

"1. Organizations and individuals organizing creative campaigns, creative camps, competitions, and exhibitions of photographic works in Vietnam shall submit directly or through postal service or electronic environment one notification document to the competent state agency as stipulated in Clause 3 of this Article."

2. Amend and supplement Point b Clause 3 Article 9 as follows:

"b) The Department of Culture, Sports and Tourism/The Department of Culture and Sports shall receive the notification document for creative campaigns, creative camps, competitions, and exhibitions of photographic works in Vietnam that are not covered by Point a of this Clause."

3. Amend and supplement Clause 2, Clause 3 Article 10 as follows:

"2. Organizations (central ministries, sectors, mass organizations) submitting photographic works from Vietnam to international competitions, exhibitions under the name of representing the Vietnamese nation shall submit directly or through postal service or electronic environment one notification document to the competent state agency as stipulated in Clause 4 of this Article.

3. The notification document shall clearly specify information about the organization or individual organizing the competition or exhibition of photographic works, the name, theme, content, time, and location of the competition or exhibition of photographic works.

The notification document shall be accompanied by:

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

b) Photographs intended for submission to the competition or exhibition must be annotated: photographs printed on paper with a minimum size of 13 x 18 cm or recorded on a CD (in case of direct submission/postal submission), photographs in JPG or PDF format (in case of electronic submission);

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

4. Amend and supplement Clause 3 Article 11 as follows:

"3. Organizations and individuals organizing exhibitions shall submit directly or through postal service or electronic environment one application file for a permit to the competent state agency as stipulated in Clause 4 of this Article. The application file includes:

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

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

c) Photographs intended for exhibition must be annotated: photographs printed on paper with a minimum size of 13 x 18 cm or recorded on a CD (in case of direct submission/postal submission), photographs in JPG or PDF format (in case of electronic submission);

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

d) For nude photographs revealing identity, there must be a written agreement between the photographer and the subject regarding the content, time, and scope of publication of the work."

5. Amend and supplement Point b Clause 4 Article 11 as follows:

"b) The Department of Culture, Sports and Tourism/The Department of Culture and Sports shall issue permits for exhibitions of photographic works that are not covered by Point a of this Clause."

6. Amend and supplement Clause 5 Article 11 as follows:

"5. Within three working days from the date of receiving the application file, the competent state agency receiving the application file for a permit shall be responsible for providing feedback to the organization or individual submitting the file confirming receipt of the file according to Model No. 06 attached to this Decree."

7. Amend and supplement Clause 3 Article 12 as follows:

"3. Organizations and individuals submitting photographic works from Vietnam to international exhibitions shall submit directly or through postal service or electronic environment one application file for a permit to the competent state agency as stipulated in Clause 4 of this Article. The application file includes:

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

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

c) Photographs intended for exhibition must be annotated: photographs printed on paper with a minimum size of 13 x 18 cm or recorded on a CD (in case of direct submission/postal submission), photographs in JPG or PDF format (in case of electronic submission);

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

d) For nude photographs revealing identity, there must be a written agreement between the photographer and the subject regarding the content, time, and scope of publication of the work."

8. Amend and supplement Point b Clause 4 Article 12 as follows:

"b) The Department of Culture, Sports and Tourism/The Department of Culture and Sports shall issue permits for activities of submitting photographic works from Vietnam to international exhibitions that are not covered by Point a of this Clause."

9. Amend and supplement Clause 5 Article 12 as follows:

"5. Within three working days from the date of receiving the application file, the competent state agency receiving the application file for a permit shall be responsible for providing feedback to the organization or individual submitting the file confirming receipt of the file according to Model No. 06 attached to this Decree."

10. Replace the phrase "state management agency" with "state agency" in Clause 1 Article 11; Clause 1, Point a and Point b Clause 3 Article 13; Clause 1 and Point a Clause 3 Article 14.

Article 2. Amending and supplementing some articles of Decree No. 126/2018/NĐ-CP dated September 20, 2018 of the Government on the establishment and operation of foreign cultural institutions in Vietnam.

1. Amend and supplement Clause 2 of Article 12 as follows:

"2. Procedures, methods, time limits for resolution and authority:

a) Foreign cultural institutions in Vietnam submit directly or through postal service or electronic environment one set of application documents to the People's Committee of the province or centrally governed city where the branch is planned to be established;

b) In case the application documents are not valid, within five working days from the date of receipt of the application documents, the People's Committee of the province or centrally governed city shall notify in writing directly or through postal service or email to the foreign cultural institution in Vietnam to supplement the application documents;

c) Within fifteen working days from the date of receiving complete and valid application documents, the People's Committee of the province or centrally governed city shall issue the Certificate according to Model No. 07 attached to this Decree and send a copy of the Certificate to the Ministry of Culture, Sports and Tourism. In case of refusal, it must be replied in writing with clear reasons."

2. Amending and supplementing Clause 3 of Article 13 as follows:

"3. Procedures, methods, time limits for resolution and authority:

a) Foreign cultural institutions in Vietnam submit directly or through postal service or electronic environment one set of application documents to the People's Committee of the province or centrally governed city where the Certificate was issued;

b) In case the application documents are not valid, within five working days from the date of receipt of the application documents, the People's Committee of the province or centrally governed city shall notify in writing directly or through postal service or email to the foreign cultural institution in Vietnam to supplement the application documents;

c) Within seven working days from the date of receiving complete and valid application documents, the People's Committee of the province or centrally governed city shall reissue the Certificate according to Model No. 07 attached to this Decree and send a copy of the Certificate to the Ministry of Culture, Sports and Tourism. In case of refusal, it must be replied in writing with clear reasons."

3. Amending and supplementing Clause 2 of Article 14 as follows:

"2. Procedures, methods, time limits for resolution and authority:

a) At least forty-five working days before the expiry date of the Certificate, foreign cultural institutions in Vietnam that need to extend the Certificate submit directly or through postal service or electronic environment one set of application documents to the People's Committee of the province or centrally governed city where the Certificate was issued;

b) In case the application documents are not valid, within five working days from the date of receipt of the application documents, the People's Committee of the province or centrally governed city shall notify in writing directly or through postal service or email to the foreign cultural institution in Vietnam to supplement the application documents;

c) Within five working days from the date of receiving complete and valid application documents, the People's Committee of the province or centrally governed city shall extend the Certificate and send a copy of the Certificate to the Ministry of Culture, Sports and Tourism. In case of refusal, it must be replied in writing with clear reasons."

4. Repealing the phrase "branch" at Clause 2 of Article 21.

5. Amend and supplement Article 23 as follows:

"Article 23. Responsibilities of the People's Committees of provinces and centrally governed cities

1. Issuing, reissuing, extending Certificates for establishment and operation of branches; managing, suspending, terminating operations of branches of foreign cultural institutions in Vietnam located in the locality.

2. Cooperating with the Ministry of Culture, Sports and Tourism and relevant agencies to manage foreign cultural institutions in Vietnam and activities organized by foreign cultural institutions and their branches in the locality.

3. Before December 5 each year, compiling and sending to the Ministry of Culture, Sports and Tourism a written report according to the administrative agency reporting system regarding the situation and results of operations up to November 30 of the branches of foreign cultural institutions in Vietnam."

6. Replacing the phrase "Minister of Culture, Sports and Tourism", "Ministry of Culture, Sports and Tourism" with "the competent authority issuing permission pursuant to Clause 2 of Article 5, Clause 3 of Article 8 and Clause 2 of Article 12 of this Decree" in Article 19.

7. Amending and supplementing some models as follows:

a) Amending Model No. 03 of the Appendix promulgated together with Decree No. 126/2018/NĐ-CP dated September 20, 2018 in Appendix I promulgated together with this Decree;

b) Amending Model No. 06 of the Appendix promulgated together with Decree No. 126/2018/NĐ-CP dated September 20, 2018 in Appendix II promulgated together with this Decree;

c) Amending Model No. 07 of the Appendix promulgated together with Decree No. 126/2018/NĐ-CP dated September 20, 2018 in Appendix III promulgated together with this Decree.

Article 3. Implementation Provisions

1. This Decree takes effect from the date of issuance.

2. Transitional provisions:

a) The Exhibition Permit for photographic works and the Certificate of Establishment and Operation of Branches of foreign cultural institutions in Vietnam issued by the competent state authorities before the effective date of this Decree shall continue to be valid until the expiration date stated on the Exhibition Permit for photographic works and the Certificate of Establishment and Operation of Branches of foreign cultural institutions in Vietnam;

b) For applications for Exhibition Permit for photographic works and Certificate of Establishment and Operation of Branches of foreign cultural institutions in Vietnam submitted before the effective date of this Decree but not yet issued, they shall continue to be processed according to Decree No. 72/2016/NĐ-CP dated July 1, 2016 and Decree No. 126/2018/NĐ-CP dated September 20, 2018 of the Government.

Article 4. Responsibilities for Implementation

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of provincial and centrally governed city People's Committees and related organizations and individuals are responsible for implementing this Decree.