Decree No. 90/2014/NĐ-CP on the "Ho Chi Minh Award" and the "State Award" for literature and art

DECREE

concerning the "Ho Chi Minh Award"

"State Award" for literature and arts

_____________

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

Pursuant to 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 the Decree on the "Ho Chi Minh Award", "State Award" for literature and arts.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the subjects, criteria, procedures, and formalities for awarding the "Ho Chi Minh Award", "State Award" for literature and arts.

Article 2. Applicability

This Decree applies to:

1. Authors, co-authors (hereinafter referred to as authors) who are Vietnamese citizens or foreigners with literary and artistic works, clusters of works, projects, clusters of projects (hereinafter referred to as works, projects) in literature and arts that meet the conditions and criteria specified in Articles 8, 9, and 10 of this Decree, in the following specialties may be nominated for the "Ho Chi Minh Award" and "State Award":

a) Music: Works in various music genres; research, theoretical, and critical works on music;

b) Cinema: Works in various film genres (feature films, documentary films, scientific films, animated films, television series); research, theoretical, and critical works on cinema; screenplays adapted into films and publicly screened;

c) Architecture: Constructed architectural works; research, theoretical, and critical works on architecture; urban planning projects approved and implemented;

d) Dance: Works in various dance genres (dance dramas, musical dramas, independent dance forms); research, theoretical, and critical works on dance; dance scripts staged and performed publicly;

đ) Fine Arts: Works in various fine art genres (painting, graphics, sculpture, applied arts, decorative arts, monuments, grand paintings); research, theoretical, and critical works on fine arts;

e) Photography: Photographic works; research, theoretical, and critical works on photography;

g) Theater: Works in various theater genres; research, theoretical, and critical works on theater; theatrical scripts staged and performed publicly;

h) Literature: Works in various literary genres; research, theoretical, and critical works on literature;

i) Folk Literature and Art: Collections of folk literature and art works; research, theoretical, and critical works on folk literature and art;

2. Organizations and individuals related to the activities of awarding the "Ho Chi Minh Award", "State Award" for literature and arts.

Article 3. Explanation of Terms

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

1. Literary and artistic works are creative products in the field of literature and arts expressed through any means or form.

2. Literary and artistic projects are products of creative activities in the fields of research, theory, criticism, and collection of literature and arts.

3. A cluster of literary and artistic works is a collection of works belonging to one specialty in literature and arts by one author or co-authors.

4. A cluster of literary and artistic projects is a collection of projects belonging to one specialty in literature and arts by one author or co-authors.

5. An author is the person directly creating literary and artistic works, clusters of works, projects, clusters of projects.

6. Co-authors are two or more persons directly creating literary and artistic works, clusters of works, projects, clusters of projects.

Article 4. Principles for awarding the "Ho Chi Minh Prize" and the "State Prize" in literature and art

1. The awarding process shall be based on voluntariness.

2. The organization of the awarding process must ensure objectivity, fairness, accuracy, and transparency.

3. A work or project of a literary or artistic author may only be proposed for awarding in one specific field of literature or art.

4. Works or projects of authors who have been awarded the "State Prize" shall not be combined with other works or projects to propose for the "Ho Chi Minh Prize".

Article 5. Authority to organize the awarding of the "Ho Chi Minh Prize" and the "State Prize" in literature and art

1. The Ministry of Culture, Sports and Tourism shall take the lead in organizing the awarding of the "Ho Chi Minh Prize" and the "State Prize" in literature and art.

2. The Ministry of Culture, Sports and Tourism shall issue a Plan for awarding the "Ho Chi Minh Prize" and the "State Prize" in literature and art (hereinafter referred to as the Plan) before each awarding session.

Article 6. Rights and obligations of authors whose works or projects in literature and art are awarded the "Ho Chi Minh Prize" and the "State Prize"

1. Authors whose works or projects in literature and art are awarded the "Ho Chi Minh Prize" and the "State Prize" by the President of the State; they will be presented with Certificates recognizing the "Ho Chi Minh Prize" and the "State Prize" in literature and art; and they will enjoy rights and fulfill obligations according to the laws on competition and rewards.

2. The prize money for authors whose works or projects are awarded the "Ho Chi Minh Prize" and the "State Prize" in literature and art shall be implemented as follows:

a) "Ho Chi Minh Prize" in literature and art: 270 times the base salary at the time of the decision to award the Prize;

b) "State Prize" in literature and art: 170 times the base salary at the time of the decision to award the Prize.

Article 7. Budget for organizing the awarding process and prize money for the "Ho Chi Minh Prize" and the "State Prize" in literature and art

1. The budget for organizing the awarding of the "Ho Chi Minh Prize" and the "State Prize" in literature and art shall be used for the following activities:

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

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

c) Holding meetings of all levels of Councils;

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

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

e) Organizing ceremonies to present the "Ho Chi Minh Prize" and the "State Prize" in literature and art;

g) Other activities as prescribed by law.

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

2. The budget for organizing the awarding process and prize money for the "Ho Chi Minh Prize" and the "State Prize" in literature and art 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 grassroots Councils established by the Central Association of Literature and Art Specialized Branches, specialized Councils at the state level, and state-level Councils; organizing ceremonies to present the "Ho Chi Minh Prize" and the "State Prize" in literature and art, and related expenses in accordance with the provisions of the law;

b) The Chairperson of the People's Committee of provinces and centrally-administered cities shall be responsible for allocating funds for the activities of organizing the awarding process by grassroots Councils in their localities;

c) Prize money for the "Ho Chi Minh Prize" and the "State Prize" in literature and art shall be allocated from the budgets of Ministries, agencies equivalent to ministries, agencies under the Government, and People's Committees of provinces and centrally-administered cities in accordance with the provisions of the law.

Chapter II

CONDITIONS AND STANDARDS FOR CONFERING THE "HO CHI MINH PRIZE", "STATE PRIZE" IN LITERATURE AND ART

 CONFERING THE "HO CHI MINH PRIZE", "STATE PRIZE" IN LITERATURE AND ART

REGARDING LITERATURE AND ART

Article 8. Conditions for Confering the "Ho Chi Minh Prize", "State Prize" in Literature and Art

1. Literary and artistic works and projects that meet the following conditions shall be considered for confering the "Ho Chi Minh Prize", "State Prize":

a) Have been published in various forms such as publication, architecture, exhibition, stage, film, radio, television, teaching, audio recordings, and other forms since September 2, 1945, the day the Democratic Republic of Vietnam was established. The minimum time from publication to submission at the Department of Culture, Sports and Tourism and the Central Specialized Literature and Art Association is five years for the "Ho Chi Minh Prize" and three years for the "State Prize";

b) There is no dispute over copyright from the date of publication.

2. Authors with literary and artistic works and projects eligible for the "Ho Chi Minh Prize", "State Prize" must comply with Vietnamese laws.

Article 9. Standards for Confering the "Ho Chi Minh Prize" in Literature and Art

Authors eligible for the "Ho Chi Minh Award" must have literary and artistic works and projects that meet the following criteria:

1. Having extraordinary excellence in literature and art, both in ideological content and artistic form;

2. Having significant impact on serving the revolutionary cause, having wide and long-lasting influence on social life, making important contributions to changing public perception in the development of Vietnamese literature and art, and in building and defending the country;

3. Particularly outstanding if meeting one of the following standards:

a) Having received a Gold Award, First Prize, or A Award at national professional competitions, festivals, and exhibitions organized by the Ministry of Culture, Sports and Tourism;

b) Having received the highest award from the Central Specialized Literature and Art Association in the relevant field or the top prize at international professional competitions, festivals, and exhibitions.

Article 10. Standards for Confering the "State Prize" in Literature and Art

Authors eligible for the "State Award" must have literary and artistic works and projects that meet the following criteria:

1. Having excellence in literature and art, both in ideological content and artistic form;

2. Having positive effects in education, building new people, improving the aesthetic level of the people, making significant contributions to changing public perception in the development of Vietnamese literature and art, and in building and defending the country;

3. Outstanding if meeting one of the following standards:

a) Having received a Gold Award or First Prize or A Award at national professional competitions, festivals, and exhibitions organized by the Ministry of Culture, Sports and Tourism;

b) Having received the highest award from the Central Specialized Literature and Art Association in the relevant field or the main award at international professional competitions, festivals, and exhibitions.

Chapter III

PROCEDURES FOR CONFERING THE "HO CHI MINH PRIZE",

 "STATE PRIZE" IN LITERATURE AND ART

Article 11. Time for Confering the "Ho Chi Minh Prize", "State Prize" in Literature and Art

The "Ho Chi Minh Prize", "State Prize" in Literature and Art are conferred and announced every five years, on the occasion of National Day, September 2.

Article 12. Procedure for awarding the "Ho Chi Minh Award" and the "State Award" in literature and art

The process of awarding the "Ho Chi Minh Award" and the "State Award" in literature and art shall be carried out through three levels of Councils as follows:

1. The grassroots level Council at the provincial level (hereinafter referred to as the provincial level) shall be established by the Chairman of the People's Committee at the provincial level or at the Central Specialized Literature and Art Association by the Chairman of the Central Specialized Literature and Art Association.

2. The national specialized level Council shall be established by the Minister of Culture, Sports and Tourism according to each field of art: Music, Cinema, Architecture, Dance, Fine Arts, Photography, Theater, Literature, Folk Literature and Art.

3. The national level Council shall be established by the Prime Minister upon the proposal of the Minister of Culture, Sports and Tourism.

Article 13. Principles of operation of Councils at all levels

1. The Council shall be established for each round of award consideration and shall dissolve itself after completing its tasks.

2. Authors with works and projects currently being proposed for the "Ho Chi Minh Award" and the "State Award" in literature and art shall not participate in the Councils at any level.

3. The Council shall operate on the principles of democracy, transparency, and secret ballot.

4. The Council shall convene a meeting when at least 75% of the Council members are present, including the Chairman of the Council or the Vice-Chairman of the Council authorized by the Chairman of the Council. Opinions of absent members shall be obtained through ballots.

5. The Council shall examine and discuss each work and project proposed for the "Ho Chi Minh Award" and the "State Award" in literature and art according to the criteria stipulated in Articles 9 and 10 of this Decree.

6. The upper-level Council shall only accept and consider files submitted by the lower-level Councils in accordance with the procedures specified in Articles 15, 16, and 17 of this Decree.

Article 14. Application Files for Consideration of the "Ho Chi Minh Award" and the "State Award" in Literature and Art

1. Application files for consideration of the "Ho Chi Minh Award" and the "State Award" in literature and art shall include:

a) A registration form for literary and artistic works and projects proposed for the "Ho Chi Minh Award" and the "State Award" in literature and art according to Model 1a and Model 1b attached to this Decree;

b) Copies or photographs of the works and projects proposed for the "Ho Chi Minh Award" and the "State Award" printed on A4 paper, accompanied by basic information about the year and month of publication; a summary of the work's content;

c) Certified copies of the Decision on awarding prizes or certificates of awards as prescribed in Clause 3 of Article 9 and Clause 3 of Article 10 of this Decree;

d) For literary and artistic works of foreign authors where the application uses a foreign language, a certified translation into Vietnamese must be attached;

đ) Other related documents concerning the work and project (if any).

2. Authors registering literary and artistic works and projects proposed for the "Ho Chi Minh Award" or the "State Award" according to their specialization shall submit one set of application files as prescribed in Clause 1 of this Article directly or by post to the Department of Culture, Sports and Tourism or the Central Literature and Art Association in case the author is a member of the association within the time frame specified in the Plan.

In cases where the author has passed away, the legal representative of the author or the Executive Board of the Literature and Art Association where the author is a member, after reaching an agreement with the legal representative of the author, shall register the literary and artistic works and projects proposed for the "Ho Chi Minh Award" or the "State Award" in accordance with the regulations.

Article 15. Procedures for awarding the "Ho Chi Minh Award" and the "State Award" in literature and art at the grassroots Council

1. The grassroots Council at the provincial level shall consist of 11 to 13 members, including:

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

b) Deputy Chairpersons of the Council are the Director of the Department of Culture, Sports and Tourism and the Chairman of the Provincial Literature and Art Association;

c) Members of the Council include representatives from certain political-social agencies and organizations, social-professional organizations at the provincial level related to the specialized field; experts; authors who have been awarded the "Ho Chi Minh Award" and the "State Award" in literature and art within the specialized field.

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

2. The grassroots Council at the central specialized Literature and Art Associations shall consist of 11 to 13 members, including:

a) The Chairman of the Council is the Chairman of the Central Association of Literature and Art;

b) The Vice Chairmen of the Council are the Deputy Chairmen of the Central Association of Literature and Art;

c) Members of the Council include representatives from certain agencies, experts; authors who have been awarded the "Ho Chi Minh Award" and the "State Award" in literature and art within the specialized field.

The Council uses the seal of the Central Specialized Literature and Art Association. The Council has a Secretariat established by the Chairman of the Council.

3. Responsibilities of the grassroots Council:

a) Review and evaluate nomination files for the "Ho Chi Minh Award" and the "State Award" in literature and art according to regulations;

b) Publicly announce the results of the award within five working days from the end of the review and evaluation period of the files;

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

d) Complete nomination files meeting the conditions and criteria for the "Ho Chi Minh Award" and the "State Award" in literature and art and obtain at least 90% of the total number of Council members' votes to send to the permanent agency of the national specialized Council according to the time specified in the Plan.

4. The grassroots Council sends one set of nomination files to the permanent agency of the national specialized Council. The files include:

a) A proposal for awarding the "Ho Chi Minh Award" and the "State Award" in literature and art according to Model 2a and Model 2b attached to this Decree;

b) A list of works and projects meeting the conditions and criteria for nomination for the "Ho Chi Minh Award" and the "State Award" in literature and art according to Model 3a and Model 3b attached to this Decree;

c) Minutes of the Council meeting for awarding the "Ho Chi Minh Award" and the "State Award" in literature and art according to Model 4a and Model 4b attached to this Decree;

d) Minutes of the ballot counting for awarding works and projects nominated for the "Ho Chi Minh Award" and the "State Award" in literature and art according to Model 5a and Model 5b attached to this Decree;

đ) Report on the process of awarding the "Ho Chi Minh Award" and the "State Award" in literature and art by the Council according to Model 6a and Model 6b attached to this Decree;

e) Decision establishing the grassroots Council for awarding the "Ho Chi Minh Award" and the "State Award" in literature and art;

g) Files prescribed in Clause 1 of Article 14 of this Decree.

Article 16. Procedures for awarding the "Ho Chi Minh Award" and the "State Award" in the field of literature and art at the specialized council at the national level

1. The specialized council at the national level shall consist of from 15 to 17 members, including:

a) The Chairman of the Council is a representative of the leadership of the Ministry of Culture, Sports and Tourism;

b) Deputy Chairpersons of the Council are the Director of the Department of Mobilization and Reward, the Director of the Cinema Department or the Director of the Performing Arts Department or the Director of the Fine Arts, Photography and Exhibition Department under the Ministry of Culture, Sports and Tourism, and the Chairman of the Central Association of Literature and Art Specialized Fields;

c) Members of the Council include representatives of certain political and social organizations, social-professional organizations at the central level related to the specialized field; experts; authors who have been awarded the "Ho Chi Minh Award" and the "State Award" in the field of literature and art within the specialized field.

2. The specialized council at the national level shall use the seal of the Ministry of Culture, Sports and Tourism. Depending on each specialized field, the Cinema Department or the Performing Arts Department or the Fine Arts, Photography and Exhibition Department under the Ministry of Culture, Sports and Tourism shall be the permanent agency of the Council. The Council shall establish a Secretariat Team.

3. Responsibilities of the specialized council at the national level:

a) Review and evaluate nomination files for the "Ho Chi Minh Award" and the "State Award" in literature and art according to regulations;

b) Publicly announce the results of the awarding process on mass media within 15 days from the end date of reviewing and assessing the files;

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

d) Complete the files meeting the conditions and criteria for awarding the "Ho Chi Minh Award" and the "State Award" in the field of literature and art, and obtain at least 90% of the total number of Council members' votes to send to the permanent agency of the national-level Council according to the time specified in the Plan.

4. The specialized council at the national level shall submit one set of files to the permanent agency of the national-level Council. The files include:

a) Documents prescribed in Points a, b, c, d, đ and g Clause 4 Article 15 of this Decree;

b) Decision establishing the specialized council at the national level for awarding the "Ho Chi Minh Award" and the "State Award" in the field of literature and art.

Article 17. Procedures for awarding the "Ho Chi Minh Award" and the "State Award" in the field of literature and art at the national-level council

1. The national-level council shall consist of from 25 to 29 members, including:

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

b) Deputy Chairpersons of the Council are leaders of the Ministry of Culture, Sports and Tourism, leaders of the Central Mobilization and Reward Board, and the Chairman of the Vietnam Federation of Literature and Art Associations;

c) Members of the Council include representatives of leaders of agencies, political and social organizations, social-professional organizations at the central level related to literary and artistic fields; experts; authors who have been awarded the "Ho Chi Minh Award" and the "State Award" in the field of literature and art within the various specialized fields.

2. The national-level council shall use the seal of the Ministry of Culture, Sports and Tourism. The Ministry of Culture, Sports and Tourism shall be the permanent agency of the national-level council. The Council shall establish a Secretariat Team.

3. Responsibilities of the national-level council:

a) Review, assess, and vote to select works and projects in literature and art proposed for awarding the "Ho Chi Minh Award" and the "State Award" in accordance with regulations;

b) Publicly announce the results of the awarding process on mass media within 20 days from the end date of reviewing, assessing, and selecting works and projects;

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

d) Prepare the file for proposing the awarding of the "Ho Chi Minh Award" and the "State Award" in the field of literature and art to the Prime Minister in accordance with Clause 4 of this Article and obtain at least 90% of the total number of Council members' votes.

4. The national-level council shall submit three sets of files to the Central Mobilization and Reward Board for consolidation and submission to the Prime Minister according to the time specified in the Plan. The files include:

a) Documents prescribed in Points a, b, c, d, đ and g Clause 4 Article 15 of this Decree;

b) Decision establishing the national-level council for awarding the "Ho Chi Minh Award" and the "State Award" in the field of literature and art.

Chapter IV

IMPLEMENTING PROVISIONS

Article 18. Effective Date

This Decree takes effect from November 15, 2014.

Article 19. Implementation

1. The Minister, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairmen of Provincial People's Committees under the direct jurisdiction 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./