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Decree No. 79/2012/ND-CP

(Số lần đọc 323)

THE GOVERNMENT 
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No. 79/2012/ND-CP

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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Hanoi, October 05, 2012

 

DECREE

ON ART PERFORMANCES, FASHION SHOWS, MODEL CONTESTS AND BEAUTY CONTESTS; THE CIRCULATION AND TRADE OF AUDIO AND VIDEO RECORDINGS OF ART PERFORMANCES

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

Pursuant to the Law on the Promulgation of legal documents 2008;

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

The Government promulgates a Decree on art performances, fashion shows, model contests and beauty contests; the circulation and trade of audio and video recordings of art performances,

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Decree prescribes the art performances, fashion shows, model contests and beauty contests; the circulation and trade of audio and video recordings of art performances in Vietnam or from Vietnam to abroad.

2. This Decree is applicable to Vietnamese organizations and individuals and foreign organizations and individuals engaged in the activities prescribed in Clause 1 this Article.

Article 2. Interpretation of terms

The terms in this Decree are construed as follows:

1. Art performances are shows, acts, and plays being presented to the public by performers

2. Performing arts include: traditional opera, circus, puppetry, “bài chòi” (a traditional Vietnamese card game combined with singing), plays, traditional musicals, mime, musicals, concerts, singing, dancing, verse chanting, comedy, variety shows, and other kinds of performing arts.

3. Fashion shows are activities aiming to present the fashion products to the public via fashion models.

4. Beauty contests are cultural activities aiming to select ethical women with well-proportioned body shapes, attractive faces, and knowledge of cultures and society by certain criteria for giving awards.

5. Model contest is an activity to select male or female models with attractive body shapes that satisfy the criteria set by the contest.

Article 3. The State’s policies

1. The State introduces the following policies:

a) Encouraging Vietnamese organizations and individuals from all economic sectors to participate in art performances, fashion shows, model contest and beauty contests; the circulation and trade of audio and video recordings of art performances;

b) Investing in the collection, study, preservation, and promotion of the value of traditional performing arts, selectively adopting the world’s finest art;

c) Supporting art performances in impoverished areas;

d) Supporting, ordering the composition, arrangement, and performance of high-quality artistic works and artistic works serving children and teenagers;

dd) Training and cultivating young artistic talents.

2. The Ministry of Culture, Sports and Tourism shall lead and cooperate with the Ministry of Planning and Investment, the Ministry of Finance, and relevant Ministries and sectors in implement the policies prescribed in Clause 1 this Article.

Article 4. The State management

1. Formulating, promulgating, and organizing the implementation of legal policies, strategies, plannings, and plans for develop art performances, fashion shows, model contests and beauty contests; the circulation and trade of audio and video recordings of art performances.

2. Managing the scientific research, training and developing human resources for State management of art performances, fashion shows, model contests and beauty contests; the circulation and trade of audio and video recordings of art performances.

3. Managing the international cooperation in art performances, fashion shows, model contests and beauty contests; the circulation and trade of audio and video recordings of art performances

4. Issuing and revoking Licenses to participate in art performances, fashion shows, model contests and beauty contests; the circulation and trade of audio and video recordings of art performances in Vietnam or from Vietnam to abroad.

5. Organizing commendation for Article performance, organizing professional art festivals and contests.

6. Inspecting, settling complaints and denunciations, and handling violations of art performances, fashion shows, model contests and beauty contests; the circulation and trade of audio and video recordings of art performances.

Article 5. State management agencies

1. The Government shall unify the State management of art performances, fashion shows, model contests and beauty contests; the circulation and trade of audio and video recordings of art performances nationwide.

2. The Ministry of Culture, Sports and Tourism must assist the Government in the State management of art performances, fashion shows, model contests and beauty contests; the circulation and trade of audio and video recordings of art performances.

3. The Ministries, ministerial-level agencies, Governmental agencies must cooperate with the Ministry of Culture, Sports and Tourism in the State management of art performances, fashion shows, model contests and beauty contests; the circulation and trade of audio and video recordings of art performances.

4. People’s Committees of central-affiliated cities and provinces (hereinafter referred to as provincial People’s Committees) must perform the State management of local art performances, fashion shows, model and beauty contests; the circulation and trade of audio and video recordings of art performances within their localities and authority.

Article 6. Prohibitions

1. Violating Article 3 of the Regulation on cultural activities and the provision of public cultural services, promulgated together with the Government's Decree No. 103/2009/ND-CP dated November 06, 2009.

2. For organizations and individuals that participate in or hold art performances, fashion shows, model contests and beauty contests:

a) Changing the contents or adding moves inconsistent with the approved contents;

b) Advertising in a way that impersonate artists or art groups; advertising artists inconsistently with the licensed contents;

c) Using costumes or make-up in appropriate to the performance purpose or contents, and the traditional customs of Vietnam’s culture.

d) Using sound recordings to replace the actual voice of performers or actual sound of musical instruments;

dd) Committing ill-mannered acts or acts that negatively affect diplomatic relationships;

e) Holding performances for persons banned from performance by State management agencies in charge of culture, sports and tourism.

3. For organizations and individuals that circulate and trade audio and video recordings of art performances:

a) Adding or cutting pictures or sounds that change the contents of the audio and video recordings permitted to circulate;

b) Reproducing audio and video recordings banned from circulation or decided to be confiscated and destructed;

c) Reproducing audio and video recordings without the consent from the owner of their copyright.

4. Publicizing art works inappropriate to the traditional ethics and culture.

5. Violating the provisions on copyright and relevant rights

Article 7. Responsibilities of organizations and individuals when participating in and holding art performances, fashion shows, model contests and beauty contests; the circulation and trade of audio and video recordings of art performances

1. Responsibilities of owners of locations for holding art performances, fashion shows, model contests and beauty contests:

a) Not issuing more tickets than the number of seats or the capacity of the location in order to assure the quality of the art performances, fashion shows, model contests and beauty contests:

b) Ensuring that the performance sound does not exceed the limit of permissible noise;

c) Ensuring the security and order, explosion and fire safety as prescribed;

d) The regulation must be posted at the location;

dd) The art performances and fashion shows that last longer than 00.PM until 08.AM must be approved by local competent State management agencies;

e) Applying for the license as prescribed (except for the cases prescribed in Clause 1 Article 12 of this Decree).

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

a) Notifying the performance contents to local the Services of Culture, Sports and Tourism in writing before the date of performance at least 05 working days;

b) Complying with law provisions on copyright and relevant rights;

c) Complying with the issued license and relevant law provisions;

d) Complying with the host country’s law when holding art performances, fashion shows, model contests and beauty contests overseas, and reporting the results with the licensing agency within 07 days after going back to Vietnam;

dd) Giving awards to wining individuals and collectives right after announcing the contest results.

3. Responsibilities of Article performers, fashion models, and contestants of model contests and beauty contests:

a) Only rendering the songs and plays permitted to be publicized; presenting the collections and fashion designs consistently with the license;

b) For Vietnamese contestants in international beauty contests and model contests must comply with the regulations of the organizers and the host country's law.

4. Responsibilities of organizations and individuals that circulate and trade audio and video recordings of art performances:

a) Only reproducing audio and video recordings of which the contents have been approved in writing;

b) Only selling, renting audio and video recordings fixed with control labels.

5. Paying tax, fees and charges as prescribed by law.

Chapter 2.

ART PERFORMANCES AND FASHION SHOWS

Article 8. Performers and organizers of art performances and fashion shows

1. Organizers of art performances and fashion shows include:

a) Theatres, art groups, cultural houses, sports and culture centers;

b) Theatres and art groups belonging to the armed forces;

c) Enterprises licensed to hold art performances and fashion shows;

d) Associations of literature, art; art training institutions;

dd) Radio and television agencies;

e) Owners of locations and business households that hold art performances and fashion shows;

2. Performers of art performances and fashion shows

a) Vietnamese individuals;

b) Foreign individuals;

c) Vietnamese individuals residing overseas.

Article 9. Authority and procedures for issuing licenses to perform in and to hold art performances and fashion shows

1. Authority and procedures for issuing licenses to hold art performances and fashion shows in Vietnam:

a) Authority:

- The Department of Performing arts shall receive dossiers and issue licenses to hold art performances and fashion shows to the subjects prescribed in Point a, b, d and dd Clause 1 Article 8 of this Decree, that belong to central agencies;

- The Services of Culture, Sports and Tourism shall receive dossiers and issue licenses to hold art performances and fashion shows to the local subjects prescribed in Point a, c, d and dd Clause 1 Article 8 of this Decree;

b) Procedures:

The subjects prescribed in Clause 1 Article 8 of this Decree that apply for the license to hold art performances and fashion shows must send 01 dossier, directly or by post, to the Department of Performing arts or the Services of Culture, Sports and Tourism. The dossier comprises:

- 01 application for the license to hold art performances and fashion shows (form No. 01);

- 01 copy of the show contents, writers, directors, performers; the list of collections and sketch designs of fashion shows;

- 01 music sheet or script of the works performed for the first time;

- 01 authenticated copy of the Decision on permitting foreign organizations, foreign individuals, or Vietnamese individuals residing overseas to perform in art performances and fashion shows in Vietnam (for shows participated by foreign organizations, foreign individuals, or Vietnamese individuals residing overseas);

- 01 written consent from the provincial People’s Committee where the performance is going to take place (for shows participated by foreign organizations);

- 01 authenticated copy of the Establishment Decision or Enterprise registration certificate of the enterprise licensed to do cultural and artistic activities.

2. Authority and procedures for licensing the subjects prescribed in Clause 1 Article 8 of this Decree to invite foreign organizations, foreign individuals, or Vietnamese individuals residing overseas to perform in art performances and fashion shows in Vietnam:

a) Authority:

- The Ministry of Culture, Sports and Tourism shall license the subjects belonging to central agencies to invite the foreign organizations and individuals prescribed in Point b Clause 2 Article 8 of this Decree to perform in art performances and fashion shows in Vietnam;

- Provincial People’s Committees shall license the local subjects to invite the foreign organizations and individuals prescribed in Point b Clause 2 Article 8 of this Decree to perform in local art performances and fashion shows;

- The Department of Performing arts shall license the subjects prescribed in Clause 1 Article 8 of this Decree to invite the Vietnamese individuals residing overseas prescribed in Point c Clause 2 Article 8 of this Decree to perform in art performances and fashion shows in Vietnam.

b) Procedures:

The subjects prescribed in Clause 1 Article 8 of this Decree that invite foreign organizations, foreign individuals, and Vietnamese individuals residing overseas to perform in art performances and fashion shows in Vietnam must send 01 dossier, directly or by post, to the Department of Performing arts or the Services of Culture, Sports and Tourism. The dossier comprises:

- 01 application for the license to perform in art performances and fashion shows in Vietnam (form No. 02);

- 01 original or authenticated copy of the invitation or written agreement with the foreign organization (the Vietnamese translation certified by a translation company);

- 01 authenticated copy of the written remark from a diplomatic agency in the host country (for Vietnamese individuals residing overseas);

- 01 authenticated copy of the Establishment Decision or Enterprise registration certificate of the enterprise licensed to do cultural and artistic activities.

3. Authority and procedures for licensing Vietnamese organizations and individuals to perform in art performances and fashion shows overseas:

a) Authority:

- The Ministry of Culture, Sports and Tourism shall license the subjects prescribed in Point a, b, d, and dd Clause 1 Article 8 of this Decree, that belong to central agencies;

- Provincial People’s Committees shall license the local subjects prescribed in Point a, c, d, and dd Clause 1 Article 8 of this Decree.

b) Procedures:

The subjects prescribed in Clause 1 Article 8 of this Decree that apply for the license to perform in art performances and fashion shows overseas must send 01 dossier, directly or by post, to the Department of Performing arts or the Services of Culture, Sports and Tourism. The dossier comprises:

- 01 application for the license to perform in art performances and fashion shows overseas (form No. 03);

- 01 copy of the show contents, writers, directors, performers; the list of collections and sketches of fashion shows;

- 01 music sheet or script of the works performed for the first time;

- 01 original or authenticated copy of the invitation or written agreement with the foreign organization (the Vietnamese translation certified by a translation company);

- 01 authenticated copy of the Enterprise registration certificate of the enterprise licensed to do cultural and artistic activities.

Article 10. Time limit for licensing and validity of licenses

1. Time limit for appraising dossiers and issuing licenses:

a) If the dossier is incomplete, the licensing agency must request the completion in writing within 03 working days as from receiving the dossier.

b) Within 05 working days as from receiving the complete and valid dossier, the competent State agency must appraise the dossier and issue the license to hold the art performances and fashion shows in Vietnam or overseas. The refusal to license must be notified and explained in writing;

c) When competent State management agencies wish to appraise of the art performances and fashion shows serving political purposes, the festivals and shows that collect money from selling tickets, and the shows serving other purposes, the organizations and individuals that apply for the licenses must facilitate the Art council appraising the program before the performance.

2. License validity

The license to hold art performances and fashion shows is valid nationwide, unless the performance locations are restricted in the license.

Article 11. Art performances and fashion shows of foreign organizations and individuals operating lawfully in Vietnam

1. The art performances and fashion shows held within their office building are exempted from licensing, but must comply with Point a Clause 2 Article 7 of this Decree.

2. The art performances and fashion shows held outside the office building or the residence must follow the procedures for issuing the license to hold art performances and fashion shows as prescribed in Clause 1 Article 9 of this Decree via the subjects prescribed in Clause 1 Article 8 of this Decree. Complying with Clause 2 Article 9 of this Decree when inviting foreign organizations and individuals or Vietnamese individuals residing overseas to perform in art performances and fashion shows in Vietnam.

Article 12. Holding complimentary art performances and fashion shows

1. Organizations and individuals holding shows performed by Vietnamese art groups and performers serving internal purposes or at lodging establishments, restaurants without selling tickets and collect money are exempted from licensing, but must comply with relevant provisions in Article 7 and other provisions in this Decree.

2. The art performances and fashion shows participated by foreign individuals or Vietnamese individuals residing overseas must comply with Clause 2 Article 9 of this Decree.

Article 13. Art performances and fashion shows held by the armed forces

1. The organizations belonging to the armed forces that hold art performances and fashion shows serving internal purposes and political purposes, the organizations and individuals belonging to the armed forces performing in art performances and fashion shows overseas; organizations and individuals belonging to foreign armed forces performing in art performances and fashion shows in Vietnam, must comply with the provisions of the Ministries in charge.

2. The art performances and fashion shows serving business purposes must comply with Clause 1 Article 9 of this Decree.

Article 14. Art performances and fashion shows held by radio and television agencies

1. When holding art performances and fashion shows within the office building of the radio and television agencies for broadcasting, the heads of the radio and television agencies are responsible for the programs and exempted from applying for the license to hold art performances and fashion shows.

2. The art performances and fashion shows serving business purposes held outside the office building of the radio and television agencies must comply with Clause 1 and 2 Article 9 of this Decree.

Article 15. Public art performances

1. The public art performances are exempted from licensing, but must comply with Article 6, and Clause 1, 2 and 3 Article 7 of this Decree, and the following provisions:

a) The organizers shall be responsible for the shows held in residential areas or for internal purposes aiming to serve political purposes or demand for art performances;

b) When holding shows outside the internal purpose, the purpose, range, contents, time, and location of performance must be notified in writing to the local Service of Culture, Sports and Tourism at least 05 working days before the date of performance.

2. When performing in another locality, public art groups must notify in writing the internal purpose, the purpose, range, contents, time, and location of performance, and the persons in charge to the local Service of Culture, Sports and Tourism at least 05 working days before the date of performance.

3. Public art groups that perform in art performances and fashion shows that sell tickets and collect money must comply with Clause 1 Article 9 of this Decree.

Article 16. Holding contests and art festivals

The organization of contests and art festivals shall be prescribed by the Ministry of Culture, Sports and Tourism.

Chapter 3.

BEAUTY CONTESTS AND MODEL CONTESTS

Article 17. Organizers of beauty contests and model contests

1. Vietnamese organizations licensed to do cultural and artistic activities.

2. Foreign organizations cooperating with Vietnamese organizations licensed to do cultural and artistic activities to hold contests in Vietnam.

Article 18. Name and quantity of beauty contests in Vietnam

1. National beauty contests are named “Miss”.

2. For other beauty contests, the organizers must choose appropriate names depending on their purposes, meanings, and criteria.

3. Quantity of beauty contests every year:

a) No more than 02 national beauty contests in a year;

b) No more than 03 regional, sectoral beauty contests in a year;

c) No more than 01 provincial beauty contest in a year;

d) For international beauty contests held in Vietnam, the Ministry of Culture, Sports and Tourism shall consider and make decisions depending on the particular situation.

Article 19. Conditions for contestants in beauty contests and model contests in Vietnam

1. For contestants in beauty contests:

a) Female Vietnamese citizens, at the age of 18 or older, of natural beauty;

b) Possess at least a high school diploma;

c) Have a clean police record, not liable to criminal prosecution;

d) Satisfy the criteria set by the organizers.

2. For contestants in model contests:

a) Male or female Vietnamese citizens, at the age of 18 or older;

b) Satisfy the conditions in Point b, c and d Clause 1 this Article.

Article 20. Authority to license beauty contests and model contests

1. The Ministry of Culture, Sports and Tourism shall issue licenses to hold:

a) National beauty contests;

b) International model contests held in Vietnam;

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

2. The Department of Performing arts shall issue licenses to hold:

a) National model contests;

b) Regional and sectoral beauty contests;

3. Provincial People’s Committees shall license local beauty contests and model contests.

Article 21. Authority to license beauty contests and model contests

1. The organizations that apply for the license to hold beauty contests or model contests must send 01 dossier, directly or by post, to the Department of Performing arts or the Services of Culture, Sports and Tourism. The dossier comprises:

a) 01 application for the license to hold a contest (form No. 04);

b) 01 scheme for organizing the contest, specifying: The regulation on the contest the organizers and the jury;

c) 01 written consent from the provincial People’s Committees where the show takes place;

d) 01 authenticated copy of the contract or written agreement between the Vietnamese organization and the foreign organization (the Vietnamese translation certified by a translation company) of the international beauty and model contests held in Vietnam.

2. Foreign organizations that hold international beauty contests and model contests in Vietnam must cooperate with Vietnamese organizations licensed to do cultural and artistic activities. The Vietnamese organizations shall submit the dossiers as prescribed in Clause 1 this Article.

3. Time limit for licensing:

Within 15 working days (for domestic beauty contests and model contests) and 30 working days (for international beauty contests and model contests in Vietnam) as from receiving the complete and valid dossier, the competent State agency must issue the license. The refusal to license must be notified and explained in writing.

Article 22. Conditions and procedures for issuing licenses to compete in international beauty contests and model contests

1. Conditions for contestants:

a) Having achieved a main title in a domestic beauty contest or model contest;

b) A representative domestic organization licensed to do cultural and artistic activities applies for the license to compete in an international beauty contest or model contest.

2. Procedures for issuing licenses to compete in international beauty contests and model contests:

The representative organization that apply for the license to compete in an international beauty contest or model contest must send 01 dossier, directly or by post, to the Department of Performing arts. The dossier comprises:

a) 01 application for the license to compete in a contest (form No. 05);

b) 01 résumé of the contestant certified by a competent State agency;

c) 01 registration sheet of the contestant;

d) 01 authenticated copy of the invitation to participate in an international beauty contest or model contest from the foreign organization;

dd) 01 authenticated copy of the title certificate in a domestic beauty contest or model contest.

3. Time limit for licensing: Within 05 working days as from receiving the complete and valid dossier, the Department of Performing arts must issue the license. The refusal to license must be notified and explained in writing.

Chapter 4.

CIRCULATING AND TRADING AUDIO AND VIDEO RECORDINGS OF ART PERFORMANCES; PUBLICIZING ART WORKS

Article 23. Audio and video recordings of art performances

1. The audio and video recordings of art performances that are circulated and traded in this Decree include: cassette tapes, video tapes, CDs, VCDs, DVDs, CD-ROMs, lc chips, and other media that contain performing arts, fashion shows, beauty shows, and sports.

2. The organizations and individuals that circulate and trade audio and video recordings of art performances must comply with this Decree and relevant law provisions.

Article 24. Authority and procedures for approving audio and video recordings of art performances

1. The contents of audio and video recordings of art performances produced at home or imported must be approved by the competent State agencies prescribed in Clause 3 this Article.

2. The organizations and individuals wishing to circulate or import audio and video recordings that contain art performances must be organizations licensed to produce, trade, and import audio and video recordings as prescribed by law.

3. Authority to approve audio and video recordings of art performances:

a) The Department of Performing arts shall receive dossiers and approve the contents audio and video recordings of art performances produced or imported by organizations affiliated to central agencies;

b) The Services of Culture, Sports and Tourism shall receive dossiers and approve the contents audio and video recordings of art performances produced or imported by local organizations.

4. Procedures for approving audio and video recordings of art performances:

The organizations that apply for the approval contests must send 01 dossier, directly or by post, to the Department of Performing arts or the Services of Culture, Sports and Tourism. The dossier comprises:

a) 01 application for the approval (form No. 06);

b) 01 list of writers, works, and performers;

c) 01 music and lyric sheet or literature script (foreign works must be translated into Vietnamese and certified by a translation company);

d) 01 audio or video recording of art performances;

dd) 01 authenticated copy of the Decision on permitting the writer, the work, and the performer being Vietnamese individuals residing overseas to participate in the performance (if the performance includes compositions written before 1975 in Southern provinces of Vietnam, or performances participated by Vietnamese individuals residing overseas);

e) 01 design of the cover of the audio or video recording;

01 authenticated copy of the Establishment Decision or Enterprise registration certificate of the enterprise licensed to produce, trade, or import audio and video recordings.

5. Time limit for licensing:

Within 05 working days as from receiving the complete and valid dossier, the Department of Performing arts or the Services of Culture, Sports and Tourism must issue the approval for the contents. The refusal to approve must be notified and explained in writing.

Article 25. Authority and procedures for issuing control labels of audio and video recordings of art performances

1. Audio and video recordings of which the contents have been approved must be fixed with control labels before being freely circulated.

2. Authority to issue control labels of audio and video recordings of art performances

a) The Department of Performing arts shall receive dossiers and issue the control labels of audio and video recordings of art performances produced or imported by organizations affiliated to central agencies;

b) The Services of Culture, Sports and Tourism shall receive dossiers and issue the control labels of audio and video recordings of art performances produced or imported by local organizations.

3. Procedures for issuing control labels:

The organizations that produce or import audio and video recordings contests must send 01 dossier, directly or by post, to the Department of Performing arts or the Services of Culture, Sports and Tourism. The dossier comprises:

a) 01 application for control label (form No. 07);

b) 01 customs declaration sheet of imported goods and the written approval for the program contents (for imported audio and video recordings);

c) 01 written authorization to apply for the control label (for cases of authorizing to apply for control labels).

4. Time limit for issuing control labels:

Within 05 working days as from receiving the complete and valid dossier, the Department of Performing arts or the Services of Culture, Sports and Tourism must issue the control label. The refusal to issue the control label must be notified and explained in writing.

5. The audio and video recordings of art performances fixed with control labels are permitted to be circulated nationwide, and must be included in the customs declaration when being exported.

Article 26. Archiving audio and video recordings of art performances

Within 05 working days as from being issued with the control label, the licensed organization must submit 02 copies of the audio or video recording to the licensing agency for archiving; the licensing agency must receive and archive the copy of the audio or video recording for 02 years. At the end of the archiving period, the licensing agency must handle the archived audio and video recording as prescribed by the Minister of Culture, Sports and Tourism.

Article 27. Distribution of audio and video recordings of art performances of foreign organizations and individuals in Vietnam

Foreign organizations and individuals operating in Vietnam may only distribute the audio recordings of art performances within the Vietnam’s territory in accordance with the International Agreements to which the Socialist Republic of Vietnam is a signatory, and other relevant law provisions.

Article 28. The export and import of audio and video recordings of art performances

1. Vietnamese organizations and individuals and foreign organizations operating in Vietnam that export and import audio and video recordings of art performances must comply with law provisions on trading and investment.

2. The export and import audio and video recordings of art performances not for business purposes must comply with current law provisions.

Article 29. Publicizing music and theatre works

1. Organizations and individuals that perform music and theatre works directly to an audience or in public must be approved by competent State agencies.

2. The music and theatre works composed before 1975 in southern provinces or by the Vietnamese living and residing overseas which are published inform of publications must comply with Clause 3 this Article and law provisions on publishing.

3. The organizations and individuals wishing to publicize works composed before 1975 in southern provinces or by the Vietnamese living and residing overseas which are published inform of publications must submit 1 dossier to the Department of Performing arts directly or by post. The dossier comprises:

a) 01 application for the license to publicize the works composed before 1975 in southern provinces or by the Vietnamese living and residing overseas (form No. 08);

b) 01 copy of the sheet or theatre script (certified by the its writer or an organization that represents the copyright);

c) 01 authenticated copy of the ID card or passport of the writer (if the applicant is an individual);

d) 01 authenticated copy of the Establishment Decision or Enterprise registration certificate of (if the applicant is an organization);

dd) 01 authenticated copy of the written remark from a diplomatic agency in the host country (for individuals applying for the first time);

e) 01 audio recording that contains the work.

4. Within 10 working days as from receiving the complete and valid dossier, the Department of Performing arts must issue the license. The refusal to issue the license must be notified and explained in writing.

Chapter 5.

IMPLEMENTATION PROVISIONS

Article 30. Effects

1. This Decree takes effect on January 01, 2013.

2. The following documents are annulled:

a) Chapter II and Chapter III of the Regulation on cultural activities and the provision of public cultural services, promulgated together with the Government's Decree No. 103/2009/ND-CP dated November 06, 2009;

b) The Regulation on professional art performances, promulgated together with the Decision No. 47/2004/QD-BVHTT dated July 02, 2004 of the Minister of Culture, Sports and Tourism;

c) The Regulation on the organization of beauty pageants, promulgated together with the Decision No. 87/2008/QD-BVHTTDL dated December 30, 2008 of the Minister of Culture, Sports and Tourism;

d) The Regulation on producing, exporting, importing, circulating, and trading audio and video recordings of art performances, promulgated together with the Decision No. 55/1999/QD-BVHTT dated August 05, 1999 of the Ministry of Culture and Information;

dd) The notification No. 5 (Document No. 453/VHTT-TB dated February 28, 1995 of the Ministry of Culture and Information) on using songs composed before 1975 in southern provinces;

e) Section II Article 1 and Section II Article 2 of the Circular No. 07/2011/TT-BVHTTDL dated June 07, 2011 of the Ministry of Culture, Sports and Tourism, amending, supplementing, superseding, or annulling the provisions related to the administrative procedures under the management of the Ministry of Culture, Sports and Tourism.

3. The provisions promulgated by Ministries, sectors and localities that contradict this Decree are all abolished.

Article 31. Implementation responsibilities

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

2. Ministries, Heads of ministerial-level agencies, Heads of Governmental agencies, the Presidents of People’s Committees of central-affiliated cities and provinces, relevant agencies, organizations and individuals are responsible for implementing this Decree./.

 

 

FOR THE GOVERNMENT
THE PRIME MINISTER




Nguyen Tan Dung

 

 

5. Controlling fishing vessels and other vehicles incorrectly that affects the constructions in fishing ports and sheltering harbors for fishing vessels.

6. Other acts as prescribed by law.

Chapter 2.

THE MANAGEMENT AND USE OF FISHING PORTS

Article 4. Classification of fishing ports

Fishing ports are classified as follows:

1. Fishing ports in class I: are fishing ports that satisfy the following conditions:

a) The fishing port is built at big estuaries, gulfs, or islands; approached by fishing vessels from many regions, including foreign fishing vessels, to load and unload aquatic products, and do other fishing activities; a distribution base of aquatic products in the area, or attached to a local fishing logistics center or a local fish market;

b) The primary cargo-handling equipment of the port is completely mechanized;

c) The land area of the fishing port must be at least 04 hectares (or 01 hectare, applicable to fishing ports on islands); having fishing logistics centers, working buildings, and ancillary constructions that comply with provisions on environment protection, food safety, fire and explosion prevention in the port;

d) The designed quantity of aquatic goods passing the port is at least 15,000 tons per year (or 3,000 tons per year, applicable to fishing ports on islands).

2. Fishing ports in class II: are fishing ports that satisfy the following conditions:

a) The fishing port is built at estuaries, mouths of coastal channels, straits, and lagoons; approached by local fishing vessels, and fishing vessels from adjacent provinces, to load and unload aquatic products, and do other fishing activities; a distribution base of aquatic products, attached to a local fishing logistics center;

b) Some of the cargo-handling equipment of the port is mechanized;

c) The land area of the fishing port must be at least 2,5 hectares (or 0,5 hectare, applicable to fishing ports on islands); having fishing logistics centers, working buildings, and ancillary constructions that comply with provisions on environment protection, food safety, fire and explosion prevention in the port;

d) The designed quantity of aquatic goods passing the port is at least 7,000 tons per year (or 1,000 tons per year, applicable to fishing ports on islands).

Article 5. The management of fishing ports

1. The management boards of fishing ports invested by the State or the State budget Article public non-business units or enterprises as prescribed by law. The management board and the Director of a fishing port is appointed by a competent agency.

2. The management boards of fishing ports invested by organizations and individuals are enterprises as prescribed by law. The management board and the Director of a fishing port is appointed by the investor.

Article 6. Condition for opening and closing fishing ports

1. Condition for opening fishing ports:

a) The fishing port and navigable channels have been accepted and put into use as prescribed by law provisions on construction and transportation;

b) The Management board of the fishing port is established;

c) The plan for using the fishing port has been approved by a provincial agency in charge of aquatic product management.

2. Condition for closing fishing ports:

The fishing port is closed in one of the following cases:

a) The topographical or hydrographical conditions are fluctuating and not safe for the activities of the fishing port;

b) Constructions in the fishing port deteriorate that do not ensure the safety conditions as prescribed;

c) The operation of the management board of the fishing port is suspended or terminated as prescribed by law.

Article 7. Procedures for announcing the opening of a fishing port

1. After completing the construction of upgrade of the fishing port, the management board of the fishing port shall send a dossier to request competent agencies to announce the opening of the fishing port.

A dossier include:

a) The application for announcing the opening of the fishing port (under the form in Annex I);

b) The written permission to invest in building the fishing port (authenticated copy);

c) The regulation on and plan for using the fishing port (photocopy);

d) The Decision on establishing the Management board of the fishing port (photocopy);

dd) The written acceptance of the completed and operating fishing port constructions, enclosed with the as-built drawing (authenticated copy);

e) The nautical notification of the channels of the port and the water area in front of the wharf;

g) The written certification of the implementation of the contents in the report and the requirements of the decision on approving the report on impacts on the environment (authenticated copy);

h) The written acceptance about fire prevention and fighting (authenticated copy).

2. Within 07 working days as from receiving the complete dossier as prescribed, the competent agency must consider and announce the opening of the fishing port. The refusal to announce the opening of the fishing port must be notified and explained in writing.

3. The agency competent to announce the opening of the fishing port is responsible for announcing the decision on opening the fishing port on central and local means of mass media.

Article 8. Procedures for announcing the closing of a fishing port

1. The Director of the fishing port or its investor applies for closing the fishing port (under the form in Annex II), or relevant organizations and individuals send written requests to competent State agencies.

2. Within 07 working days as from receiving the request, the competent agency must consider and reply the requester in writing.

3. The agency competent to announce the opening of the fishing port is responsible for announcing the decision on opening the fishing port on central and local means of mass media.

Article 9. Agencies competent to announce the opening and closing of fishing ports

1. The Minister of Agriculture and Rural development shall announce the opening of fishing ports in class I.

2. Provincial People’s Committees shall announce the opening of fishing ports in class II.

3. The agency competent to announce the opening of a fishing port is also competent to announce its closing.

Article 10. Content of the announcement about the opening of a fishing port

1. Name and kinds of the fishing port;

2. The address and coordinates of the fishing port;

3. The entrance of the channel, the depth and with of the navigable channel;

4. The depth of the anchorage area, the length of the wharf;

5. The size of the biggest ship that may enter the port;

6. The loading capacity and fishing services of the fishing port;

7. The commencement date of the fishing port.

Article 11. Content of the announcement about the closing of a fishing port

1. Name and kinds of the fishing port;

2. The address and coordinates of the fishing port;

3. The reasons for closing the fishing port;

4. The closing date of the fishing port.

Article 12. Provisions on Vietnamese fishing vessels entering and leaving fishing ports

1. Before entering a fishing port, the captain or helmsman of the fishing vessel must notify the management board of the fishing port at least 01 year in advance of the size and kind of the vessel, the services needed, and other requirements (if any).

2. When entering a fishing port, the captain of helmsman of the fishing vessel must comply with the control of the management board and regulation of the fishing port.

3. When leaving, the captain or helmsman must notify the management board of the fishing port in advance.

Article 13. Provisions on foreign fishing vessels entering and leaving fishing ports

1. Foreign fishing vessels may only enter the fishing ports stated in the fishing license.

2. Before entering a fishing port, the captain of the fishing vessel must notify the management board of the fishing port by radio (or by other means of communication) at least 24 year in advance of the name, call sign, registration number, size and kind of the vessel, the services needed, and other requirements (if any).

3. When entering a fishing port, the captain of the fishing vessel must comply with the control of the management board and regulation of the fishing port; declare the number of sailors on the vessel, and present the following papers:

a) The crew directory and passports of people aboard;

b) The fishing license;

c) The journal of the use, or the report on the operation of the fishing vessel as prescribed.

4. The captain and other people aboard must comply with Vietnam’s law provisions on immigration, customs, quarantine, and other relevant provisions.

5. Before leaving, the captain of the fishing vessel must notify the leaving time to the management board of the fishing port at least 24 hours in advance.

6. For vessels entering fishing vessels inevitably, right after docking, the captain or the helmsman must:

a) Notify the management board of the fishing port of the status of the vessel and people aboard; prove the inevitable incident, and specify the request for help;

b) Comply with Clause 3, 4, and 5 this Article.

Article 14. Responsibility and authority of the management board of a fishing port

1. Making and posting the regulation of the fishing port.

2. Planning and organizing the maintenance of the safety conditions of constructions in the fishing port in accordance with the announcement about its opening.

3. Organizing the staff to take care of the security, environment protection, and fire prevention and fighting within the fishing port; regularly providing information about the weather on the radio system of the port; resolving the consequences of accidents and environment pollution on the post, finding the origins of extracted aquatic products upon the request of organizations and individuals.

4. Complying with the reporting regime as prescribed by competent agencies.

5. Cooperating with the Nautical safety agency in notifying the status of channels, marking buoys, and the safety of wharves and docks for fishing vessels to enter and leave the fishing port. Cooperating with specialized inspectors in the port management, and cooperating with State agencies at their request.

6. Upon the occurrence of storms and tropical depressions:

a) Organize watches and put up the signs warning the storm or tropical depression as prescribed.

b) Notify the weather progress via the radio system of the port so that everyone can actively protect themselves.

c) Notify the list of fishing vessels and the number of people on the vessels anchoring in the port area to the local Committee of storm and flood prevention and rescue.

7. Comply with the inspection, supervision, and settlement of competent agencies in charge of security, food safety, and environment protection within the fishing port and other relevant sectors.

8. When a foreign vessel enters, the management board of the fishing port must immediately notify the local functional agency to manage in cooperation.

9. The management board of a fishing port is entitled to:

a) Leasing the infrastructures to other organizations and individuals to produce or provide fishing services, in accordance with the approved plan for using the fishing port and law provisions;

b) Refuse or compel the people and fishing vessels that do not comply with the regulation of the fishing port to leave;

c) Refuse the lease, or compel the organizations and individuals producing or providing services within the port land that do not comply with the regulation of the fishing port or the concluded contracts to leave;

d) Charge the services in the port as prescribed by law.

dd) Handle, or request local functional agencies to handle the cases in order to ensure the security, food safety, and environment protection within the fising port area.

Article 15. Fishing logistics services in fishing ports

1. The organizations and individuals providing fishing logistics services must sign contracts to rent infrastructures on the port land with the management board of the fishing port; pay fees and charges as prescribed by law; comply with the regulation of the fishing port, relevant law provisions, and the control of the management board when necessary.

2. Depending on each service, the fishing logistics service provider must satisfy the production and business conditions as prescribed by law, and satisfies the requirements for environment protection, food safety, and fire and explosion prevention.

3. The organizations and individuals providing fishing logistics services must cooperate with the management board of the fishing port in ensuring the social security and order, environment protection, and fire and explosion prevention in the fishing port area.

Article 16. Charges for using the fishing port

1. Complying with current law provisions on fees and charges.

2. The charged subjects, charge bracket, the regime for collecting, paying, and managing the fishing port charge are decided by People’s Councils of central-affiliated cities and provinces, in accordance with the guidance from the Ministry of Finance.

Chapter 3.

SHELTERING HARBORS FOR FISHING VESSELS

Article 17. The management of sheltering harbors

1. While being used as a shelter from the storm for fishing vessels, the harbor is managed by the local Committee of storm and flood prevention and rescue.

2. While not being used as a shelter from the storm, depending on the particular situation, the management and use of the sheltering harbor as a fishing port are prescribed as follows:

a) The sheltering harbors that fall within the water area under the management of the fishing port shall be managed and used by the management board of the fishing port;

b) The provincial People’s Committee shall appoint a suitable organization to manage and use other sheltering harbor;

c) The fees may be charged as prescribed in Article 16 of this Decree.

3. The organizations and individuals appointed to manage and use the sheltering harbor for fishing vessels must plan and use the State budget to manage and maintain the constructions.

Article 18. Provisions on fishing vessels anchoring in the sheltering harbor

1. During a storm or tropical depression, fishing vessels and other kinds of vessels may take shelter without being charged.

2. When entering the harbor, the captain or the helmsman of the fishing vessel must comply with the control and instruction of the Committee of storm and flooding prevention and rescue.

3. When the fishing vessel is safely anchored, its captain or helmsman must notify the Committee of the name, registration number, status of the ship, the number of people aboard, and other requirements (if any).

4. The fishing vessel may only leave the shelter after the storm or tropical depression is declared over, or under the order from the Committee of storm and flooding prevention and rescue.

Article 19. Announcing the List of sheltering harbors for fishing vessels

1. Authority to announce and time of announcement

Before April 01 every year, the Minister of Agriculture and Rural development shall announce the list of sheltering harbors for fishing vessels nationwide.

2. Content of announcement

a) Name and kind of sheltering harbors for fishing vessels;

b) Addresses and coordinates of sheltering harbors for fishing vessels;

c) The depth of the anchoring water;

d) The capacity of the anchoring water;

dd) The size and kinds of fishing vessels allowed to enter sheltering harbors for fishing vessels;

e) The entrance, direction, and length of the channel;

g) The phone number and frequency of local the Standing Committee of flood and storm prevention and rescue.

3. Forms of announcement:

a) Sent in writing to People’s Committees of coastal provinces and cities;

b) Announced on means of mass media.

Chapter 4.

RESPONSIBILITIES OF STATE MANAGEMENT AGENCIES

Article 20. The State management of fishing ports and sheltering harbors

1. Formulating and implementing the plans and policies on the development of fishing ports and habors for fishing vessels.

2. Announcing the opening and closing of fishing ports, announcing the list of sheltering hatbors for fishing vessels.

3. Promulgating technical regulations and standards of fishing ports and sheltering harbors for fishing vessels; the sample regulation on the management of fishing ports and sheltering harbors for fishing vessels.

4. Inspecting the adherence to law provisions on the safety of constructions, environment protection, food safety, fire and explosion prevention, and relevant law provisions, of fishing ports and sheltering harbors for fishing vessels

5. Disseminating and providing training in the management of fishing ports and sheltering harbors for fishing vessels, professional skills and knowledge about safety for managers, employees, and fishermen in coastal localities.

Article 21. Responsibilities of the Minister of Agriculture and Rural development

1. Unifying the management of fishing ports and sheltering harbors for fishing vessels nationwide.

2. Organizing the announcement of the opening and closing of fishing ports under their management; announcing the list of sheltering harbors for fishing vessels nationwide.

3. Guiding and inspecting the operation of fishing ports and sheltering harbors for fishing vessels nationwide.

4. Promulgating technical regulations and standards of fishing ports and sheltering harbors for fishing vessels; building the system of database and info about the management of fishing ports and sheltering harbors for fishing vessels nationwide.

5. Disseminating and providing training in the managerial skills for managers of fishing ports and sheltering harbors for fishing vessels, professional skills and knowledge about safety for fishermen in coastal localities.

6. Promulgating the sample regulation on the management of fishing ports and sheltering harbors for fishing vessels, the forms of papers used in the management of fishing ports and sheltering harbors for fishing vessels as prescribed.

Article 22. Responsibilities of People’s Committees of coastal central-affiliated cities and provinces

1. Directing functional agencies to manage, instruct, and inspect the operation of local fishing ports and sheltering harbors.

2. Announcing the opening and closing of fishing ports, announcing the list of sheltering harbors for fishing vessels under their management.

3. Instructing the law provisions on investment and management of fishing ports and sheltering harbors for fishing vessels; formulating a plan for protecting, maintaining, and upgrading the infrastructure of fishing ports and sheltering harbors; formulating regulations on the operation of fishing ports and sheltering harbors for fishing vessels.

4. Directing functional agencies to formulate a cooperating mechanism among the relevant sectors and level in the locality in ensuring the security, food safety, and environment protection, and fire and explosion prevention within the fishing ports and sheltering harbors for fishing vessels.

5. Specifying the charged subjects, rate of charge and payment fishing ports and services therein; allocating local budget to build and maintain the constructions invested by the State budget and the management board of the fishing port or sheltering harbor for fishing vessels being non-business units; allocating land for building fishing ports and sheltering harbors for fishing vessels under the planning.

6. Based on this Decree and the particular situation, People’s Committees of coastal central-affiliated cities and provinces shall promulgate regulations on building and managing local fishing ports, ensuring the capital mobilization and participation in the management from  economic sectors and the community.

Article 23. Responsibilities of relevant Ministries and sectors

The Ministry of Transport, the Ministry of Public Security, the Ministry of Construction, and relevant Ministries and sectors, within their delegated duties and functions, must cooperate with the Ministry of Agriculture and Rural development and People’s Committees of coastal central-affiliated cities and provinces in guiding the nautical safety, waterway traffic, security and order in fishing ports and sheltering harbors for fishing vessels; directing and guiding affiliated functional agencies to cooperate in inspecting and handling acts of violations as prescribed by law; guiding localities to set the fees and charges, and the regime for collecting, managing, and using fees and charges of the fishing ports.

Chapter 5.

IMPLEMENTATION PROVISIONS

Article 24. Effects

1. This Decree takes effect on December 01, 2012.

2. For fishing ports and sheltering harbors that started before this Circular takes effect are exempted from carrying out the procedures for announcing the opening of fishing ports and sheltering harbors.

Article 25. Implementation responsibilities

Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, the Presidents of People’s Committees of coastal central-affiliated cities and provinces are responsible for implementing this Decree./.

 

 

FOR THE GOVERNMENT
THE PRIME MINISTER




Nguyen Tan Dung

 

 

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