Nghị định 01/2023/NĐ-CP quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Văn hóa, Thể thao và Du lịch

DECREE

DEFINING FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF CULTURE, SPORTS AND TOURISM

Pursuant to the Law on Government Organization dated June 19, 2015; Law on Amendments to some Articles of the Law on Government Organization and Law on Local Government Organization dated November 22, 2019;

Pursuant to the Government’s Decree No. 123/2016/ND-CP dated September 01, 2016 defining the functions, tasks, powers and organizational structures of ministries and ministerial agencies, and the Government’s Decree No. 101/2020/ND-CP dated August 28, 2020 providing amendments to the Government’s Decree No. 123/2016/ND-CP dated September 01, 2016;

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

The Government hereby promulgates a Decree defining functions, tasks, powers and organizational structures of the Ministry of Culture, Sports and Tourism.

Article 1. Position and functions

The Ministry of Culture, Sports and Tourism is a governmental agency performing the state management of culture, family affairs, physical training, sports and tourism nationwide, and public services in sectors and fields under its management.

Article 2. Tasks and powers

The Ministry of Culture, Sports and Tourism shall perform its tasks and powers prescribed in the Government’s Decree No. 123/2016/ND-CP dated September 01, 2016 defining functions, tasks, powers and organizational structures of Ministries and ministerial agencies, the Government’s Decree No. 101/2020/ND-CP dated August 28, 2020 providing amendments to the Government’s Decree No. 123/2016/ND-CP dated September 01, 2016, and the following specific tasks and powers:

1. Submit the following documents to the Government, including bills and draft resolutions of the National Assembly; draft ordinances and draft resolutions of the Standing Committee of the National Assembly, draft decrees of the Government formulated under the Ministry's approved annual law-making programs/plans, and other resolutions, projects and schemes as assigned by the Government or the Prime Minister.

2. Submit the following documents to the Government or the Prime Minister, including annual, medium-term and long-term development plans, plannings and/or strategies, and programs, projects and works of national significance in the fields and sectors under its state management.

3. Submit the following documents to the Prime Minister, including draft decisions, directives and other legislative documents under its state management.

4. Promulgate circulars, decisions, directives and other documents about state management in the fields and sectors under its state management.

Formulate national standards; promulgate national technical regulations, processes, rules and technical - economic norms in the fields and sectors under its state management.

5. Direct, provide guidance on, inspect and organize implementation of promulgated or approved legislative documents, strategies, plannings, programs, plans, works and projects of national significance; disseminate and provide education about laws and supervise the implementation of laws in the fields and sectors under its state management.

6. Regarding cultural heritage:

a) Request a competent authority to establish national museums and specialized museums affiliated to the Ministry of Culture, Sports and Tourism;

b) Request the Prime Minister to decide on the classification and adjustment of special national-level site protection zones; submission of applications for recognition of Vietnam's historical and cultural sites/monuments and scenic landscape as world heritages and inclusion of Vietnam’s intangible cultural heritage in the list of the United Nations Educational, Scientific and Cultural Organization (UNESCO)’s intangible cultural heritage to the UNESCO; recognition of national treasures and permission for sending national treasures abroad for display, exhibition, research or conservation purposes and measures for handling assets that are cultural heritage sites as prescribed by law;

c) Provide guidance on and organize the implementation of the site/monument preservation, conservation and restoration planning and archaeological planning after they are approved;

d) Examine and submit to the Prime Minister for approval of the tasks in formulation of, planning and adjustments to the planning for preservation, conservation and restoration of special national-level sites and world cultural and natural heritage sites;

dd) Examine the tasks in formulation of national site planning and national site planning; examine the site/monument conservation planning, economic - technical report on site/monument conservation in the case of world cultural and natural heritage sites, special national-level sites and national-level sites; examine the planning for renovation and construction of works located outside special national-level site or site protection zones which may negatively affect sites/monuments in the case of special national-level sites and national-level sites; examine the plan for management of world cultural and natural heritage sites located in at least 02 provinces or central-affiliated cities; approve the regulation on protection of world cultural and natural heritage sites located at least 02 provinces or central-affiliated cities;

e) Classify national-level sites and museums as class I, adjust national-level site protection zones; include intangible cultural heritages in the national list of intangible cultural heritages; transfer relics, antiquities and national treasures to state museums as prescribed by law; lay down conditions for establishment of national museums or specialized museums; reach agreement on classification of museums as class II or III as prescribed by law;

g) Grant licenses for archaeological exploration and excavation and sending relics and antiquities abroad for display, exhibition, research or preservation purposes; grant license for research into or collection of intangible cultural heritage sites to overseas Vietnamese or foreign organizations/individuals as prescribed by law;

h) Provide guidance on completion of procedures for registering relics or antiquities, conditions for establishment and operation of antiquity inspecting authorities;

i) Perform the state management of documentary heritage;

k) Formulate mechanisms and policies for mobilization, management and use of resources for safeguarding and promoting the values of the cultural heritage;

k) Provide guidance and inspect the safeguarding and promotion of values of cultural heritage.

7. Regarding performance art:

a) Provide guidance on, organize and inspect the implementation of regulations of law on performance art-related activities under its state management;

b) Prescribe the organization of competitions and festivals regarding professional art forms;

c) Approve or suspend art performances, competitions and festivals regarding various forms of performance art; cancel competitions and festivals regarding various forms of performance art within its power in accordance with law;

d) Receive copyright deposit for audio and/or visual records containing art performances for commercial purposes of organizations affiliated to central government authorities as prescribed by law;

dd) Provide guidelines for collecting, preserving and organizing the introduction and promotion of values of Vietnamese traditional performance art at the national level and the quintessence of the world performance art.

8. Regarding motion picture:

a) Provide guidance on and organize the implementation of the approved strategy for motion picture industry development;

b) Organize national and international film festivals in Vietnam; grant approval for organization of specialized and thematic film festivals, foreign film days and weeks in Vietnam and Vietnamese film days and weeks in foreign countries;

c) Manage depositing or archiving of domestically produced films and motion pictures; depositing or archiving of foreign films released in Vietnam;

d) Issue and revoke licenses concerning motion picture within its power as prescribed by law.

9. Regarding fine arts, photography and exhibitions:

a) Perform state management of national cultural symbols as prescribed by law;

b) Provide guidance on and organize the implementation of regulations of law on management of fine art, photography and exhibition-related activities under its state management;

c) Manage and organize national or regional work of fine art contests; receive written announcements of photography composition campaigns, photography camps, contests and festivals organized in Vietnam by ministries, boards or regulatory bodies affiliated to the central government and foreign entities; receive written announcements submitted by organizations that transport photographic works from Vietnam to foreign countries for attending photography contests or festivals under the guise of representing Vietnam.

d) Directly organize and provide guidance on organization of displays and exhibitions of works of fine art and applied fine arts, and photographic works;

dd) Provide guidance on inspection of works of fine art and photographic works;

e) Issue and revoke licenses in the fields of fine art, photography and exhibition within its power as prescribed by law.

10. Regarding copyright and related rights:

a) Formulate, promulgate, direct, provide guidance on and organize the implementation of laws, mechanisms and policies on protection of copyright and related rights;

b) Take measures to protect lawful rights and interests of the State, organizations or individuals related to the protection of copyright and related rights;

c) Provide guidelines for the supply, cooperation, placement of orders, use and assurance of copyright to works and related rights to performances, phonograms, video recordings or broadcasts;

d) Manage and exploit copyright to works and related rights to performances, phonograms and video recordings, broadcasts whose ownership and management is represented by the State as prescribed by law;

dd) Manage the issuance, reissuance, replacement or invalidation of copyright registration certificates and related right registration certificates;

e) Manage the assessment of copyright and related rights; manage operation of representatives of copyright and related rights, providers of copyright and related right services and consulting services as prescribed by law;

g) Grant approval for the translation of works from foreign languages into Vietnamese and the copying of works for teaching and research purposes for non-commercial purposes in accordance with the provisions of the Annex to the Berne Convention for the Protection of Literary and Artistic Works.

11. Regarding library:

a) Direct the library interconnection; direct and provide guidance on the conduct of library operations and reading culture development; provide guidance on assessment of library activities according to national standards and regulations of law;

b) Provide guidance on fulfillment of conditions for establishment and on operation of libraries as prescribed by law; receive and respond to notifications of the establishment, merger, consolidation, full division, partial division, dissolution or shutdown of central-level specialized libraries and public libraries in central-affiliated cities and provinces; respond to the determination of public libraries of significance given investment priority by the State as prescribed by law;

c) Formulate mechanisms and policies for mobilizing, managing and using resources for the cause of library and reading culture development as prescribed by law.

12. Regarding advertising:

a) Perform state management of advertising as prescribed by law;

b) Provide guidance on formulation of outdoor advertising planning in localities;

c) Organize appraisal of advertisements as prescribed by law.

13. Regarding grassroots culture and propagation of information and encouragement

a) Provide guidance on and organize the compliance with regulations on anniversaries, funerals and other rituals under its state management or as assigned by the Government;

b) Provide guidance and organize the implementation of the approved comprehensive planning for development of grassroots culture and sports institutions as prescribed by law;

c) Direct, provide guidance and organize the propagation of information (except for radio and television broadcasting activities) about guidelines of the Communist Party, polices and laws of the State through cultural and artistic activities, visual and mobile propaganda as prescribed by law;

d) Provide guidance on use of national flag, emblem and anthem and portrait of President Ho Chi Minh in accordance with regulations of law;

dd) Provide for the organization of stage competitions and festivals, mobile propaganda campaigns (except for radio and television broadcasting activities) and cultural activities; management of cultural activities, provision of cultural and recreational services in public areas;

e) Perform state management of festivals; provide guidelines for adopting a civilized lifestyle upon organization of weddings and funerals; set up the movement “The entire country unites to build a cultural lifestyle”; take measures to prevent superstition, unsound customs and depraved cultural products which are contrary to fine traditions and customs, affect people’s health and damage ecology;

g) Supervise and inspect the firing of consumer fireworks by localities; carry out reviews, report to and request the Prime Minister to direct ministries and local authorities to organize the firing of consumer fireworks as prescribed by law; preside over and cooperate with the Ministry of National Defense, Ministry of Public Security and People’s Committees of provinces and central-affiliated cities in organizing international consumer firework competitions in Vietnam after receiving permission from Prime Minister; reporting to and requesting the Prime Minister to consider and decide on changing firing range and duration of fireworks in cases as prescribed by law.

14. Perform state management of the formulation and implementation of village regulations and conventions as prescribed by law.

15. Regarding national literature:

a) Formulate, provide guidance and organize the implementation of policies, programs, schemes and projects on preservation and promotions of cultural values of ethnic minorities in Vietnam;

b) Provide guidance on organization and organize regional and national culture, sports and tourism days and festivals; provide guidance on cultural and artistic activities in remote and isolated areas and border areas, on islands and in ethnic minority areas; introduce traditional culture of Vietnam's ethnic minorities.

16. Regarding literature:

a) Formulate, provide guidance and organize the implementation of the approved literary activity-related policies;

b) Provide guidelines for organizing and inspecting literary activities;

c) Organize literature and art camps.

d) Provide guidance on organization and organize national literary contests.

17. Regarding family affairs:

a) Provide guidance on and organize the implementation of the Vietnamese family development strategy;

b) Provide guidance on the implementation of regulations of law on family affairs and domestic violence prevention and control;

c) Disseminate information and provide education about lifestyles and behaviors in families and values of Vietnamese families in the new phase;

d) Create and foster values of Vietnamese families in the new phase; establish criteria for cultural families;

dd) Establish a database of family and domestic violence prevention and control; build and multiply the model of a happy and stable family;

e) Provide guidance on and celebrate Vietnamese family days as prescribed by law.

18. Regarding mass physical training and sports:

a) Request the Prime Minister to decide to organize regional, continental or world games in Vietnam for persons with disabilities;

b) Provide guidance and organize the implementation of the approved strategies and programs for physical training and sports development;

c) Prescribe criteria for evaluating mass physical training and sports movements;

d) Organize and provide guidance on recruitment of mass physical training and sports instructors and collaborators; disseminate and provide guidance on methods for physical training and sports; provide professional training for internal physical training and sports collaborators;

dd) Conduct surveys on people’s physical health; provide guidance, apply and develop traditional sports and domestic and foreign traditional methods for health training;

e) Decide to regional, continental and world sports tournaments in Vietnam for persons with disabilities; hold national mass sports games;

g) Cooperate with the Ministry of Education and Training, Ministry of National Defense and Ministry of Public Security in providing guidance on physical education and sports in schools and physical training and sports in people's armed barracks;

h) Provide guidance on registration of operation by mass physical training and sports clubs and facilities and supporters' clubs.

19. Regarding high-achievement sports and professional sports:

a) Request the Prime Minister to decide to organize regional, continental and world games in Vietnam; Vietnam national games;

b) Provide guidance and organize the implementation of the approved strategies for high-achievement sports and professional sports development;

c) Provide guidance and organize the implementation of regulations on provision of benefits for sports athletes, coaches and referees;

d) Decide to organize regional, continental and world championships and junior championships of each sport held in Vietnam; annual national championships and national junior championships of each sport at the request of national sports federations; prescribe the management of international sports-related activities carried out in Vietnam; approve rules of national sports games;

dd) Issue standards and provide guidance on awarding a rank to sports athletes, coaches and referees; recognize the rank awarded to Vietnamese sports athletes, coaches and referees by international sports organizations as prescribed by law;

e) Prescribe the management of transfer of athletes, recruitment of athletes to national sports teams; prescribe procedures for establishing national sports delegation and national sports team for each sport;

g) Provide guidance on designing sports athlete, coach and referee training programs; prescribe sports training for technical employees of sports enterprises;

h) Provide guidance on registration of operation by professional sports facilities.

20. Regarding tourism resources and tourism system planning:

a) Provide guidance on and organize survey, assessment and categorization of tourism resources; build database of tourism resources;

b) Provide guidance on and organize the implementation of the tourism system planning.

21. Regarding tourism areas and tourist attractions:

a) Decide to recognize national tourism areas; request the Prime Minister to recognize national tourism areas located in at least 02 administrative units of provinces;

b) Provide guidance and inspect the recognition of tourist attractions and tourism areas;

c) Provide guidance on management of national tourism areas.

d) Coordinate and connect inter-country, inter-regional and inter-provincial tourism activities.

22. Regarding tourism business, tour guiding and tourism promotion:

a) Manage and organize the issuance and revocation of licenses, tour guide licenses and other documents certifying tourism activities;

b) Provide guidance on the implementation of regulations of law on tour operator services, tour guide services, tourist accommodation and other tourism services;

c) Provide guidelines for conditions, procedures and applications for issuance, replacement, reissuance and revocation of tour operator licenses;

d) Provide guidelines for standards, procedures and applications for rating of a tourist accommodation establishment and revocation of the decision on rating of a tourist accommodation establishment;

dd) Organize the appraisal and rating of tourist accommodation establishments and inspection of quality of tourist accommodation establishments as prescribed by law;

e) Provide guidelines for standards and the specimen of the signboard which shows the provider of other tourism services has been already qualified for provision of services for tourists, and applications and procedures for recognition of the provider of other tourism services qualified for provision of services for tourists;

g) Provide for persons in charge of provision of travel services; training program, organization of examinations and issuance of certificates of training in tour operation; training program, organization of examinations and issuance of tour guiding certificates; on-site tour guiding examination; standards in language proficiency;

h) Formulate and organize the implementation of domestic and foreign tourism promotion strategies, plans and programs; coordinate inter-regional and inter-local tourism promotion activities;

i) Appraisal of applications for establishment of representative office in Vietnam submitted by foreign tourism authorities and regional and international tourism organizations;

k) Build tourism database;

23. Regarding international cooperation:

a) Request a competent authority to sign, ratify, approve or accede to treaties on culture, family affairs, physical training, sports and tourism; participate in international organizations as assigned by the Government;

b) Conduct the negotiation of treaties with the authorization of competent authorities; implement treaties under the direction of the Prime Minister; sign and act on behalf of the Ministry to conduct the negotiation of treaties as prescribed by law;

c) Sign, organize and inspect the execution of internationally aided programs and projects; decide to organize and grant permission for organizing international conferences and seminars on culture, family affairs, physical training, sports and tourism within its power as prescribed by law;

d) Request a competent authority to grant approval for establishment of foreign-based Vietnamese Cultural Centers and Vietnam-based foreign cultural establishments;

dd) Manage activities of foreign-based Vietnamese Cultural Centers and Vietnam-based foreign cultural establishments as prescribed by law;

e) Organize national and international events, fairs, seminars, exhibitions and programs on culture, family affairs, sports and tourism in order to introduce Vietnam's image, people, culture and arts.

24. Regarding human resource development and training:

a) Within its power, provide guidance, inspect and assess the implementation of regulations of the law on provision of training for and development of human resources for culture, family affairs, physical training, sports and tourism;

b) Formulate, promulgate or propose the promulgation of legislative documents, strategies, planning, projects and plans for provision of training for and development of human resources for culture, family affairs, physical training, sports and tourism and polices for training, employing and providing benefits for arts and sports talent, providing allowances for lecturers, teachers, coaches and students of the institutions that provide training in culture, arts, sports and tourism, and provide guidelines, inspect and organize the implementation thereof.

25. Provide guidelines for implementation of the approved strategy for cultural industry development; directly organize the implementation of the strategy for cultural industry development in respect of the sectors under its state management.

26. Perform state management of public services in the fields of family affairs, physical training, sports and tourism under its management as prescribed by law.

27. Perform its duties and exercise its rights towards associations and non-governmental organizations engaging in the sectors and fields under its state management as prescribed by law.

28. Issue licenses for import and export of commodities in the fields under its management as prescribed by law.

29. Decide to approve and organize the execution of investment projects on culture, family affairs, physical training, sports and tourism within its power as prescribed by law.

30. Direct and organize scientific research, application of scientific and technological advances, digital transformation, environmental protection and response to climate change in the fields of culture, family affairs, physical training, sports and tourism as prescribed by law.

31. Exercise rights and responsibilities of a representative of owner’s state capital invested in state-owned enterprises, partially state-owned enterprises and state off-budget financial funds under its management as prescribed by law.

32. Manage to conditional business lines and services in the fields of culture, family affairs, physical training, sports and tourism within its power as prescribed by law.

33. Carry out inspections; receive citizens; settle complaints and denunciations; prevent and take actions against corruption; practice thrift, fight against waste and take actions against violations as prescribed by law.

34. Decide on and direct the execution of its administrative reform program according to the objectives and contents of the state administration reform program approved by the Government and Prime Minister; propose or decide on the distribution of state management power to the sectors and fields under its state management.

35. Direct and provide guidelines for emulation and commendation with respect to culture, family affairs, physical training, sports and tourism.

36. Manage its organizational apparatus, job positions, grade-based public officials structure, job title-based public employees structure; payroll for officials and number of persons working for public service providers as prescribed by law; manage its cadres, public officials and public employees;  implement the regulations on salaries and policies on preferential treatment and condemnation and take disciplinary actions against cadres, public officials, public employees and employees under its management as prescribed by law.

37. Manage financial sources and assigned assets and use allocated state budget in accordance with regulations of law.

38.  Perform other tasks as assigned by the Government or the Prime Minister and as prescribed by law.

Article 3. Organizational structure

1. Department of Organization and Personnel.

2. Department of Planning and Finance.

3. Department of Legal Affairs.

4. Department of Training.

5. Department of Science, Technology and Environment.

6. Department of Library.

7. Department of Ethnic Culture.

8. Department of Families.

9. Ministry Office.

10. Ministry Inspectorate.

11. Department of Cultural Heritage.

12. Department of Performing Arts.

13. Cinema Department.

14. Copyright Office of Vietnam.

15. Department of Grassroots Culture.

16. International Cooperation Department.

17. Department of Fine Arts, Photography and Exhibition.

18. Vietnam Sports Department.

19. Vietnam National Department of Tourism.

20. Management Board of Vietnam National Village for Ethnic Culture and Tourism.

21. Vietnam National Institute of Culture and Arts Studies.

22. Culture Newspapers.

23. Culture and Arts Magazine.

24. Information Technology Center.

25. Management School of Culture, Sports and Tourism.

The organizations referred to in clauses 1-20 of this Article shall assist the Minister of Culture, Sports and Tourism in exercising its state management functions; the organizations referred to in clauses 21-25 of this Article are public service providers serving the Ministry’s state management functions.

Vietnam National Department of Tourism and Vietnam Sports Department have their own seals bearing the national emblem

The Minister of Culture, Sports and Tourism shall request the Prime Minister to issue a Decision defining functions, tasks, powers and organizational structure of the Vietnam National Village for Ethnic Culture and Tourism and promulgate the list of other public service providers affiliated to the Ministry of Culture, Sports and Tourism.

The Minister of Culture, Sports and Tourism shall define functions, tasks, powers and organizational structures of its affiliated agencies and units, except the unit prescribed in clause 20 of this Article.

The Department of Planning and Finance consists of 04 divisions; the Department of Organization and Personnel consists of 04 divisions.

Article 4. Grandfather clauses

1. The Department of Emulation and Reward shall continue to exercise its functions, tasks and powers under prevailing regulations until the Minister of Culture, Sports and Tourism define functions, tasks, powers and organizational structure of the Department of Organization and Personnel.

2. The Vietnam National Administration of Tourism and Vietnam Sports Administration shall continue to exercise their functions, tasks and powers under prevailing regulations until the Minister of Culture, Sports and Tourism define functions, tasks, powers and organizational structures of the Vietnam National Department of Tourism and Vietnam Sports Department.

3. Public service providers affiliated to the Vietnam National Administration of Tourism and Vietnam Sports Administration shall continue to exercise their functions, tasks and powers under prevailing regulations until the Minister of Culture, Sports and Tourism organizes them into public service providers affiliated to the Vietnam National Department of Tourism and Vietnam Sports Department.

Article 5. Effect

1. This Decree comes into force from February 20, 2023.

2. This Decree replaces the Government’s Decree No. 79/2017/ND-CP dated July 17, 2017 defining functions, tasks, powers and organizational structure of the Ministry of Culture, Sports and Tourism.

Article 5. Responsibility for implementation

The Minister of Culture, Sports and Tourism, Ministers, heads of ministerial agencies, heads of Governmental agencies and Chairpersons of People's Committees of provinces and central-affiliated cities are responsible for the implementation of this Decree.