Nghị định 110/2018/NĐ-CP về quản lý và tổ chức lễ hội

DECREE

MANAGEMENT AND ORGANIZATION OF FESTIVALS

Pursuant to the Law on Government Organization dated June 19, 2015

Pursuant to the Law on Cultural Heritages dated June 29, 2001 and Law on amendments to some Articles of the Law on Cultural Heritages dated June 18, 2009;

Pursuant to the Law on Religion and Folk Belief dated November 18, 2016;

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

The Government hereby adopts a Decree on management and organization of festivals.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Decree provides for management and organization of festivals within the territory of Vietnam.

2. The power, time limit and procedures for registration or notification of organization of folk belief festivals shall comply with regulations of the Law on Religion and Folk Belief.

Article 2. Regulated entities

This Decree applies to Vietnamese and foreign organizations and individuals engaged in festivals within the territory of Vietnam.

Article 3. Definitions

For the purposes of this Decree, the terms below shall be construed as follows:

1. “traditional festival” (including festivals organized at historic - cultural monuments/sites, folk festivals) means a community’s cultural activity that proceeds with traditional rites to satisfy spiritual aspirations of the people.

2. “cultural festival” means an event that is organized to introduce typical cultural and sporting values, and image of the country and Vietnamese people

3. “industry festival” means an event organized to introduce characteristics and development of industries, honor typical organizations and artisans that made significant contribution to the conservation and development of industries.

4. “festival of foreign origin” means an event organized to introduce the culture, economy and society of a foreign country to Vietnam's people.

Article 4. State policies on festival

1. Provide assistance in the revival and preservation of traditional festivals in order to maintain typical cultural values and satisfy spiritual aspirations of the people.

2. Encourage traditional cultural, artistic and sporting activities; apply modern technology to organize cultural festivals, industry festivals and festivals of foreign origin.

3. Improve the quality of professional training courses offered to officials in charge of festival management.

4. Promote international cooperation in festival organization.

Article 5. Rules for festival organization

1. Festivals are organized to educate the people about patriotism, national pride and “Uống nước nhớ nguồn” (“When drinking water, think of its source”) ethics, honor predecessors, historical figures and those who have made significant contribution to the development of the country; disseminate historical, cultural and architectural values of monuments/sites and traditional values of festivals.

2. Festivals must be organized in a formal, practical and effective manner and in conformity with the scope and activities of festivals; organize traditional festivals based on historical or cultural significance; reduce the frequency of traditional festivals.

3. Rites of festivals must be performed in a solemn and traditional manner. The rites that are violent, offensive and against Vietnamese people’s love for peace and humanity.

4. People are educated in a manner that adopts good behaviors, attitudes and awareness; halt the trend in pursuing material and personal gains.

5. Measures must be adopted to protect monuments/sites and scenic landscapes and ensuring security, public order, fire prevention and environmental protection.

6. Festivals must not be organized in a manner that serves self-interest and group interest; do not force organizations and individuals to offer contributions for festival organization.

7. The use of state budget should be restricted and private sector involvement in organizing festivals should be increased; practice thrift and fight against wastefulness.

Article 6. Rights and responsibilities of festival attendees

1. A festival attendee has the right to:

a) Show his/her respect for predecessors and historical figures, and for ethical, cultural, spiritual and religious values;

b) Show his/her desire that good luck is brought to him/her, his/her family and homeland;

c) Engage in cultural activities and pursue spiritual values.

2. A festival attendee has the following responsibilities:

a) Strictly comply with regulations of law, and rules for adoption of civilized lifestyle during a festival;

b) Behave properly during a festival; wear clothes that are appropriate to Vietnam's fine traditions and customs; do not use bad language and insult spirituality, which badly affects solemn atmosphere of a festival;

c) Burn incense and votive papers in designated places; do not push or bump against others; protect the environment;

d) Do not organize or engage in superstition-related activities, illegal gambling and other violations of law.

dd) Do not engage in profitable money exchange within monuments/sites and festivals;

e) In addition to complying with Points a, b, c, d and dd Clause 2 of this Article, officials and workers must comply with the following regulations: do not attend festivals during office hours; do not use state-owned vehicles and state-owned equipment (or rent vehicles) to attend festivals (except for members of the organizing committee or persons assigned to perform duties).

Article 7. Responsibilities of festival organizers; responsibilities of festival organizing committees

1. A festival organizer has the responsibility to:

a) Apply for registration of festival organization or festival notification as prescribed in this Circular and organize festivals according to the registered contents approved by the competent authority;

b) Establish and approve working regulation of the Festival Organizing Committee; take responsibility for activities of the festival organizing committee;

c) Take responsibility for festival management and organization as prescribed in this Decree;

d) Submit a report on festival organization to the authority that receives the application for registration or notification (hereinafter referred to as “the receiving authority”) within 20 days from the end of the festival.

2. A festival organizing committee has the responsibility to:

a) Promulgate and disseminate working regulation and assign responsibility to members of the Festival Organizing Committee, and rules for adoption of civilized lifestyle during festivals;

b) Disseminate purposes, meaning and values of festivals through a loudspeaker, sign or other dissemination methods; publish hotline for festival attendees to provide their reflections.

c) Prepare and implement a plan for ensuring security, social safety and order and environmental safety;

dd) Promulgate regulation on areas for recreation and service provision, which are not allowed to encroach upon monuments/sites; put up direction signs in appropriate locations to facilitate information access by festival attendees;

dd) Request service providers and sellers within festival areas to openly post and provide services and sell goods at fixed prices; do not solicit festival attendees and put squeeze on prices; do not sell counterfeit goods, goods of inferior quality or unknown origin; do not sell precious animals and unsafe foods;

e) Do not sell tickets and collect fees for festival attendance; provide guidelines for putting donations in designated places; manage and use revenues from festivals that the committee has organized in an effective, open and transparent manner and for the right purposes.

Article 8. Suspension of festival organization

1. The receiving authority is entitled to request suspension of festival organization in writing in the following cases:

a) The festival is organized against its meaning and values;

b) The festival is organized in a manner that affects social safety and order, violates regulations on traffic safety and environmental protection, thereby leading to serious consequences, and causes fires and death of persons;

c) Occurrence of disasters and diseases badly affects local social life;

d) Information, materials and items that contain fabricated information about the festival are spread to cause dismay among the people.

2. The festival organizing committee shall suspend the festival itself or immediately suspend it at the request of the competent authority, and take remedial actions and propose a plan to keep organizing the festival to the competent authority for decision.

Chapter II

REGISTRATION AND NOTIFICATION OF FESTIVAL ORGANIZATION

Article 9. Registration of festival organization

1. The organization of the following festivals must be registered with the Ministry of Culture, Sports and Tourism:

a) A cultural festivals and industry festivals organized by central government authorities (hereinafter referred to as “the national festival”) for the first time.

b) A cultural festival or industry festival organized by at least 02 provinces (hereinafter referred to as “the regional festival”) for the first time.

c) A festival of foreign origin organized for the first time or resumed after an at least 02 year period of inactivity.

2. The organization of the following festivals must be registered with the People’s Committee of the province:

a) A provincial-level traditional festival, cultural festival or industry festival organized for the first time or resumed after an at least 02 year period of inactivity;

b) A traditional festival, cultural festival or industry festival organized by multiple districts of a province or central-affiliated city (hereinafter referred to as “the provincial-level festival”) for the first time or resumed after an at least 02 year period of inactivity.

3. The organization of the following festivals must be registered with the People’s Committee of the district:

a) A district-level traditional festival, cultural festival or industry festival organized for the first time or resumed after an at least 02 year period of inactivity.

b) A traditional festival, cultural festival or industry festival organized by multiple communes of a district, township, provincial-affiliated city or central-affiliated city (hereinafter referred to as “the district-level festival”) for the first time or resumed after an at least 02 year period of inactivity.

c) A commune-level traditional festival, cultural festival or industry festival organized for the first time or resumed after an at least 02 year period of inactivity.

d) A commune or district-level traditional festival annually organized but undergoing a revision to its method, content or location.

Article 10. Applications for registration of festival organization

An application for registration of festival organization includes:

1. An application form, which specifies the name, necessity, time, place, scope and content of the festival, and expected quantity of organizations and individuals invited.

2. A plan for ensuring security, public order, fire prevention and environmental protection.

3. Expected members of the festival organizing committee.

4. Documentary evidences for origin of the festival (regarding the traditional festival).

5. A written consent to organization of the festival in Vietnam granted by the Embassy or the Consulate or Consulate General of a country or territory or a written consent granted by the Ministry of Foreign Affairs (regarding the festival of foreign origin).

Article 11. Procedures for receiving applications for registration of organization of national/regional festivals and festivals of foreign origin

1. The festival organizer shall submit the application to the Ministry of Culture, Sports and Tourism (whether directly, by post or electronically) at least 30 days before the expected date of the festival.

2. Within 20 days from the receipt of the satisfactory application, the Ministry of Culture, Sports and Tourism shall appraise:

a) Adequacy and legitimacy of the application;

b) Programs and activities within the framework of the festival;

c) A plan for ensuring security, public order, fire prevention and environmental protection;

3. In case the festival concerns ministries, the Ministry of Culture, Sports and Tourism shall send enquiries and consolidate them to complete the application and decide on approval for festival organization.

4. In case of rejection of the application, written explanation shall be provided. The festival shall be only organized after obtaining the written approval of the Ministry of Culture, Sports and Tourism.

5. If the application is not satisfactory as prescribed in Article 10 of this Decree, the receiving authority shall request the festival organizer in writing to complete it. The festival organizer shall complete the application and reapply for registration as prescribed in this Article.

Article 12. Procedures for receiving applications for registration of organization of provincial-level festivals

1. The festival organizer shall submit the application to the People’s Committee of the province (whether directly, by post or electronically) at least 30 days before the expected dated of the festival.

2. Within 20 days from the receipt of the satisfactory application, the People’s Committee of the province shall appraise:

a) Adequacy and legitimacy of the application;

b) A plan for ensuring security, public order, fire prevention and environmental protection;

c) Authenticity of documentary evidences; contents of traditional rites (regarding the traditional festival).

3. In case the festival concerns central government ministries or local authorities, the People’s Committee of the province shall send enquiries and consolidate them to complete the application and decide on approval for festival organization.

4. In case of rejection of the application, written explanation shall be provided. The festival shall be only organized after obtaining the written approval of the People’s Committee of the province.

5. If the application is not satisfactory as prescribed in Article 10 of this Decree, the receiving authority shall request the applicant in writing to complete it. The festival organizer shall complete the application and reapply for registration as prescribed in this Article.

Article 13. Procedures for receiving applications for registration of organization of district-level festivals

1. The festival organizer shall submit the application to the People’s Committee of the district (whether directly, by post or electronically) at least 30 days before the expected date of the festival.

2. Within 20 days from the receipt of the satisfactory application, the People’s Committee of the district shall appraise:

a) Adequacy and legitimacy of the application;

b) A plan for ensuring security, public order, security, fire prevention and environmental protection;

c) Authenticity of documentary evidences; contents of traditional rites (regarding the traditional festival).

3. In case the festival concerns specialized authorities or local authorities, the People’s Committee of the district shall send enquiries and consolidate them to complete the application and decide on approval for festival organization.

4. In case of rejection of the application, written explanation shall be provided. The festival shall be only organized after obtaining the written approval of the People’s Committee of the district.

5. If the application is not satisfactory as prescribed in Article 10 of this Decree, the receiving authority shall request the applicant in writing to complete it. The festival organizer shall complete the application and reapply for registration as prescribed in this Article.

Article 14. Notification of festival organization

1. National or regional cultural festivals and industry festivals and festivals of foreign origin that are annually organized shall be notified to the Ministry of Culture, Sports and Tourism before the organization.

2. Provincial, district or commune-level traditional festivals, cultural festivals and industry festivals that are annually organized shall be notified to the People’s Committee at the same level before the organization.

Article 15. Contents of notification of festival organization

A notification of festival organization shall contain at least:

1. Name of the festival and necessity of organization of the festival;

2. Time, location, scope and activities of the festival;

3. Expected quantity of organizations and individuals invited;

4. Expected members of the festival organizing committee;

5. A plan for ensuring security, public order, fire prevention and environmental protection.

Article 16. Procedures for receiving notification of organization of national/regional festivals and festivals of foreign origin; provincial-level festivals

1. Procedures for receiving notification of organization of a national/regional festival or festival of foreign origin:

a) The festival organizer shall send the notification to the Ministry of Culture, Sports and Tourism (whether directly, by post or electronically) at least 20 days before the expected date of the festival;

b) Within 15 days from the receipt of the notification, if there is no response given by the Ministry of Culture, Sports and Tourism, the festival organizer is entitled to organize the festival according to the notification. In case of rejection of the notification, written explanation shall be provided;

c) After receiving the written explanation, the festival organizer shall complete the notification.

2. Procedures for receiving notification of organization of a provincial-level festival:

a) The festival organizer shall send the notification to the People’s Committee of the province (whether directly, by post or electronically) at least 20 days before the expected date of the festival;

b) Within 15 days from the receipt of the notification, if there is no response given by the People’s Committee of the province, the festival organizer is entitled to organize the festival according to the notification. In case of rejection of the notification, written explanation shall be provided.

c) After receiving the written explanation, the festival organizer shall complete the notification.

Article 17. Procedures for receiving notification of organization of district or commune-level festivals

1. Procedures for receiving notification of organization of a district-level festival:

a) The festival organizer shall send the notification to the People’s Committee of the district at least 20 days before the expected date of the festival.

b) Within 15 days from the receipt of the notification, if there is no response given by the People’s Committee of the district, the festival organizer is entitled to organize the festival according to the notification. In case of rejection of the notification, written explanation shall be provided.

2. Procedures for receiving notification of organization of a commune-level festival:

a) The festival organizer shall send the notification to the People’s Committee of the commune at least 20 days before the expected date of the festival.

b) Within 15 days from the receipt of the notification, if there is no response given by the People’s Committee of the commune, the festival organizer is entitled to organize the festival according to the notification. In case of rejection of the notification, written explanation shall be provided.

Chapter III

RESPONSIBILITY FOR STATE MANAGEMENT OF FESTIVALS

Article 18. Responsibility of Ministry of Culture, Sports and Tourism for state management of festivals

The Ministry of Culture, Sports and Tourism shall be responsible to the Government for performing state management of festivals nationwide and have the following tasks and rights:

1. Formulate, promulgate or propose the promulgation of policies and laws on festivals.

2. Expedite and provide guidelines for inventorying and documentation of cultural heritages and festivals.

3. Manage and direct scientific research on festivals; provide professional training courses on festival management and organization.

4. Promote international cooperation and exchange about festival activities.

5. Provide guidelines and inspect the implementation of legislative document, strategies, planning, plans, programs and projects on festival management and organization.

6. Inspect and settle complaints and denunciations and take actions against violations of regulations committed during festivals.

7. Other tasks and rights prescribed by law.

Article 19. Responsibility of relevant ministries for state management of festivals

1. The Ministry of Information and Communications shall:

a) Cooperate with the Ministry of Culture, Sports and Tourism to direct and provide guidance for news agencies, and press agencies on the internal information system used for dissemination of festival-related information;

b) Guide public opinions about preservation and upholding of values of festivals.

2. The Ministry of Foreign Affairs shall perform state management of Vietnam-based foreign diplomatic missions and cooperate with the Ministry of Culture, Sports and Tourism in managing foreign festivals in Vietnam.

3. The Ministry of Health shall direct and provide guidelines for assurance of food safety and provision of health services during festivals.

4. The Ministry of Public Security shall direct and provide guidelines for measures for ensuring security, social safety and order during festivals.

5. The Ministry of Industry and Trade shall direct the inspection, control and prevention of sale of counterfeit goods, goods of inferior quality or unknown origin during festivals.

6. The Ministry of Finance shall provide guidelines for use, management and collection of budget for festival organization and donations given to monuments/sites and festivals.

7. Ministries, ministerial agencies and Governmental agencies shall cooperate with the Ministry of Foreign Affairs in performing state management of festivals within their jurisdiction.

Article 20. Responsibility of People’s Committees at all levels for state management of festivals

1. People’s Committees of provinces shall, within their jurisdiction, perform state management of festivals within their areas and have the following tasks:

a) Direct the inventorying and classification of festivals, documentation of cultural heritages and festivals; design scientific research schemes to preserve and uphold cultural values of festivals;

b) Ensure festivals are organized in a solemn manner and according to traditional rites; remove or replace the customs that are no longer appropriate to the integration and development trends;

c) Direct Departments and local governments to cooperate in festival management and organization; maintain social safety and order and adopt civilized lifestyle during festivals;

d) Organize and provide guidelines for the implementation of regulations on festivals within their areas;

dd) Inspect and settle complaints and denunciations and take actions against violations of regulations committed during festivals within their jurisdiction;

e) Submit periodic reports on their festival management and organization to the Ministry of Culture, Sports and Tourism before December 31 and submit ad hoc reports at the request of the competent authority;

g) Other tasks and rights prescribed by law.

2. People’s Committees of districts/communes shall perform state management of festivals within their areas; receive application for registration or notification of organization of district or commune-level festivals; inventory and classify festivals and organize the implementation of regulations on festivals within their areas.

Article 21. Take actions against violations of regulations committed during festivals

1. Any organization that violates regulations of this Decree and other relevant regulations of law shall, depending on the nature and degree of its violation, incur administrative penalties and compensate for any damage it causes.

2. Any individual that violates regulations of this Decree and other relevant regulations of law shall, depending on the nature and degree of his/her violation, incur disciplinary or administrative penalties or criminal prosecution and compensate for any damage he/she causes.

Chapter IV

IMPLEMENTATION CLAUSE

Article 22. Effect

1. This Decree comes into force from October 15, 2018.

2. Regulations on festival organization specified in Section 3 Chapter 2 of the Regulation on adoption of civilized lifestyle during weddings, funerals and festivals promulgated with the Prime Minister’s Decision No. 308/2005/QD-TTg dated November 25, 2005; Chapter V of the Regulation on cultural activities and provision of public cultural services promulgated together with the Government's Decree No. 103/2009/ND-CP dated November 06, 2008 are null and void from the effective date of this Decree.

Article 23. Transition clauses

1. Regarding the festival whose organization has been approved by a competent authority before the effective date of this Decree, it is not required to reapply for registration.

2. Regarding the festival whose organization is not subject to approval by a competent authority before the effective date of this Decree, it is required to notify its organization as prescribed in this Decree.

Article 24. Responsibility for implementation

Ministers, heads of ministerial agencies, heads of Governmental agencies, Presidents of People’s Committees of provinces and central-affiliated cities and relevant organizations and individuals are responsible for the implementation of this Decree./.