Chương I Nghị định 110/2018/NĐ-CP về quản lý và tổ chức lễ hội: Những quy định chung

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.