Chương I Nghị định 144/2020/NĐ-CP: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. This Decree prescribes performance arts delivered on Vietnamese territory and from Vietnam to foreign countries.

2. This Decree applies to:

a) Vietnamese organizations and individuals delivering performance arts on Vietnamese territory and from Vietnam to foreign countries;

b) Foreign organizations and individuals delivering performance arts on Vietnamese territory;

c) Other relevant organizations and individuals.

Article 2. Term interpretation

In this Decree, terms below are construed as follows:

1. “performance arts” refer to creation of writing, audio and/or visual art products which are directly or indirectly transmitted to the general public via technical devices in form of art performances; circulation of audio and/or visual records of art performances.

2. “art performance” refers to exhibition of performance arts, beauty contests, model contest or a combination of performance arts and fashion display, cultural, sports activities.

3. “forms of art performances” include stage, music, dance, other tradition and modern stage plays of Vietnam and the world.

4. “circulation of audio and/or visual records of art performances” refers to the act of bringing visual and/or audio products containing art performances onto tapes, disks, software and other materials in order to serve trade, extraction and use in society.

Article 3. Prohibited acts in performance arts

1. Scheming against the Government of Socialist Republic of Vietnam.

2. Distorting history, independence, sovereignty and territorial integrity of the Socialist Republic of Vietnam; infringing national security; denying revolution achievement; offending leaders, national heroes and historical figures; damaging national integrity; offending religions and beliefs; discriminating; violating legal rights and benefits of organizations and individuals.

3. Inciting violence, spreading wars of aggression, inciting conflict between ethnic groups and nationals of other countries, impacting diplomatic relationship.

4. Employing outfits, languages, sound, visual, movements, media or methods which go against tradition or affect moral, health and psychology of the general public negatively.

Article 4. Rights and responsibilities of organizations and individuals organizing art performances

1. Organizations and individuals organizing art performances have the rights to:

a) organize art performances as per the law;

b) receive legal revenues generated from art performances.

2. Organizations and individuals organizing art performances have responsibilities to:

a) comply with Article 3 of this Decree and other relevant law provisions;

b) comply with contents that have been declared and approved by competent authorities according to this Decree;

c) ensure compliance with tradition and culture of activities; ensure suitability for age and gender as per the law; art performances organized for children must comply with regulations and law on child protection;

d) comply with regulations and law on author’s rights and relevant rights;

dd) revoke titles and awards awarded to winning organizations and individuals according to Article 18 of this Decree;

e) refrain from employing performers who are currently suspended from art performances;

g) refrain from using revoked or cancelled titles or awards for cases under Clause 4 Article 20 of this Decree in art performance;

h) cease or change time, location or plans of art performances at request of competent authorities.

Article 5. Rights and responsibilities of organizations and individuals delivering art performances

1. Organizations and individuals delivering art performances have the rights to:

a) deliver art performances as per the law;

b) receive legal benefits from delivering art performances and protection of the Government as per the law.

2. Organizations and individuals delivering art performances have responsibilities to:

a) comply with Article 3 of this Decree and other relevant law provisions;

b) refrain from exploiting art performance to violate regulations and law;

c) refrain from using revoked or cancelled titles or awards for cases under Clause 4 Article 20 of this Decree;

d) comply with regulations and law on author’s rights and relevant rights.

Article 6. Rights and responsibilities of owners of art performance venues

1. Owners of art performance venues have the rights to:

a) extract and utilize the venues as per the law;

b) receive legal benefits from extracting and utilizing the venues.

2. Owners of art performance venues have the responsibilities to:

a) comply with regulations and law on business conditions, security, social order and safety, fire protection, environment and other relevant law provisions;

b) cease or change time or scale of art performances at request of competent authorities.

Article 7. Rights and responsibilities of organizations and individuals circulating audio and/or visual records containing art performances

1. Organizations and individuals circulating audio and/or visual records containing art performances have the rights to:

a) circulate audio and/or visual records containing art performances as per the law;

b) receive legal benefits from circulation of audio and/or visual containing art performances.

2. Organizations and individuals circulating audio and/or visual records containing art performances have the responsibilities to:

a) refrain from circulating audio and/or visual records whose contents violate Article 3 of this Decree and other relevant law provisions;

b) comply with regulations and law on author’s rights and relevant rights;

c) perform copyright deposit according to this Decree.