Chương II Nghị định 144/2020/NĐ-CP: Hoạt động biểu diễn nghệ thuật

Chapter II

PERFORMANCE ARTS

Section 1. ORGANIZING PERFORMANCE ARTS

Article 8. Purposes of organizing performance art

1. Organizing performance arts serving political missions; performance arts service individual agencies and organizations: announce according to Article 9 of this Decree.

2. Organizing performance arts serving at tourism, recreational, restaurant facilities without selling art performance tickets: announce according to Article 9 of this Decree.

3. Organizing performance arts for purposes other than those specified under Clauses 1 and 2 of this Article: conform to Article 10 of this Decree.

4. Organizing performance arts which are not delivered directly in front of the general public: upload on broadcast and/or television systems and internet environment and uploaders shall be responsible for the upload.

Article 9. Announcing performance art organization

1. Agencies and organizations specified under Clause 1 Article 8 Decree shall inform regulatory authorities under Clause 3 of this Article prior to organization. Heads shall responsible for complying with approved plans.

2. Business facilities specified under Clause 2 Article 8 Decree shall inform regulatory authorities under Point b Clause 3 of this Article prior to organization.

3. Announcement receivers:

a) People’s Committees of provinces where art performances take place shall receive announcement of agencies, entities affiliated to ministries, central governments of political organizations, socio-political organizations, social organizations, socio-occupational organizations, economic institutions;

b) People’s Committees of districts where art performances take place shall receive announcement of other organizations and individuals.

4. Procedures for receiving announcement:

Agencies, organizations and individuals shall submit written announcement (using Form No. 1 under Annex attached to this Decree) in person, via postal service or online to announcement receivers at least 5 working days before the date on which art performances are expected to take place.

Article 10. Conditions and procedures for organizing performance arts specified under Clause 3 Article 10 of this Decree

1. Conditions for organizing performance arts:

a) Be public service providers specialized in delivering art performances; associations specialized in performance arts; organizations and individuals applying for delivering art performances as per the law;

b) Satisfy requirements regarding security, social order and safety, environment, medical and fire prevention as per the law;

c) Obtain written permission for organizing art performances of competent authorities.

2. Competent authorities specified under Point c Clause 1 of this Article:

a) Ministry of Culture, Sports and Tourism shall approve art performances within international cooperation framework of associations specialized in delivering art performances affiliated to central governments and service providers specialized in delivering art performances affiliated to central governments;

b) People’s Committees of provinces shall approve art performances organized within administrative divisions under their management and not specified under Point a of this Clause.

3. Application compositions:

a) Written application for organizing art performances (using form No. 2 under Annex attached to this Decree);

b) Script and list of works, authors, primary persons responsible for program contents (in case of foreign works, attach Vietnamese translation bearing certified signatures of translators).

4. Procedures for issuing written permission:

a) Applicants shall submit applications in person, via postal service or online to competent authorities at least 7 working days before the date on which art performances are expected to take place;

b) If applications are inadequate, competent authorities shall request the applicants in writing to revise the applications within 3 working days after receiving the applications;

c) In case applications are adequate as per the law, competent authorities shall appraise, issue written permission (using Form No. 3 under Annex attached to this Decree) and upload on website within 5 working days. In case of rejection, provide written response and explanation;

d) In case of any change to contents of art performances which have been approved, applicants for organizing art performances shall issue written explanation and submit in person, via postal service or online to application receivers.  Within 2 working days from the date on which adequate applications are received, application receivers must consider, decide and inform the applicants in writing;

dd) In case of change to time and/or location of approved art performances, applicants for organizing art performances shall inform approving agencies and local governments where the art performances take place in person, via postal service or online at least 2 working days before the date on which the art performances are expected to take place.

5. Associations specialized in delivering art performances affiliated to central governments and service providers specialized in delivering art performances affiliated to central governments shall send announcement according to Clause 4 Article 9 of this Decree to People’s Committees of provinces where art performances take place after receiving written permission for art performances within international cooperation framework of Ministry of Culture, Sports and Tourism.

Section 2. ORGANIZING COMPETITIONS AND CELEBRATIONS INVOLVING PERFORMANCE ARTS

Article 11. Purpose of organizing competitions and celebrations involving performance arts

1. Competitions and celebrations serving political missions; competitions and celebrations for entities under local management of agencies and organizations: announce according to Article 12 of this Decree.

2. Competitions and celebrations for purposes other than those specified under Clause 1 of this Article: conform to Article 13 of this Decree.

3. Competitions and celebrations which are not delivered directly in front of the general public: upload on broadcast and/or television systems and internet environment and uploaders shall be responsible for the upload.

Article 12. Announcement for organizing competitions and celebrations involving performance arts

1. Agencies and organizations specified under Clause 1 Article 11 Decree shall inform regulatory authorities under Clause 2 of this Article prior to organization. Heads shall responsible for complying with approved plans.

2. Announcement receivers:

a) People’s Committees of provinces where competitions and celebrations take place shall receive announcement of agencies, entities affiliated to ministries, central governments of political organizations, socio-political organizations, social organizations, socio-occupational organizations, economic institutions;

b) People’s Committees of districts where competitions and celebrations take place shall receive announcement of other organizations and individuals.

3. Procedures for receiving announcement:

Agencies and organizations shall submit written announcement (using Form No. 1 under Annex attached to this Decree) in person, via postal service or online to announcement receivers at least 10 working days before the date on which competitions and celebrations are expected to take place.

Article 13. Conditions and procedures for organizing competitions and celebrations involving performance arts specified under Clause 2 Article 11 of this Decree

1. Conditions for organizing competitions and celebrations:

a) Be public service providers specialized in delivering art performances; associations specialized in performance arts; organizations and individuals applying for delivering art performances as per the law;

b) Satisfy requirements regarding security, social order and safety, environment, medical and fire prevention as per the law;

c) Obtain written permission for organizing competitions and celebrations involving art performances of competent authorities.

2. Competent authorities specified under Point c Clause 1 of this Article:

a) Ministry of Culture, Sports and Tourism shall approve national and international competitions and celebrations of associations specialized in delivering art performances affiliated to central governments and service providers specialized in delivering art performances affiliated to central governments;

b) People’s Committees of provinces shall approve competitions and celebrations organized within administrative divisions under their management and not specified under Point a of this Clause.

3. Application compositions:

a) Written application for organizing competitions and celebrations (using form No. 4 under Annex attached to this Decree);

b) Schemes for organizing competitions and celebrations (using form No. 5 under Annex attached to this Decree).

4. Procedures for issuing written permission:

a) Applicants shall submit application in person, via postal service or online to competent authorities at least 30 working days before the date on which competitions and celebrations are expected to take place;

b) If applications are inadequate, competent authorities shall request the applicants in writing to revise the applications within 3 working days after receiving the applications;

c) In case applications are adequate as per the law, competent authorities shall appraise, issue written permission (using Form No. 6 under Annex attached to this Decree) and upload on website within 15 working days. In case of rejection, provide written response and explanation;

d) In case of any change to contents of art competitions and celebrations which have been approved, applicants for organizing competitions and celebrations shall issue written explanation and submit in person, via postal service or online to application receivers.  Within 5 working days from the date on which adequate applications are received, application receivers must consider, decide and inform the applicants in writing;

dd) In case of change to time and/or location of approved competitions and celebrations, applicants for organizing competitions and celebrations shall inform approving agencies and local governments where the competitions and celebrations take place in person, via postal service or online at least 5 working days before the date on which the competitions and celebrations are expected to take place.

5. Associations specialized in delivering art performances affiliated to central governments and service providers specialized in delivering art performances affiliated to central governments shall send announcement according to Clause 3 Article 12 of this Decree to People’s Committees of provinces where competitions and celebrations take place after receiving written permission for competitions and celebrations within international cooperation framework of Ministry of Culture, Sports and Tourism.

Section 3. ORGANIZING BEAUTY CONTESTS AND MODEL CONTESTS

Article 14. Purposes of organizing beauty contests and model contests

1. Contests for organizations and individuals under local management of agencies and organizations: announce according to Article 15 of this Decree.

2. Contests for purposes other than those specified under Clause 1 of this Article: conform to Article 16 of this Decree.

3. Contests which are not delivered directly in front of the general public: upload on broadcast and/or television systems and internet environment and uploaders shall be responsible for the upload.

Article 15. Announcement for organizing beauty contests and model contests

1. Agencies and organizations performing activities specified under Clause 1 Article 14 of this Decree shall inform People’s Committees of districts where contests take place before organizing the contests. Heads shall responsible for complying with approved plans.

2. Procedures for receiving announcement:

Agencies and organizations shall submit written announcement (using Form No. 1 under Annex attached to this Decree) in person, via postal service or online to announcement receivers at least 10 working days before the date on which contests are expected to take place.

Article 16. Conditions and procedures for organizing beauty contests and model contests specified under Clause 2 Article 14

1. Conditions for organizing contests:

a) Be public service providers specialized in delivering art performances; associations specialized in performance arts; organizations and individuals applying for delivering art performances as per the law; 

b) Satisfy requirements regarding security, social order and safety, environment, medical and fire prevention as per the law;

c) Obtain written permission for organizing beauty contests and model contests of competent authorities.

2. Competent authorities specified under Point c Clause 1 of this Article shall be People’s Committees of provinces where contests take place.

3. Chairpersons of People’s Committees of provinces shall direct affiliated entities to adopt state management measures and be responsible for ensuring organization of contests in local administrative divisions as per the law.

4. Application compositions:

a) Written application for organizing contests (using form No. 7 under Annex attached to this Decree);

b) Schemes for organizing contests (using form No. 8 under Annex attached to this Decree).

5. Procedures for issuing written permission:

a) Applicants shall submit application in person, via postal service or online to competent authorities at least 30 working days before the date on which contests are expected to take place;

b) If applications are inadequate, competent authorities shall request the applicants in writing to revise the applications within 3 working days after receiving the applications;

c) In case applications are adequate as per the law, competent authorities shall appraise, issue written permission (using Form No. 9 under Annex attached to this Decree) and upload on website within 15 working days. In case of rejection, provide written response and explanation;

d) In case of any change to contents of contests which have been approved, applicants for organizing contests shall issue written explanation and submit in person, via postal service or online to application receivers.  Within 5 working days from the date on which adequate applications are received, application receivers must consider, decide and inform the applicants in writing;

dd) In case of change to time and/or location of approved contests, applicants for organizing contests shall inform approving agencies and local governments where the contests take place in person, via postal service or online at least 5 working days before the date on which the contests are expected to take place.

Section 4. CESSATION OF ART PERFORMANCE, REVOCATION OF TITLES AND AWARDS, CANCELLATION OF RESULTS OF COMPETITIONS AND CELEBRATIONS HELD IN VIETNAM

Article 17. Cessation of performance arts

1. Competent authorities shall request cessation of art performances in writing in case of:

a) Violation to Article 3 of this Decree; or

b) Failure to announce or receive permission of competent authorities according to this Decree; or

c) National defense, security, natural disasters, epidemic or emergencies.

2. Competent authorities capable of ceasing art performances shall be announcement receivers or competent agencies capable of approving according to this Decree.

3. Written request for cessation of art performances must clarify reasons and date of cessation.

4. Organizations and individuals must cease art performances at request of competent authorities and promptly rectify consequences. In case of continuation of art performances, organizations and individuals shall propose measures for continuation in writing and submit to competent authorities for consideration.

5. Within 2 working days from the date on which written request is received, competent authorities shall consider, decide and inform relevant organizations and individuals in writing.

6. Organizations and individuals whose art performances are ceased must provide public notice on mass media regarding cessation of art performances and be responsible for assuring rights of relevant organizations and individuals as per the law.

Article 18. Revocation of titles and awards, cancellation of results of competitions and celebrations involving performance arts, beauty contests, model contests

1. Competent authorities specified under Clause 2 Article 17 of this Decree shall send request for revocation of titles and awards to organizers of competitions and celebrations in case:

a) Winners of titles and awards violate Article 3 of this Decree; or

b) Titles and awards granted at competitions and celebrations do not conform to schemes under application for written permission or announcement.

2. Organizers of competitions and celebrations shall revoke titles and awards at request of competent authorities, publicize revocation of titles and awards on mass media and be responsible for assuring rights of relevant organizations and individuals as per the law.

3. In case of failure to revoke, competent authorities specified under Clause 2 Article 17 of this Decree shall decide to cancel results of competitions and celebrations after 5 working days from the date on which written request for revocation is issued and cancellation of results of competitions and celebrations is uploaded on website of competent authorities.

Section 5. OVERSEAS BEAUTY CONTESTS AND MODEL CONTESTS

Article 19. Eligibility for Vietnamese nationals to attend overseas beauty contests and model contests

1. Having invitation of competition organizers.

2. Not currently under administrative penalties; having no criminal records or not being charged according to criminal proceeding laws.

3. Not being suspended from delivering art performances according to decisions of competent authorities.

Article 20. Attending overseas beauty contests and model contests

1. Vietnamese nationals attending overseas beauty contests and/or model contests must request specialized cultural agencies affiliated to People’s Committees of provinces where the nationals reside in writing to issue written confirmation on participation in overseas beauty contests and model contests.

2. Written request compositions:

a) Declaration on attending overseas beauty contests and model contests (using Form No. 10 under Annex attached to this Decree);

b) Criminal record No. 1;

c) Copies of participation invitation together with Vietnamese translation bearing verified signatures of translators.

3. Procedures for issuance of written confirmation:

a) Applicants shall submit application in person, via postal service or online to competent authorities;

b) If applications are inadequate, competent authorities shall request the applicants in writing to revise the applications within 3 working days after receiving the applications;

c) In case applications are adequate as per the law, competent authorities shall issue written permission (using Form No. 11 under Annex attached to this Decree) and upload on website within 5 working days. In case of rejection, produce written response and explanation;

d) In case of any change to contents which have been approved, applicants shall issue written explanation and submit in person, via postal service or online to application receivers.  Within 2 working days from the date on which adequate applications are received, application receivers must consider, decide and inform the applicants in writing.

4. Individuals who have not received confirmation from competent authorities according to Clause 3 of this Article must not utilize titles earned in overseas beauty contests and model contests in performance arts in Vietnam.