Chương I Nghị định 23/2019/NĐ-CP : Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Decree provides for exhibition organization and cooperation in exhibition organization for non-profit purpose in Vietnam and overseas countries.

2. This Decree shall not regulate the following entities:

a) Art and photography exhibitions;

b) Exhibitions of publications, precious objects, antiques; exhibitions included in the museum system;

c) Exhibitions of national socio-economic achievements organized upon the Prime Minister's Decision;

d) Exhibitions of local socio-economic achievements organized upon provincial People's Committee's Decisions;

dd) Displays of works, exhibits or documents legally owned or used by organizations or individuals at their office or private houses included in internal activities.

Article 2. Regulated entities

This Decree applies to Vietnamese organizations and individuals; international organizations, foreign organizations and individuals involved in exhibition organization prescribed in Clause 1 Article 1 hereof.

Article 3. Definition

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

1. "exhibition” means displaying works, exhibits and documents within a limited period of time at a certain place in different forms by using different technical instruments with the aim of introducing, disclosing or popularizing such works, exhibits or documents to the society.

2. “non-profit exhibition” means any exhibition not including trading activities or opportunities for trading contracting.

3. "cooperating activities in exhibition” mean activities carried out before and after an exhibition for the purpose of providing additional information, disseminating or proliferating such exhibition.

Article 4. State management in exhibition

1. Preparing, requesting the competent authority to issue or issuing legal documents on exhibitions as authorized

2. Formulating and implementing the exhibition strategy

3. Disseminating education of the law on exhibition

4. Managing, providing guidelines for, conducting scientific research and providing training for developing human resources' professional skills in exhibition organization.

5. Managing and cooperating with international organizations in exhibition organization

6. Granting and revoking licenses for exhibition organization and receiving notices of exhibition organization

7. Promoting emulation and commendation in exhibition

8. Checking and dealing with complaints, denunciations and handling violations against regulations on exhibition.

Article 5. Exhibition authorities

1. The Government shall ensure consistency in state management in exhibition.

2. The Ministry of Culture, Sports and Tourism shall be held accountable to the Government for state management in exhibition.

3. Other ministries, ministerial agencies and Governmental agencies shall cooperate with the Ministry of Culture, Sports and Tourism in performing state management in exhibition; assess the exhibition program and response in writing at the request of the Ministry of Culture, Sports and Tourism.

4. People's Committees of provinces and centrally-affiliated cities (hereinafter referred to as "provincial People’s Committees”) shall perform state management in provincial exhibitions. Department of Culture, Sports and Tourism and Department of Culture and Sports shall assist provincial People's Committees in state management in provincial exhibitions.

Article 6. Rights of organizations and individuals engaging in exhibition organization

1. Be entitled to organize or participate in organization of or investment in exhibitions as per law provisions.

2. Have their legal benefits protected as per law provisions.

3. Be permitted to temporarily import, re-export or temporarily export and re-import works, exhibits and documents serving exhibition organization as per law provisions.

Article 7. Responsibilities of organizations and individuals engaging in exhibition organization

1. Organize exhibitions when licensed (for exhibitions requiring a license) or after the deadline specified in Clause 3 and 4 Article 17 hereof if receiving no written response from the agency receiving the notice of exhibition organization (for exhibitions requiring notice of organization).

2. Arrange exhibitions as specified in the license or the notice.

3. Comply with regulations on civilized lifestyle, order and security; fire safety and other law provisions.

4. Comply with law provisions on intellectual property rights and take legal responsibility for violations against regulations on intellectual property rights in exhibition.

5. Perform cooperating activities in exhibitions (if any) under law provisions on such activities. Comply with regulations on exhibition organization of the hosting country when participating in organization of exhibition overseas.

6. In case the exhibition is organized by more than one organization or individual, such organization/individual shall mutually authorize, in writing, 1 organization or 1 individual to be the representative. The representative shall sign and seal (if any) the application for a license, submit such application and notice of exhibition organization and take responsibility for the information provided.

7. Explain in writing activities included in the exhibition if required by the competent authority or if a sign of violation is found by the competent authority.

Article 8. Conditions for works, exhibits, documents on display and exhibition place

Works, exhibits, documents and places of the exhibition shall meet the following requirements:

1. Works, exhibits and documents on display shall not include the information on:

a) propaganda against the Socialist Republic of Vietnam and undermining of the whole-people solidarity;

b) reveal of secrets of the organization or individual without any permission or other legally regulated secrets;

c) fomentation of wars; animosity between different minority groups or peoples of other countries; religious division, whole-people disunity or distribution of reactionary ideas;

d) history distorting, revolutionary achievement disclaiming; offence against great men, national heroes and cultural famous men; damage to organization or individual’s prestige, personal honor and dignity;

dd) violations against regulations on civilized lifestyle, order and security, distribution of violence, illegal acts and social evils which cause harm to people’s health and destroy natural environment.

2. Works, exhibits and documents on display shall not be on the list of products suspended or prohibited from circulation or seized products.

3. Works, exhibits and documents on display shall be conformable to the topic of the exhibition with clear origin and legal ownership or use rights.

4. The exhibition place shall be suitable for the exhibition size and satisfy conditions for social order and security, environmental hygiene and fire safety.

Article 9. Exhibition assessment council

1. The competent authorities specified in Article 11 and 16 hereof shall establish an exhibition assessment council (hereinafter referred to as "the council”) in case:

a) the exhibition features things not included in the culture, sports and tourism industry;

b) the exhibition is hold nationwide or internationally or comprised of complicated matters.

2. The council shall give professional advice to the competent authority for deciding whether to organize the exhibition.

3. The number of council’s members shall be an odd number including at least 3 members that are representatives of relevant agencies, experts in relevant fields, in which the council's chairperson is the representative of the authority having power to grant a license or receive the notice.

4. The council shall be operated under the democracy centralism principle and its decisions shall be made by majority vote. Regulations on organization and operations of the council shall be issued by the Ministry of Culture, Sports and Tourism.