Nghị định 72/2016/NĐ-CP hoạt động nhiếp ảnh

NGHỊ ĐỊNH

VỀ HOẠT ĐỘNG NHIẾP ẢNH

Căn cứ Luật tổ chức Chính phủ ngày 19 tháng 6 năm 2015;

Căn cứ Luật ban hành văn bản quy phạm pháp luật ngày 22 tháng 6 năm 2015;

Theo đề nghị của Bộ trưởng Bộ Văn hóa, Thể thao và Du lịch;

Chính phủ ban hành Nghị định về hoạt động nhiếp ảnh.

DECREE

ON PHOTOGRAPHIC ACTIVITIES

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

Pursuant to the Law on promulgation of legislative documents dated June 22, 2015;

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

The Government promulgates a Decree on photographic activities.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree provides for photographic activities and state management of photographic activities.

Article 2. Regulated entities

This Decree applies to Vietnamese and foreign agencies, organizations and individuals participating in photographic activities in Vietnam.

Article 3. Interpretation of terms

In this Decree, these terms shall be construed as follows:

1. Photographic activities include photography composition campaigns, photography camps, contests, festivals and exhibitions, sale, purchase and use of photographic works.

2. Photographer refers to the person who creates photographic works.

3. Co-authors of a photographic work refer to two or several photographers jointly creating a photographic work.

4. A photographic work refers to a creative product that reflects an image of the objective world on a light-sensitive material or on a medium by which that image is created, or that may be created chemically, or electronically, or by adopting other techniques. A photographic work may or may not be enclosed with photographic notes.

5. Change in materials means using other material to show a photographic work other than its initial material.

6. Combination of photography and other art forms means using partial or entire photographic work to create a product of another art form such as fine art, theatre, cinematography and other art forms.

7. Photography contest refers to the selection and announcement of photographic works with awards presented, including online photography contests.

8. Photography festival refers to the collection, announcement and exhibition, exchange and showcase of photographic works with or without awards presented, including online photography festivals.

9. Photography exhibition refers to the introduction, display and projection of photographic works, including online photography exhibitions.

10. Photography composition campaign encourages the creation of photographic works with a specific topic or purpose and with or without awards presented, including online photography composition campaigns.

11. Photography camp is a place where photographers gather to compose photographs of the same topic and/or purpose and organized by an agency or entity.

Article 4. Rights of entities participating in photographic activities

1. Compose photographic works in the territory of the Socialist Republic of Vietnam in accordance with prevailing laws.

2. Participate in photographic activities in accordance with prevailing laws.

3. Adopt the Government's policies on photographic activities as provided for in Article 6 herein.

4. Have copyright and other rights over photographic works protected by the Government in accordance with prevailing laws.

5. Have other rights in accordance with prevailing laws.

Article 5. Responsibilities of entities participating in photographic activities

1. Do not propagate against the Government of the Socialist Republic of Vietnam; do not sabotage the great national unity bloc.

2. Do not reveal secrets of the Communist Party and the Government, military, security, economic and foreign affair secrets, secrets of an individual’s private life and other secrets as regulated by laws.

3. Do not incite war of aggression and cause enmity between nations or between the people of countries; do not disseminate reactionary propaganda.

4. Do not edit or combine photographic works to falsify contents of images thereof for the purposes of distorting history or denying revolutionary achievements; do not offend great men, national heroes and well-known men of culture; do not slander or damage prestige of an agency or organization, or individual's honour and dignity.

5. Do not commit violations against regulations on civilized lifestyle, customs and habits, security and public order; do not propagate violence, crimes and social evils harming human health and damaging ecological environment, and other illegal acts.

6. Do not purchase, sell, use and disseminate photographic works in violation of the law or to which decision on suspension or prohibition from sale, recalling, confiscation or destruction issued by a competent authority.

7. Comply with laws on copyright, relevant rights and individual's rights over images.

8. Organize photography exhibitions in conformity with licensed contents.

Chapter II

STATE MANAGEMENT OF PHOTOGRAPHIC ACTIVITIES

Article 6. Government's policies on photographic activities

1. The Government shall support composition activities, place orders for composition of photographic works, collect and conserve valuable photographic works in order to serve the protection and development of the Fatherland.

2. Domestic and foreign entities are encouraged by the Government to participate in photographic activities and develop photography industry in accordance with prevailing laws; the application of modern technologies to photographic activities is also encouraged.

3. Based on social and economic conditions in each period, the Government shall adopt appropriate policies to support and invest in photographic activities.

Article 7. Contents of state management of photographic activities

1. Formulate and implement strategies and plans for photographic activities.

2. Manage and instruct scientific research, training, improvement and development of human resources in terms of professional knowledge and skills, and management of photographic activities.

3. Manage and promote international cooperation and exchange about photographic activities.

4. Issue and revoke licenses to organize photography exhibitions.

5. Perform emulation and commendation affairs relating to photographic activities.

6. Inspect and resolve complaints or denunciations, and handle violations against regulations on photographic activities in accordance with prevailing laws.

Article 8. Competent authorities in charge of managing photographic activities

1. The Government shall execute a consistent state management of photographic activities.

2. Ministry of Culture, Sports and Tourism shall be responsible before the Government for state management of photographic activities.

3. Ministries, ministerial-level agencies and the Government’s affiliates shall coordinate with Ministry of Culture, Sports and Tourism in executing the state management of photographic activities to the best of their competence and ability.

4. People’s committees of central-affiliated cities or provinces (hereinafter referred to as provincial people’s committees) shall within the ambit of assigned tasks and powers execute the state management of photographic activities in their management provinces. Departments of Culture, Sports and Tourism or Departments of Culture and Sports shall assist provincial people’s committees in executing the state management of photographic activities.

Chapter III

PHOTOGRAPHY COMPOSITION CAMPAIGNS, PHOTOGRAPHY CAMPS, CONTESTS, FESTIVALS AND EXHIBITIONS, AND USE OF PHOTOGRAPHIC WORKS

Article 9. Photography composition campaigns, photography camps, contests and festivals organized in Vietnam

1. The entity in demand of organizing a photography composition campaign, or photography camp, or contest or festival in Vietnam shall, by hand or by post, send a written announcement to competent authorities referred to in Clause 3 of this Article.

2. The written announcement must include information of the entity organizing the photography composition campaign, or photography camp, or contest or festival, name, topic, contents, period and location of that photography composition campaign, or photography camp, or contest or festival.

3. Announcement-receiving authorities

a) Ministry of Culture, Sports and Tourism shall receive written announcements of photography composition campaigns, photography camps, contests and festivals organized in Vietnam by ministries, boards or regulatory bodies affiliated to the central government and foreign entities;

b) Provincial people’s committees shall receive written announcement of photography composition campaigns, photography camps, contests and festivals organized in Vietnam by entities other than those stated in point a of this Clause.

4. Within 07 working days from the receipt of the written announcement, if the competent state authority makes no written response, the entity sending that written announcement may carry out announced activities. If finding that any of acts stated in Article 5 of this Decree is committed, the competent state authority shall not give approval for the photographic activity stated in the written announcement by specifying reasons in writing.

5. If any contents in the written announcement are changed, the entity that organizes the photography composition campaign, or photography camp, or contest or festival in Vietnam must send another written announcement.

Article 10. Transporting photographic works from Vietnam to foreign countries for attending photography contest or festival

1. Entities transporting photographic works from Vietnam to foreign countries for attending photography contests or festivals shall assume liability before the law for the copyright and contents of photographic works which are sent to photography contests or festivals. Entities that commit violations when transporting photographic works from Vietnam to foreign countries for attending photography contests or festivals shall be handled in accordance with prevailing laws.

2. An organization (ministry, board or regulatory body affiliated to the central government) that carries photographic works from Vietnam to a foreign country for attending a photography contest or festival under the guise of representing Vietnam shall, by hand or by post, send a written announcement to competent state authorities referred to in Clause 4 of this Article.

3. The written announcement must include information of the entity organizing the photography contest or festival, name, topic, contents, period and location of that photography contest or festival.

The written announcement is enclosed by the following:

a) The list of photographic works expressed in Vietnamese (including ordinal numbers and names of photographic works, and names of photographers);

b) Photographic works sent to the photography contest or festival must be enclosed with photographic notes. Such photographic works must be printed in papers with the smallest paper size of 13 x 18 cm or recorded in CDs;

c) The invitation letters and rules of the photography contest or festival, which are translated into Vietnamese.

4. Announcement-receiving authorities

Ministry of Culture, Sports and Tourism shall receive written announcements submitted by organizations that transport photographic works from Vietnam to foreign countries for attending photography contests or festivals under the guise of representing Vietnam.

5. Within 07 working days from the receipt of the written announcement, if the competent state authority makes no written response, the entity submitting that written announcement may conduct activities stated in that written announcement. If finding that any of acts stated in Article 5 of this Decree is committed, the competent state authority shall not give approval for the activities stated in the written announcement by specifying reasons in writing.

6. If any contents in the written announcement are changed, the organization that carries photographic works from Vietnam to a foreign country for attending a photography contest or festival under the guise of representing Vietnam must submit another written announcement.

7. Entities transporting photographic works from Vietnam to foreign countries for attending photography contests or festivals must send written reports of results of photography contests or festivals to competent authorities that receive their written announcement of attending foreign photography contests or festivals, enclosed with copies of award certificates (if any) to use as the basis for commendation.

Article 11. Photography exhibitions in Vietnam

1. An entity in demand of organizing a photography exhibition in Vietnam must apply for a license to organize photography exhibition from a competent state authority.

2. Regulations on photography exhibitions in Vietnam:

a) Photographic works shown in the photography exhibition must conform to licensed exhibition topics and/or contents; must have legitimate origin and under legal ownership or use right;

b) The location for exhibition must correspond to the features and scale of that exhibition.

3. An entity in demand of organizing a photography exhibition shall, by hand or by post, submit 01 set of application dossiers for a license to organize photography exhibition to a competent state authority referred to in Clause 4 of this Article. The application dossiers consist of:

a) The application form for a license to organize photography exhibition in Vietnam, using form No. 01 stated in the Annex herein;

b) The list of photographic works expressed in Vietnamese (including ordinal numbers and names of photographic works, and names of photographers, materials, sizes, quantity);

c) Photographic works shown in the photography exhibition, enclosed with photographic notes. Such photographic works must be printed in paper with the smallest paper size of 13 x 18 cm or recorded in CDs;

d) If a photography exhibition is organized at a location which is not an exhibition hall, a written consent made by the owner of the location for exhibition is required;

dd) With regard to a photographic work which contains a nude or semi-nude image of an identified person, a written agreement made between the photographer and that person on photographic contents, time and scope of announcement of that photographic work is required.

4. Licensing authorities

a) Ministry of Culture, Sports and Tourism shall grant licenses to photography exhibitions representing for one or several countries, those with nation-wide scale or organized by ministries, boards or regulatory bodies affiliated to the central government, those organized in 02 provinces or cities, or more, and those organized by international or foreign organizations representing their countries or with the cooperation of several countries;

b) Provincial people’s committees shall issue licenses to organize photography exhibitions other than those prescribed in point a of this Clause.

5. A competent state authority that receives the application for license to organize photography exhibition shall respond to the applicant with respect to the receipt of his/her application according to Form No. 06 stated in the Annex herein.

6. Period for issuance of a license

Within 07 working days from the receipt of valid application as referred to by laws, competent state authorities shall issue licenses to organize photography exhibitions in Vietnam, using form No. 02 stated in the Annex herein. If the application is rejected, reasons shall be specified in writing.

7. If contents, effect or location stated in the issued license is changed, the entity organizing the photography exhibition shall re-carry out procedures for a license.

Article 12. Transporting photographic works from Vietnam to photography exhibitions abroad

1. An entity in demand of transporting photographic works from Vietnam to a photography exhibition abroad must apply for a license from a competent state authority.

2. Regulations on transport of photographic works from Vietnam to photography exhibitions abroad

a) Photographic works entering into a photography exhibition in a foreign country must have legitimate origin and be under legal ownership or use right;

b) The entity that transports photographic works from Vietnam to a photography exhibition abroad must perform responsibilities mentioned in Article 5 of this Decree.

3. The entity in demand of transporting photographic works from Vietnam to a photography exhibition abroad shall, by hand or by post, submit 01 set of application dossiers for license to a competent state authority referred to in Clause 4 of this Article. The application dossiers consist of:

a) The application form for license to transport photographic works from Vietnam to a photography exhibition abroad, using form No. 03 stated in the Annex herein;

b) The list of photographic works expressed in Vietnamese (including ordinal numbers and names of photographic works, and names of photographers, materials, sizes, quantity); 

c) Photographic works entering into the photography exhibition abroad, enclosed with photographic notes. Such photographic works must be printed in paper with the smallest paper size of 13 x 18 cm or recorded in CDs;d) The letter of invitation, notice, photo books (if any), written agreement or contract entered into with foreign partner which has been translated into Vietnamese;

dd) With regard to a photographic work which contains a nude or semi-nude image of an identified person, a written agreement made between the photographer and that person on photographic contents, time and scope of announcement of that photographic work shall be enclosed to the application.

4. Licensing authorities

a) Ministry of Culture, Sports and Tourism shall grant license to transport photographic works from Vietnam to photography exhibitions abroad under the guise of representing Vietnam;

b) Provincial people’s committees shall issue license to transport photographic works from Vietnam to photography exhibitions abroad to the cases other than those stated in point a of this Clause.

5. A state authority competent to receive the application for license shall respond to the applicant with respect to the receipt of his/her application according to Form No. 06 stated in the Annex herein.

6. Period for a license granted

Within 07 working days from the receipt of valid application as referred to by laws, competent state authorities shall issue licenses to transport photographic works from Vietnam to photography exhibitions abroad, using form No. 04 stated in the Annex herein. If the application is rejected, reasons shall be specified in writing.

7. If contents, time or location stated in the issued license is changed, the entity that transports photographic works from Vietnam to the photography exhibition abroad shall re-carry out licensing procedures.

Article 13. Revocation/ re-issuance of licenses to organize photography exhibitions

1. Licensing authorities have the right to revoke the issued licenses to organize photography exhibitions.

2. Cases where a license is revoked:

Entities organizing photography exhibitions fail to perform their responsibilities prescribed in Article 5 of this Decree.

3. Procedures for revocation of a license:

a) A licensing authority shall make a decision on the revocation of the license to organize photography exhibition, using form No. 05 stated in the Annex herein;

b) The license holder must return the issued license to the competent state authority upon decision on the license revocation and immediately terminate photography exhibition activities for which the license is revoked;

c) The entity that has a license to organize photography exhibition revoked may not apply for another license within 03 months from the date on which the license is revoked and may be handled in accordance with the law regulations subject to the nature and severity of the violations.

4. After 03 months from the date on which the license is revoked, the entity in demand of organizing a photography exhibition shall comply with regulations in Articles 11 and 12 of this Decree.

Article 14. Photographic councils

1. Appraisal council is established to assist state authorities in appraising photographic works in the course of issuance of license to organize photography exhibition. If finding any of acts in Article 5 of this Decree is committed, the competent state authority shall establish an appraisal council to provide advice before issuing or rejecting to issue a license to organize photography exhibition.

2. Arts Council and Council of Examiners or Board of Examiners are established to assist the Organizational Board in selecting qualified photographic works to show in photography exhibitions or granting prizes to photographic works in photography exhibitions, contests or festivals, or photography composition campaigns.

3. Authorities competent to establish photographic councils

a) State authorities competent to issue license as referred to in Clause 4 Article 11 and Clause 4 Article 12 of this Decree;

b) Entities that organize photography exhibitions/ contests/ festivals/ photography composition campaigns.

4. Organization and operation of photographic councils

a) The number of members of a photographic council must be an odd number, including at least 03 persons who are reputable in photographic activities and management.

At least two-thirds of members of an Arts Council or a Council of Examiners or a Board of Examiners must be professionals in photography.

b) Photographic councils work on the principle of democracy, make decisions under the majority rule and ensure the objectiveness and impartiality.

c) Members of a photographic council are responsible for providing advice on the appraisal of quality, contents and artistic value of photographic works; bear liabilities before the competent authority that establishes that photographic council for their own opinions and may get remuneration and other benefits in kind from the council-establishing authority in accordance with prevailing laws.

Article 15. Use of photographic works

1. Photographic works are used in accordance with regulations of the law on intellectual property and regulations in Article 5 of this Decree.

2. Selling a photographic work, or using it for advertising purpose, or changing its material, or combining it with another art form must be made under contract which is signed by and between the user of that photographic work and the photographer or the copyright owner of that photographic work.

3. The execution/ adjustment/ termination/ cancellation of contracts for use of photographic works as referred to in Clause 2 of this Article must comply with regulations of the civil code.

Chapter IV

IMPLEMENTATION

Article 16. Effect

1. This Decree takes effect as of August 15, 2016.

2. Regulations on photo exhibition in Chapter IV of Regulations on cultural activities and commercial provision of public cultural services, enclosed to the Government’s Decree No. 103/2009/ND-CP dated November 06, 2009 shall be abrogated.

Article 17. Implementation

1. Minister of Culture, Sports and Tourism shall organize and inspect the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of affiliates of the Government, chairpersons of people's committees of central-affiliated cities or provinces, and relevant entities shall implement this Decree./.

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