Circular No. 01/2009/TT-BVHTTDL date January 22, 2009 of the Ministry of Culture, Sport and Tourism guiding cultural and art exhibition activities in Vietnam and overseas under the Government's Decree No. 11/2006/ND-CP dated January 18, 2006, promulgating the Regulation on cultural activities and commercial provision of public cultural services, and Decree No. 72/ 2000/ND-CP dated December 5, 2000, on overseas announcement and dissemination of works

CIRCULAR

GUIDING CULTURAL AND ART EXHIBITION ACTIVITIES IN VIETNAM AND OVERSEAS UNDER THE GOVERNMENT'S DECREE NO. 11/2006/ND-CP OF JANUARY 18, 2006, PROMULGATING THE REGULATION ON CULTURAL ACTIVITIES AND COMMERCIAL PROVISION OF PUBLIC CULTURAL SERVICES, AND DECREE NO. 72/ 2000/ND-CP OF DECEMBER 5, 2000, ON OVERSEAS ANNOUNCEMENT AND DISSEMINATION OF WORKS

Pursuant to the Government's Decree No. 185/2007/ND-CP of December 25, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Culture, Sports and Tourism;
Pursuant to the Government's Decree No. 72/2000/ND-CP of December 5, 2000, on overseas announcement and dissemination of works;

Pursuant to the Government's Decree No. 11/2006/ND-CP of January 18, 2006, promulgating the Regulation on cultural activities and commercial provision of public cultural services,
The Ministry of Culture, Sports and Tourism guides cultural and art exhibition activities in Vietnam and overseas as follows:

I. GENERAL PROVISIONS

1. Scope of regulation

This Circular specifically guides the following contents:

a/ Organization of cultural and art exhibitions in Vietnam under Article 18; Point a, Clause 1, Article 19; Clause 2. Article 19; Article 20; and Clause 1, Article 21 of the Regulation on cultural activities and commercial provision of public cultural services, promulgated together with the Government's Decree No. 11/2006/ND-CP of January 18. 2006 (below referred to as the Regulation promulgated together with Decree No. 11/2006/ND-CP);

b/ Organization of Vietnam's cultural and an exhibitions overseas under Point i, Clause 1. Article 2; and Point c, Clause 1, Article 6, of the Government's Decree No. 72/2000/ND-CP of December 5, 2000 (below referred to as Decree No. 72/2000/ND-CP).

2. An organization or individual wishing to hold a cultural or art exhibition under Clause 2. Article 19 of Decree No. 11/2006/ND-CP (below referred to as exhibition organizer) must have the legal person status, for a Vietnamese organization: or produce an identity card or a written certification of the local authority of his/her place of residence, for a Vietnamese individual; or operate lawfully in Vietnam, for a foreign organization; or produce a valid passport and entry visa, for a foreigner.

3. The State encourages the following exhibitions:

a/ Exhibitions aiming to introduce to the domestic and international public cultural identities of Vietnam's ethnic groups and cultural values of mankind; Vietnam's advances and achievements in national construction and defense: and the world's economic, social and scientific-technological advances.

b/ Vietnam's overseas exhibitions and foreign exhibitions in Vietnam shall be held in compliance with the host country's law and respect the culture of each country in order to enhance the friendship and cooperation between Vietnam and other countries.

4. Vietnamese or foreign organizations and individuals that hold overseas exhibitions on Vietnam in the name of Vietnam must obtain approval of the Ministry of Culture. Spoils and Tourism.

II. SPECIFIC PROVISIONS

1. Interpretation of terms

a/ Plastic art works under Point i, Clause 1, Article 2 of Decree No. 72/2000/ND-CP include painting, graphic and sculptural works.

b/ Art exhibitions under Article 18 of the Regulation promulgated together with Decree No. 11/2006/ND-CP include painting, graphic, sculptural, applied art and installment art exhibitions.

c/ Exhibits and documents displayed at exhibitions under Clause 1. Article 21 of the Regulation promulgated together with Decree No. 11/2006/ND-CP include works, products, specimens, tools, documents, video discs and catalogs showing exhibition themes and contents.

2. Authorities granting exhibition permits and exhibition registration certificates

a/ The Arts, Photography and Exhibition Department under the Ministry of Culture, Sports and Tourism shall license exhibitions under Point c, Clause 1, Article 6 of Decree No. 72/2000/ND-CP and Point a. Clause 1, Article 19 of the Regulation promulgated together with Decree No. 11/2006/ND-CP (other than book and newspaper exhibitions).

b/ Provincial-level Culture. Sports and Tourism Services shall license exhibitions under Point b. Clause 1, Article 19, and grant exhibition registration certificates under Article 20, of the Regulation promulgated together with Decree No. 11/2006/ND-CP.

3. Dossiers of exhibition permit application, terms of exhibition permits

a/ A permit application dossier (under Point a. Clause 2. Article 19 of the Regulation promulgated together with Decree No. 11/2006/ND-CP) is detailed as follows:

- A permit application made according to the form in Appendix 1 to this Circular;

- For an art exhibition, a list of works, specifying the material and size of works with their photos of 9x12 cm or larger size glued on A4 papers. Below the photo of each work is the work's name, its material and size and the permit applicant's signature. A work being a video disc must ensure quality and sharp images and provide details as required for photos of works;

- For an installment art exhibition, a document or videodisc demonstrating the ideas and contents of the work, its photos taken from three angles of view (front, right and left) and a list of participants in the formation of the work (if any);

- For a foreign exhibition in Vietnam, a letter of invitation from a Vietnamese party or an agreement signed with a Vietnamese party on organization of the exhibition in Vietnam;

- The permit for an overseas exhibition by an organization or individual to be introduced in Vietnam or an exhibition combining foreign with Vietnamese contents under an agreement between a Vietnamese organization or individual with a foreign organization or individual, which must be applied by the Vietnamese organization or individual;

- The permit for an exhibition in Vietnam by a foreign organization or individual currently operating in Vietnam, which must be applied by the exhibition organizer.

b/ An exhibition permit is valid for 12 months, or 18 months, for an exhibition requiring a longer preparation time. Past this time limit, if such exhibition is not held, the permit is invalidated. The exhibition organizer shall re-apply for a permit.

3. Procedures for granting exhibition registration certificates (under Article 20 of the Regulation promulgated together with Decree No. 11/2006/ND-CP)

A Vietnamese organization or individual wishing to organize a cultural or art exhibition which does not fall into the cases specified in Clause 1 .Article 19 of the Regulation promulgated together with Decree No. 11/2006/ND-CP shall submit an exhibition registration dossier to the provincial-level Culture, Sports and Tourism Service of the locality where the exhibition is to be held.

a/ A registration dossier comprises:

- An exhibition registration form made according to Appendix 111 to this Circular;

- Invitation forms and catalogs on the exhibition in Vietnamese and foreign languages (if any);

- The exhibition plan and a list of works, exhibits and documents on display.

b/ When receiving an exhibition registration dossier, a provincial-level Culture, Sports and

Tourism Service shall issue an exhibition registration certificate (made according to the form in Appendix IV to this Circular).

c/ Seven working days after a provincial-level Culture. Sports and Tourism Service receives an exhibition registration dossier without giving any written opinions, the applicant may implement the registered contents under Article 20 of the Regulation promulgated together with Decree No. 11/2006/ND-CP. When changing the registered contents, an exhibition organizer shall register them again.

III. IMPLEMENTATION PROVISIONS

1. This Circular takes effect 45 days from the date of its signing.

2. Attached to this Circular are Appendices I thru IV. namely exhibition permit application form (Appendix I), exhibition permit form (Appendix 11), exhibition registration form (Appendix III) and exhibition registration certificate form (Appendix IV). (All these appendices are not printed herein.)

In the course of implementation, any arising problems should be promptly reported to the Ministry of Culture, Sports and Tourism for study and amendment.