THE MINISTRY OF CULTURE. SPORTS AND TOURISM ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------- |
No. 04/2009/TT-BVHTTDL | Hanoi, December 16, 2009 |
CIRCULAR
DETAILING THE REGULATION ON CULTURAL ACTIVITIES AND COMMERCIAL PROVISION OF PUBLIC CULTURAL SERVICES PROMULGATED TOGETHER WITH THE GOVERNMENT'S DECREE NO. 103/2009/ND-CP OF NOVEMBER 6, 2009
THE MINISTRY OF CULTURE. SPORTS AND TOURISM
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. 103/2009/ND-CP of November 6, 2009, promulgating the Regulation on cultural activities and commercial provision of public cultural services;
The Ministry of Culture, Sports and Tourism details a number of provisions of the Regulation on cultural activities and commercial provision of public cultural services promulgated together with the Government's Decree No. 103/2009/ND-CP of November 6, 2009.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
1. This Circular details the following contents of the Regulation on cultural activities and commercial provision of public cultural services promulgated together with Decree No. 103/2009/ND-CP:
a/ General provisions;
b/ Provisions on circulation of and dealing in music and theatrical tapes and discs;
c/ Provisions on organization of festivities;
d/ Provisions on dance hall activities;
e/ Provisions on karaoke activities;
f/ Provisions on video games:
g/ Provisions on mass art performance.
2. The following activities comply with separate detailing documents on each field promulgated by the (former) Ministry of Culture and Information and the Ministry of Culture, Sports and Tourism:
a/ Professional art performance;
b/ Beauty contests;
c/ Fashion and model shows;
d/ Culture and art exhibitions;
e/ Building of monuments and mural painting:
f/ Creation and exhibition of propaganda posters;
g/ Sculpture;
h/ Photography;
i/ Music and dancing teaching outside public training institutions:
j/ Some other cultural activities and commercial provision of other cultural services.
Article 2. Interpretation of terms
A number of terms used the Regulation on cultural activities and commercial provision of public cultural services promulgated together with Decree No. 103/2009/ND-CP (below referred to as the Regulation) are construed as follows:
1. Other cultural activities, cultural services and forms of recreation and entertainment under Point a. Clause 1. Article 2 of the Regulation
a/ Other cultural services include sound recording (music and word recording studios); image recording (with a camera); portraying, painting, picture copying; sculpture; production of votive papers; dancing and music teaching.
b/ Other forms of recreation and entertainment include folk games, mass art performance and forms of cultural recreation and entertainment.
c/ Cultural activities, cultural services and forms of entertainment and recreation other than those specified at Points a and b of this Clause.
2. Festivities under Clause 1, Article 17 of the Regulation
a/ Traditional festivities are those held in honor of people with contributions to the country and community; or in worship of gods, saints and traditional symbols, and other folk belief activities representing historical, cultural and social ethic values.
b/ Historical and revolutionary festivities are those held in honor of historical and revolutionary personalities and events.
c/ Cultural, sport and tourist festivities are those held to promote culture, sports and tourism, including cultural, sport and tourist festivals, culture, sports and tourism weeks, and culture and tourism weeks, months and years.
d/ Festivities of foreign origin organized in Vietnam are those held by Vietnamese or foreign organizations lawfully operating in Vietnam to introduce foreign cultural values to the Vietnamese public.
3. Dancing under Articles 24 and 27 of the Regulation is an art which is demonstrated through dances with combined movements of hands, legs and body in musical rhythms performed by a couple or group of men and women for recreational, emotional or aesthetic purposes.
4. Administrative state agencies under Clause 1, Article 24, and Clause 4, Article 30, of the Regulation include state management agencies, political organizations and socio-political organizations at all levels, barracks of the police and army; international organizations, and foreign embassies and consulates.
5. Schools under Clause 1, Article 24, and Clause 4, Article 30. of the Regulation include kindergartens, preschools, and primary, lower secondary and upper secondary schools in the national education system.
Article 3. Prohibitions on cultural activities and commercial provision of public cultural services
1. Cultural activities and commercial provision of public cultural services inciting violence and propagandizing criminal acts under Point b. Clause 1. Article 3 of the Regulation are those which contain images, words, sounds and acts demonstrating savage and cruel beating, torturing and murder and other acts offending human dignity and contrary to Vietnamese people's traditional love for peace and humanity not for the purposes of denouncing crimes and promoting justice, including:
a/ Blood and flesh fly, cutting of human body;
b/ Cruel stabbing, punching or beating;
c/ Awful or horrible scenes or writhing or pains of humans;
d/ Satisfaction and delight of criminals;
e/ Other criminal acts.
2. Cultural activities and public cultural services demonstrating depraved lifestyles under Point b, Clause 1, Article 3 of the Regulation are those containing sexy, obscene, debauched, immoral or incestuous images, words, sounds and acts contrary to Vietnamese people's ethic tradition and fine customs and practices, including:
a/ Describing sex organs, sexual acts between humans or between human and animals, or onanism in any form;
b/ Describing nudity or sexy sights without nudity;
c/ Describing sex desire.
3. When a cultural product or activity contains the contents specified in Clause 2 of this Article in order to clearly demonstrate characteristics of characters, such contents must be relevant to the theme of the work or specific activity.
4. Cultural activities and services with superstitious contents under Point b. Clause 1, Article 3 of the Regulation are those with contents of unnaturally bewitching others to adversely affect their consciousness, including making offerings to expel evil spirits, treating diseases through incantation, going into trances to make orders, telling fortune, resorting to sortilege, shaking divinatory wands, spreading prophesies, reciting incantation, exorcizing amulets to harm others for self-interest, burning
votive papers in public places and other forms of superstition.
Chapter II
SPECIFIC PROVISIONS
Article 4. Competence and procedures to grant circulation permits and control labels for music and theatrical tapes and discs
1. Widely circulated music and theatrical tapes and discs under Clause 1, Article 5 of the Regulation are those being circulated in 50 copies or more.
2. Organizations and individuals licensed to circulate music and theatrical tapes and discs under Point c. Clause 2. Article 5 of the Regulation shall deposit two licensed tapes or discs right after receiving permits.
3. The director of the Performing Art Department (the Ministry of Culture. Sports and Tourism) shall grant circulation permits and control labels for music and theatrical tapes and discs specified at Point a. Clause 2, and Clause 4, Article 5 of the Regulation and take responsibility before the Minister of Culture, Sports and Tourism.
4. The origin of music and theatrical tapes and discs under Point a, Clause 3, Article 5 of the Regulation must be clearly indicated as manufactured by or purchased from domestic owners or as imports.
5. Past the time limit for preservation of deposited music and theatrical tapes and discs under Point c. Clause 2, Article 5 of the Regulation, the director of the Performing Art Department and directors of provincial-level Culture, Sports and Tourism Departments shall dispose of these tapes and discs and report such to the Minister of Culture. Sports and Tourism, and chairpersons of provincial-level People's Committees respectively.