Decree 01/2023/ND-CP organizational structure of the Ministry of Culture, Sports and Tourism

DECREE

Defining the functions, tasks, powers and organizational structure of the Ministry of Culture, Sports and Tourism^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the Government’s Decree No. 123/2016/ND-CP of September 1, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies (below referred to as Decree No. 123/2016/ND-CP), and the Government’s Decree No. 101/2020/ND-CP of August 28, 2020, amending and supplementing a number of articles of the Government’s Decree No. 123/2016/ND-CP of September 1, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies (below referred to as Decree No. 101/2020/ND-CP);

At the proposal of the Minister of Culture, Sports and Tourism,

The Government promulgates the Decree defining the functions, tasks, powers and organizational structure of the Ministry of Culture, Sports and Tourism.

Article 1. Position and functions

The Ministry of Culture, Sports and Tourism is a governmental agency performing the function of state management of culture, family, physical training, sports and tourism nationwide; and state management of public services in the sectors and fields under its management.

Article 2. Tasks and powers

The Ministry of Culture, Sports and Tourism shall perform the tasks and exercise the powers defined in Decree No. 123/2016/ND-CP and Decree No. 101/2020/ND-CP, and the following specific tasks and powers:

1. To submit to the Government draft laws and draft resolutions of the National Assembly, draft ordinances and draft resolutions of the Standing Committee of the National Assembly, and draft decrees of the Government under the Ministry’s approved annual lawmaking programs and plans, and resolutions, projects or schemes as assigned by the Government or Prime Minister.

2. To submit to the Government and Prime Minister strategies, master plans and long-term, medium-term and annual development plans and important national programs, projects and works in the sectors and fields under the Ministry’s management.

3. To submit to the Prime Minister drafts of decisions, directives and other documents in the sectors and fields under the Ministry’s management.

 4. To promulgate circulars, decisions, directives and other documents on the state management of the sectors and fields under the Ministry’s management.

To formulate national standards; to promulgate national technical regulations, processes, rules, and techno-economic norms in the sectors and fields under the Ministry’s management.

5. To direct, guide, examine and organize the implementation of legal documents, strategies, master plans, programs, plans, and important national projects and works that have been promulgated or approved; to conduct law dissemination and education and monitor law enforcement in the sectors and fields under the Ministry’s state management.

6. Regarding cultural heritages:

a/ To propose competent authorities to establish national museums and specialized museums under the Ministry;

b/ To submit to the Prime Minister the ranking of special national relics and adjustment of the boundaries of the protection zones of these relics; the proposal to the United Nations Education, Science and Culture Organization (UNESCO) for recognition of Vietnam’s historical-cultural relics and typical sightseeing spots as world cultural and natural heritages, and addition of Vietnam’s typical intangible cultural heritages to the UNESCO’s List of Intangible Cultural Heritages; the recognition of national treasures and grant of permission to bring national treasures abroad for the purpose of display, exhibition, research or preservation, and plans on handling of property being cultural heritages in accordance with law;

c/ To guide and organize the implementation of master plans on preservation, embellishment and restoration of relics, and master plans on archaeology after they are approved;

d/ To appraise and submit to the Prime Minister for approval planning tasks as well as master plans and adjustments to master plans on preservation, embellishment and restoration of world cultural and natural heritages, and special national relics;

dd/ To appraise planning tasks and master plans on national relics; to appraise projects on embellishment of relics, techno-economic reports on embellishment of relics being world cultural and natural heritages, special national relics or national relics; to appraise projects on renovation and construction of works located outside the protection zones of national relics and special national relics and likely to adversely affect these relics; to appraise plans on management of world cultural and natural heritages located in provinces and centrally run cities; to appraise and approve plans on management of world cultural and natural heritages located in 2 or more provinces or centrally run cities; to approve the Regulation on protection of world cultural and natural heritages located in 2 or more provinces or centrally run cities;

e/ To rank national relics and grade-I museums, and adjust the boundaries of protection zones of national relics; to recognize national intangible cultural heritages; to hand over artifacts, antiques and national treasures to public museums in accordance with law; to certify conditions for the establishment of national museums and specialized museums; to agree on the ranking of grade-II and grade-III museums in accordance with law;

g/ To grant permits for archaeological exploration and excavation; to grant permits for bringing artifacts and antiques abroad for the purpose of display, exhibition, research or preservation; to grant permits for overseas Vietnamese and foreign organizations and individuals to research and collect intangible cultural heritages in Vietnam in accordance with law;

h/ To guide procedures for registration of artifacts and antiques, and operation of antique appraisal institutions;

i/ To perform the state management of documentary heritages;

k/ To formulate mechanisms and policies on mobilization, management and use of resources for the protection and promotion of cultural heritage values;

l/ To guide and inspect the protection and promotion of cultural heritage values.

7. Regarding performing arts:

a/ To guide, organize and inspect the implementation of regulations on performing arts under the Ministry’s management;

b/ To prescribe the organization of art competitions and festivals for professionals;

c/ To approve and suspend the organization of art performances, contests and festivals of performing arts of assorted genres; to cancel the results of contests and festivals of performing arts of assorted genres under the Ministry’s competence in accordance with law;

d/ To receive the deposit of audio and video recordings of art performances for commercial purposes from organizations under central bodies in accordance with law;

dd/ To guide the collection, conservation, and introduce and promote, the values of Vietnamese national-level traditional performing arts and quintessence of performing arts in the world.

8. Regarding cinematography:

a/ To guide and organize the implementation of strategies on cinematography development after they are approved;

b/ To organize national film festivals and international film festivals in Vietnam; to approve the organization of specialized or thematic film festivals, foreign film days and weeks in Vietnam and Vietnamese film days and weeks in foreign countries;

c/ To manage the deposit and archive of domestically produced films, video documents and moving images; and the deposit of foreign films disseminated and distributed in Vietnam;

d/ To grant and revoke permits in the field of cinematography under the Ministry’s competence in accordance with law.

9. Regarding fine arts, photography and exhibition:

a/ To perform the state management of national cultural symbols in accordance with law;

b/ To guide and organize the implementation of regulations on management of activities in the fields of fine-arts, photography and exhibitions under the Ministry’s state management;

c/ To manage the organization of national or regional fine-art contests; to receive notices on photographic composition campaigns, composition camps, contests and festivals in Vietnam organized by ministries, departments, sectors, central mass organizations and foreign organizations; to receive notices of photographic works’ participation in overseas contests and festivals in the name of Vietnamese representative;

d/ To guide the organization of, and directly organize, the display and exhibition of fine-art and photographic works;

dd/ To guide the appraisal of fine-art and photographic works.

e/ To grant and revoke permits in the fields of fine arts, photography and exhibition falling under the Ministry’s competence in accordance with law.

10. Regarding copyright and related rights:

a/ To formulate, promulgate, and direct, guide and organize the implementation of, regulations, mechanisms and policies on protection of copyright and related rights;

b/ To implement measures to protect the lawful rights and interests of the State, organizations and individuals in the field of copyright and related rights;

c/ To guide the supply, cooperation, placement of orders for, and assurance of copyright of works and related rights of performances, audio and video recordings and broadcasts;

d/ To manage and exploit copyright of works, related rights of performances, audio and video recordings and broadcasts owned or managed by the State in accordance with law;

 dd/ To manage the grant, re-grant, renewal and invalidation of certificates of registration of copyright and certificates of related rights;

e/ To manage the expertise of copyright and related rights; operation of collective representative organizations of copyright and related rights, and copyright and related rights consultancy and service organizations in accordance with law;

g/ To approve the translation of works from foreign languages into Vietnamese and the duplication of works for non-commercial teaching and research purposes in accordance with the Annexes to the Berne Convention for the Protection of Literary and Artistic Works.

11. Regarding library:

a/ To direct the implementation of inter-library loan operations; to direct and guide the organization of library operations and development of reading culture; to guide the evaluation of library operations according to national standards and law;

b/ To guide conditions for the establishment and operation of libraries in accordance with law; to receive and respond to dossiers of notification of the establishment, merger, consolidation, division, separation, dissolution or termination of operation of central-level specialized libraries and provincial-level public libraries; to reply to inquiries for identification of public libraries of significant role that are prioritized by the State for investment in accordance with law;

c/ To formulate mechanisms and policies on mobilization, management and use of resources for development of libraries and reading culture in accordance with law.

12. Regarding advertising:

a/ To perform the state management of advertising in accordance with law;

b/ To guide the formulation of local master plans on outdoor advertisements;

c/ To appraise advertising products in accordance with law.

13. Regarding grassroots culture and public communication and advocacy:

a/ To guide and organize the implementation of regulations on founding days, traditional days, ceremonies organized in response to special events, anniversaries, funerals and other ceremonies under the Ministry’s state management or as assigned by the Government;

b/ To guide and organize the implementation of the approved overall master plan on development of grassroots cultural and sports institutions in accordance with law;

c/ To direct, guide and organize the implementation of public communication and advocacy (except radio broadcasting; activities using public-addressing systems, public bulletin boards) about the Party’s guidelines and line and the State’s policies and laws via cultural and artistic activities, visual advocacy and mobile communication in accordance with law;

d/ To guide the use of the National Flag, National Emblem, National Anthem, and President Ho Chi Minh’s portrait picture in accordance with law;

dd/ To provide for the organization of amateur art festivals, contests and performances, mobile communication (except radio broadcasting and activities using public-addressing systems) and cultural activities; to manage cultural activities, cultural service business and entertainment and recreation activities at public places;

e/ To perform the state management of festivities; to guide the practice of civilized lifestyle in wedding and funeral ceremonies and lifestyle building; to organize the movement “All the people unite in building cultured life”; to implement measures to prevent superstition, backward customs and debauched cultural products that contravene fine customs and practices and cause harms to human wellbeing and the ecological environment;

g/ To monitor and inspect the organization of explosive fireworks events in localities; to summarize the situation, report and propose the Prime Minister to direct ministries, sectors and localities in organizing explosive fireworks events in accordance with law; to assume the prime responsibility for, and coordinate with the Ministry of National Defense, Ministry of Public Security and provincial-level People’s Committees in, organizing international fireworks competitions in Vietnam after obtaining permission from the Prime Minister; to report and propose the Prime Minister to consider and decide to change the shooting range and length of explosive fireworks events on a case-by-case basis in accordance with law.

14. To perform the state management of formulation and implementation of village codes and conventions in accordance with law.

15. Regarding ethnic minorities’ culture:

a/ To formulate, and guide and organize the implementation of, policies, programs, schemes and projects on conservation and promotion of cultural values of Vietnam’s ethnic minorities;

b/ To guide and organize the implementation of cultural, sports and tourism festivals of ethnic minority groups in each region and on the national scale; to guide cultural and artistic activities in service of deep-lying, remote and border areas, islands and ethnic minority areas; to conduct public communication about and promotion of the traditional cultures of Vietnam’s ethnic minorities.

16. Regarding literature:

a/ To formulate, and guide and organize the implementation of, mechanisms and policies on literary activities;

b/ To guide the organization and inspection of literary activities;

c/ To organize literary composition camps;

d/ To guide and organize the implementation of national-level literary competitions.

17. Regarding family work:

a/ To guide and organize the implementation of the Strategy on Vietnamese family development;

b/ To guide the implementation of regulations on family work and prevention and control of domestic violence;

c/ To conduct public communication and education about morality, lifestyle and code of conduct in family and Vietnamese family values in the new period;

d/ To formulate and develop the system of Vietnamese family values in the new period; to formulate criteria for cultured families;

dd/ To establish a database on family and prevention and control of domestic violence; to build, and guide the expansion of, the model of happy and sustainable family;

e/ To guide and organize the celebration of Vietnamese family days in accordance with law.

18. Regarding physical training and sports for all:

a/ To submit to the Prime Minister for decision the organization of regional, continental and world Sports Games for persons with disabilities in Vietnam;

b/ To guide and organize the implementation of strategies and national programs on development of physical training and sports after they are approved;

c/ To provide criteria for evaluating physical training and mass sports movements;

d/ To organize and guide the building of a contingent of physical training and mass sports instructors and collaborators; to provide public communication about and guide methods of physical training and sports; to provide professional training for grassroots physical training and sports collaborators;

dd/ To survey the people’s physical strength; to guide, apply and develop national sports and traditional physical training methods at home and abroad;

e/ To decide to organize regional, continental and world sports games held in Vietnam for people with disabilities; and national mass sports competitions;

g/ To coordinate with the Ministry of Education and Training, Ministry of National Defense and Ministry of Public Security in guiding and organizing the implementation of physical education and sports at schools and physical training and sports in the people’s armed forces;

h/ To guide the registration of physical training and mass sport clubs and facilities and fan clubs.

19. Regarding high-performance sports and professional sports:

a/ To propose the Prime Minister to decide on the organization of regional, continental and world Sports Games in Vietnam and National Sports Games;

b/ To guide and organize the implementation of strategies on high-performance sports and professional sports development after they are approved;

c/ To guide and organize the implementation of regimes and policies applicable to athletes, sports coaches and sports referees;

d/ To decide on the organization of regional, continental and world championship tournaments and youth championship tournaments for each sport in Vietnam; to organize annual national championship tournaments and national youth championship tournaments for each sport at the proposals of national sports federations; to provide for the management of international sport activities organized in Vietnam; to approve the Charter of the National Sports Games;

dd/ To promulgate criteria and guide the ranking of athletes, sports coaches and sports referees; to recognize the ranking of Vietnamese athletes, sports coaches and sports referees by international sports organizations in accordance with law;

e/ To provide the management of the transfer of athletes, recruitment of athletes into national sports teams; to provide the order and procedures for forming national sports delegations and national sports teams;

g/ To guide the formulation of training and coaching programs for athletes, sports coaches and sports referees; to provide sports training programs for specialists of sports enterprises;

h/ To guide the operation registration of professional sports institutions.

20. Regarding tourism resources and tourism system planning:

a/ To guide and conduct survey, assessment and classification of tourism resources; to build a database of tourism resources;

b/ To guide and organize the implementation of the tourism system master plan.

21. Regarding tourist zones and attractions:

a/ To decide on recognition of national tourist zones; to submit to the Prime Minister for recognition national tourist zones located in 2 or more provincial-level administrative units;

b/ To guide and inspect the recognition of tourist attractions and zones;

c/ To guide the management of national tourist zones;

d/ To coordinate and connect inter-national, inter-regional, and inter-provincial tourism activities. 

22. Regarding tourism business, tour guiding and tourism promotion

a/ To manage and organize the grant and revocation of licenses, tour guide cards and other certificates for tourist activities;

b/ To guide the implementation of regulations on travel business, tour guides, tourist accommodations, and other tourist services;

c/ To guide the conditions, procedures and dossiers for grant, renewal, re-grant and revocation of travel business licenses;

d/ To guide the criteria, order, procedures and dossiers of registration for recognition of ranking of tourist accommodation establishments, and revocation of decisions on recognition of ranking of tourist accommodation establishments;

dd/ To organize the appraisal and recognition of ranking of tourist accommodation establishments and inspect the quality of tourist accommodation establishments in accordance with law;

e/ To guide the criteria for recognition as tourist service establishments qualified for provision of services for tourists, signboard form for used by, and dossiers, order and procedures for recognition of tourist service establishments qualified for provision of services for tourists;

g/ To provide for persons in charge of travel business; contents of training and further training of, and organization of examinations and grant of certificates of training in, tour operation; contents of training and further training of, and organization of examinations and grant of certificates of training in, tour guiding; contents of examinations on on-site tour guiding; and language proficiency standards;

h/ To formulate, and organize the implementation of, strategies, plans and programs on national tourism promotion at home and abroad; to coordinate inter-regional and inter-local tourism promotion activities;

i/ To appraise dossiers of application for establishment of Vietnam-based representative offices of foreign tourist agencies, and international or regional tourist organizations;

k/ To build a database of tourism management.

23. Regarding international cooperation:

a/ To submit to competent authorities the conclusion, approval and ratification of, and accession to, treaties on culture, family, physical training, sports and tourism; to join international organizations as assigned by the Government;

b/ To conduct negotiations on treaties as authorized by competent state agencies; to organize the implementation of treaties under the Prime Minister’s direction; to conclude and implement international agreements in the name of the Ministry in accordance with law;

c/ To conclude, and organize and inspect the implementation of, programs and projects with international funding sources; to decide on, or grant permits for, the organization of international conferences and workshops on culture, family, physical training, sports and tourism under the Ministry’s competence in accordance with law;

d/ To submit to competent authorities the establishment of overseas Vietnam Culture Centers and licensing of the establishment of foreign culture establishments in Vietnam;

dd/ To manage the operations of overseas Vietnam Culture Centers and foreign culture establishments in Vietnam in accordance with law;

e/ To organize national or international events, trade fairs, workshops, exhibitions and foreign-relation programs on culture, family, sports and tourism, which are aimed to introduce and promote the image of the Vietnamese country, people, and culture and arts.

24. Regarding human resource training, further training and development:

a/ To guide, inspect and assess under the Ministry’s competence the implementation of regulations on human resource training, further training and development for culture, family, physical training, sports and tourism;

b/ To formulate and promulgate under the Ministry’s competence, or submit to competent authorities for promulgation, legal documents, strategies, master plans, schemes and plans on human resource training, further training and development for culture, family, physical training, sports and tourism, and special mechanisms and policies in training, further training, employment and preferential treatment of art and sport talents, special allowances for lecturers, teachers, coaches, pupils and students at culture and arts, physical training, sports or tourism training institutions, and guide, inspect and organize the implementation of such regulations.

25. To guide the implementation of strategies on development of cultural industries after they are approved; to organize the implementation of strategies and schemes on development of cultural industries in the sectors under the Ministry’s state management in accordance with law.

26. To perform the state management of public services in the fields of culture, family, physical training, sports and tourism in accordance with law.

27. To perform tasks and exercise powers toward associations and non-governmental organizations operating in the sectors and fields under the Ministry’s state management in accordance with law.

28. To grant export or import permits for goods under the Ministry’s state management in accordance with law.

 29. To decide on the approval, and organize the implementation of investment projects in the fields of culture, family, physical training, sports and tourism under the Ministry’s competence in accordance with law.

30. To direct and organize scientific researches, application of scientific and technological advances, digital transformation, and environmental protection and climate change response in the fields of culture, family, physical training, sports and tourism in accordance with law.

31. To exercise the rights and perform the responsibilities of the representative of the owner of state capital invested in state enterprises, state-owned enterprises and off-budget financial funds managed by the Ministry in accordance with law.

32. To perform the task of managing conditional business lines, trades and services in the fields of culture, family, physical training, sports and tourism under the Ministry’s competence in accordance with law.

33. To perform inspections and examinations; to receive citizens; to settle complaints and denunciations; to prevent and control corruption and negative practices; to practice thrift and combat waste, and handle violations in accordance with law.

34. To decide on, and direct the implementation of, the Ministry’s administrative reform program in line with the objectives and contents of the state administrative reform program approved by the Government or Prime Minister; to propose or decide under the Ministry’s competence on the decentralization of the state management in the sectors and fields under the Ministry’s state management.

35. To direct and guide emulation and commendation work in culture, family, physical training, sports and tourism activities.

36. To manage the Ministry’s organizational structure, working positions, rank-based structure of civil servants, occupational title-based structure of public employees, payroll of civil servants and the number of employees working in the Ministry’s public non-business units in accordance with law; to manage the Ministry’s cadres, civil servants, public employees and workers; to implement the salary regime and regimes and policies on preferential treatment, commendation and disciplining toward cadres, civil servants, public employees and workers under the Ministry’s management in accordance with law.

37. To manage the Ministry’s allocated finances and assets, and organize the implementation of allocated budgets in accordance with law.

38. To perform other tasks assigned by the Government or Prime Minister, or as provided by law.

Article 3. Organizational structure

1. The Organization and Personnel Department.

2. The Planning and Finance Department.

3. The Legal Affairs Department.

4. The Training Department.

5. The Science, Technology and Environment Department.

6. The Library Department.

7. The Ethnic Minority Culture Department.

8. The Family Department.

9. The Office.

10. The Inspectorate.

11. The Cultural Heritage Department.

12. The Performing Arts Department.

13. The Cinematography Department.

14. The Copyright Office of Vietnam.

15. The Grassroots Culture Department.

16. The International Cooperation Department.

17. The Fine Arts, Photography and Exhibition Department.

18. The Physical Training and Sports Department.

19. The Vietnam National Administration of Tourism.

20. The Management Board of the Vietnam National Village for Ethnic Culture and Tourism.

21. The Vietnam National Institute of Culture and Arts Studies.

22. “Van Hoa” (Culture) newspaper.

23. “Van Hoa Nghe Thuat” (Culture and Arts) magazine.

24. The Information Technology Center.

25. The Culture, Sports and Tourism Managers’ School.

The organizations specified in Clauses 1 thru 20 of this Article are administrative units assisting the Minister in performing the state management functions; and the organizations specified in Clauses 21 thru 25 are non-business units serving the Ministry’s state management functions.

The Vietnam National Administration of Tourism and Physical Training and Sports Department have seals bearing the National Emblem.

The Minister of Culture, Sports and Tourism shall submit to the Prime Minister for promulgation a decision defining the functions, tasks, powers and organizational structure of the Management Board of the Vietnam National Village for Ethnic Culture and Tourism and a decision on a list of other non-business units attached to the Ministry.

The Minister of Culture, Sports and Tourism shall define the functions, tasks, powers and organizational structures of agencies and units attached to the Ministry, except the unit referred to in Clause 20 of this Article.

The Planning and Finance Department has 4 divisions; the Organization and Personnel Department, 4 divisions.

Article 4. Transitional provisions

1. The Emulation and Commendation Department shall continue performing its functions, tasks and powers according to current regulations until the Minister of Culture, Sports and Tourism defines the functions, tasks, powers and organizational structure of the Organization and Personnel Department.

2. The Vietnam National Administration of Tourism and General Department of Physical Training and Sports shall continue performing their functions, tasks and powers according to current regulations until the Minister of Culture, Sports and Tourism issues new decisions defining the functions, tasks, powers and organizational structures of the Vietnam National Administration of Tourism and Physical Training and Sports Department.

3. Public non-business units under the Vietnam National Administration of Tourism and General Department of Physical Training and Sports shall continue performing their functions, tasks and powers according to current regulations until they are re-arranged and re-organized under new regulations of the Minister of Culture, Sports and Tourism.

Article 5. Effect

1. This Decree takes effect on February 20, 2023.

2. This Decree replaces the Government’s Decree No. 79/2017/ND-CP of July17, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Culture, Sports and Tourism.

Article 6. Implementation responsibility

The Minister of Culture, Sports and Tourism, ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decree.-

On behalf of the Government
Prime Minister
PHAM MINH CHINH