Decision No. 37/2006/QD-BVHTT dated March 24, 2006 of the Ministry of Culture and Information promulgating the Regulation on organization of beauty contests

DECISION

PROMULGATING THE REGULATION ON ORGANIZATION OF BEAUTY CONTESTS

THE MINISTER OF CULTURE AND INFORMATION

Pursuant to the Government's Decree No. 63/2003/ND-CP of June 11, 2003, on the functions, tasks, powers and organizational structure of the Ministry of Culture and Information;

At the proposal of the director of the Performing Arts Department and the director of the Legal Department,

DECIDES:

Article 1.- To issue together with this Decision the Regulation on organization of beauty contests.

Article 2.- This Decision takes effect 15 days after its publication in "CONG BAO" and replaces the Culture and Information Minister's Decision No. 31/2000/QD-BVHTT of November 28, 2000, promulgating the Regulation on beauty contests.

Article 3.- The director of the Ministry Office, the director of the Performing Arts Department, heads of concerned departments under the Ministry of Culture and Information, directors of provincial/municipal Culture and Information Services, and concerned organizations and individuals shall have to implement this Decision.

REGULATION

ON ORGANIZATION OF BEAUTY CONTESTS
(Issued together with the Culture and Information Minister's Decision No. 37/2006/QD-BVHTT of March 24, 2006)

Chapter I

GENERAL PROVISIONS

Article 1.- Scope and subjects of application 1. Governing scope:

1.1. Organization of domestic beauty contests, including national beauty contests; regional beauty contests, beauty contests of ministries, branches and central associations; provincial beauty contests;

1.2. Organization of international beauty contests in Vietnam;

1.3 Sending contestants to international beauty contests;

1.4. Beauty pageants organized in festivals, miss photo contests or contests within other socio-cultural events are not governed by this Regulation.

2. Subjects of application:

2.1. Vietnamese units which organize domestic beauty contests;

2.2. Vietnamese units which collaborate with foreign partners in organizing international beauty contests in Vietnam;

2.3. Vietnamese units that send winners of domestic beauty contests to take part in international beauty contests;

2.4. Contestants of domestic and international beauty contests.

Article 2.- Definition and beauty contests organized in a year

1. Definition

Beauty contests constitute a cultural activity aiming to select and confer the titles of the beauty queen, runner-up and other titles according to rules set by the organizing boards of the contests on female citizens who have good virtues, good cultural and social knowledge, a symmetrical physique and a beautiful face typical of Vietnamese women.

2. Beauty contests in a year:

Based on the practical conditions, requirements and capacity of localities and units applying to hold beauty contests, competent agencies shall permit the holding of each beauty contest defined at Point 1.1, Clause 1, Article 1 of this Regulation no more than once a year.

Article 3.- Prohibited acts

1. Beauty contests must not be held at such venues as general education schools, historical relics, belief and religious places and other places without permission of competent agencies.

2. Contestants of beauty contests must not take acts or say words which are harmful to the country's image, reputation and honor or badly affect international relations.

3. Contestants who have not yet won any domestic beauty contests must not go abroad to take part in international beauty contests.

Chapter II

CONDITIONS AND PROCEDURES FOR ORGANIZING BEAUTY CONTESTS

Article 4.- Conditions for organizing units, contestants and contest venues

1. Units organizing beauty contests:

1.1. Having the legal person status;

1.2. Having the function of organizing cultural and art activities;

1.3. Having obtained competent agencies' decisions permitting the organization of beauty contests.

2. Contestants of beauty contests:

2.1. Being Vietnamese female citizens aged full 18 years or older;

2.2. Having finished upper secondary or higher education;

2.3. Having not undergone cosmetic or sex change surgery;

2.4. Having no criminal records; not being examined for penal liability.

3. Venues of beauty contests:

3.1. Having adequate audio and lighting equipment and other necessary facilities in service of the contests;

3.2. Ensuring security and order.

Article 5.- A dossier of application for holding of a beauty contest

1. The written request, clearly stating the name, scope, objectives and significance of the contest; time and venue of the contest; and commitments to abide by the provisions of this Regulation.

2. The written agreement on the organization of the beauty contest, made by the People's Committee of the province or centrally-run city where the contest is held.

3. The contest plan, covering the following contents:

3.1. Rules of the contest, clearly stating conditions, criteria, contents and procedures of the contest;

3.2. Funds for the contest: Self-funded or sponsored expenses for prizes;

3.3. The list of members of the steering board and organizing board (with their current professional titles and positions);

3.4. The list of the judging panel members who are experts of anthropometry, aesthetics, performing arts, cinematography, photography and sociology (depending on the scope and characteristics of each contest, the organizing board may invite other members);

3.5 The working regulations of the organizing board and the judging panel;

3.6. Papers proving the legal person status of the organizing unit.

Article 6.- Conditions and dossiers of application for sending contestants to international beauty contests

1. Conditions for contestants:

1.1. Having been crowned in domestic beauty contests;

1.2. Having received invitations from organizing boards;

1.3. Having good command of English;

1.4. Being represented and sent by a Vietnamese unit meeting all conditions prescribed in Clause 2 of this Article, which shall be responsible for carrying out relevant procedures.

2. Conditions for units sending contestants to take part in international contests:

2.1. Meeting all conditions defined at Points 1.1 and 1.2, Clause 2, Article 4 of this Regulation;

2.2. Having obtained the written agreement of competent agencies defined at Point 2, Article 11 and Clause 2, Article 13 of this Regulation.

3. A dossier of application comprises:

3.1. The written request of the Vietnamese unit which wishes to send a contestant to the contest, clearly stating the name, objectives and significance of the contest; time and venue of the contest; the contestant's full name, date of birth, title and English skill; commitments to strictly abide by this Regulation, rules of the organizing board and laws of the host country;

3.2. The invitation of the organizing board, and the rules of the contest;

3.3. The application of the contestant.

Article 7.- Conditions and dossiers of application for holding of international beauty contests in Vietnam

1. Conditions:

Foreign organizations wishing to hold international beauty contests in Vietnam must do so through a Vietnamese unit and satisfy all the conditions specified at Points 1.1 and 1.2, Clause 1, Article 4 of this Regulation.

2. Dossiers:

Vietnamese units shall submit dossiers of application for holding of an international beauty contest in Vietnam, each comprising:

2.1. Documents defined in Article 5 of this Regulation;

2.2. The contract or written agreement with the foreign partner;

2.3. Documents proving the legal person status of the foreign partner.

Chapter III

INTERESTS AND OBLIGATIONS OF ORGANIZING UNITS AND WINNERS OF BEAUTY CONTESTS

Article 8.- Interests and obligations of organizing units

1. Interests:

1.1. To publicize and advertise the contests;

1.2. To mobilize lawful financial sources for the contests;

1.3. To earn lawful proceeds from activities within the contests;

1.4. To organize art shows suitable to the contests;

1.5. To send winners of the contests to take part in overseas international beauty contests.

2. Obligations:

2.1. To strictly abide by the provisions of this Regulation and relevant legal documents;

2.2 When sending contestants to international beauty contests, to create conditions for contestants to abide by the rules of the organizing boards and laws of the host countries.

Article 9.- Interests and obligations of winners

1. Interests:

1.1. To receive titles, prizes and other benefits as prescribed by the organizing boards;

1.2. To take part in international beauty contests.

2. Obligations:

2.1. To abide by the provisions of this Regulation, realize their commitments towards the organizing board, and observe relevant legal provisions;

2.2. When taking part in overseas international beauty contests, to abide by the rules of the organizing boards of such contests and laws of the host countries.

Chapter IV

DECENTRALIZATION OF MANAGEMENT

Article 10.- Responsibilities and powers of the Ministry of Culture and Information

The Ministry of Culture and Information is the agency performing the state management of organization of beauty contests nationwide. The Minister of Culture and Information shall permit:

1. The organization of national beauty contests.

2. The organization of international beauty contests in Vietnam.

Article 11.- Responsibilities and powers of the Performing Arts Department

The Performing Arts Department shall assist the Minister of Culture and Information in performing the state management of organization of beauty contests nationwide and have the following responsibilities and powers:

1. To permit the organization of regional beauty contests and beauty contests of ministries, branches and central associations.

2. To permit units to send winners of national beauty contests, regional beauty contests and beauty contests of ministries, branches and central association abroad to participate in international beauty contests.

3. To coordinate with the Culture and Information Ministry's Inspectorate in examining and inspecting the observance of this Regulation nationwide.

Article 12.- Responsibilities and powers of provincial-level People's Committees

Presidents of provincial/municipal People's Committees shall be competent to consider and permit the organization of, and manage, beauty contests in their localities.

Article 13.- Responsibilities and powers of provincial/municipal Culture and Information Services

Provincial/municipal Culture and Information Services shall assist their provincial-level People's Committees in performing the management of the organization of beauty contests in their localities and have the following responsibilities and powers:

1. To receive dossiers and propose presidents of provincial-level People's Committees to permit the organization of provincial-level beauty contests.

2. To permit units to send winners of local beauty contests to take part in international beauty contests.

3. To examine and inspect the observance of this Regulation nationwide and coordinate with the Culture and Information Ministry's Inspectorate when so requested.

Article 14.- Time limits for receipt and settlement of dossiers

1. Time limit for receipt of dossiers:

1.1. For national beauty contests: Organizing units shall submit dossiers to the Performing Arts Department before October 30 every year to apply for the
organization of beauty contests in the subsequent year;

1.2. For regional beauty contests and beauty contests of ministries, branches and central associations: The time limits for submission of dossiers shall be based on the plans of units applying for holding of such beauty contests;

1.3. For provincial-level beauty contests, the time limit for submission of dossiers shall be decided by provincial/municipal Culture and Information Services.

2. Time limit for settlement of dossiers:

2.1. For national beauty contests: Competent agencies shall consider and settle dossiers within 20 working days as from the deadline for submission of dossiers;

2.2. For regional beauty contests, beauty contests of ministries, branches and central associations and provincial-level beauty contests: Competent agencies shall consider and settle dossiers within 15 working days after receiving complete and valid dossiers;

2.3. For international beauty contests in Vietnam: Competent agencies shall consider and settle dossiers within 45 days after receiving complete and valid dossiers;

2.4. For sending contestants to international beauty contests: Competent agencies shall consider and settle dossiers within 7 working days after receiving complete and valid dossiers.

Chapter V

INSPECTION, EXAMINATION AND HANDLING OF VIOLATIONS

Article 15.- Responsibilities and powers of the Inspectorates

1. The Culture and Information Ministry's Inspectorate shall coordinate with the Performing Arts Department in inspecting and examining the observance of this Regulation and in handling violations according to its competence nationwide.

2. Provincial/municipal Culture and Information Services' Inspectorates shall examine and inspect the observance of this Regulation and handle violations according to their competence within their localities.

Article 16.- Handling of violations

1. For organizing units and contestants:

1.1. Organizing units which commit acts of violating legal provisions on finance, infringing upon the virtues and dignity of contestants or committing other violations shall, depending on the nature and seriousness of their violations, make compensation therefor, be administratively sanctioned or examined for penal liability according to the current provisions of law.

1.2. Winners of beauty contests, if committing acts of violating legal provisions, infringing upon ethical rules and causing bad social impacts, shall have their titles withdrawn by the organizing boards of the contests.

2. State agencies with permitting, inspecting and examining competence must properly perform their functions and powers. Organizations and individuals that abuse positions and powers in permission, inspection and examination work, issue wrong sanctioning decisions and cause material or spiritual damage to beauty contest-organizing units or contestants shall, depending on the nature and seriousness of their violations, be handled according the current provisions of law.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 17.- Effect of the Regulation

This Regulation takes effect 15 days after its publication in "CONG BAO" and replaces the Regulation on beauty contests issued together with the Culture and Information Minister's Decision No. 31/2000/QD-BVHTT of November 28, 2000.

Article 18.- Organization of implementation

The director of the Performing Arts Department, the Chief Inspector of the Culture and Information Ministry, directors of provincial/municipal Culture and Information Services, and concerned organizations and individuals shall have to organize the implementation of this Regulation.