Decision No. 39/2001/QD-BVHTT dated August 23, 2001 of the Ministry of Culture and Information promulgating the regulation on organization of festivals

DECISION

PROMULGATING THE REGULATION ON ORGANIZATION OF FESTIVALS

THE MINISTER OF CULTURE AND INFORMATION

Pursuant to the November 12, 1996 Law on the Promulgation of Legal Documents;

Pursuant to the Government’s Decree No.81/CP of November 8, 1993 on the functions, tasks, powers and organizational structure of the Ministry of Culture and Information;

At the proposal of the director of Grassroots Culture and Information Department,

DECIDES:

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

Article 2.-The Regulation on organization of festivals issued together with this Decision takes effect 15 days after its signing and replaces the Regulation on festivals issued together with Decision No.636/QD-QC of May 21, 1994 of the Minister of Culture and Information.

Article 3.-The director of the Office, the chief inspector, the director of the Grassroots Culture and Information Department, the heads of the units of the Ministry of Culture and Information, the directors of the Culture and Information Services of the provinces and centrally-run cities as well as the agencies, organizations and individuals involved in the organization of festivals shall have to implement the Regulation issued together with this Decision.

REGULATION

ON ORGANIZATION OF FESTIVALS
(issued together with Decision No.39/2001/QD-BVHTT of August 23, 2001 of the Minister of Culture and Information)

Chapter I

GENERAL PROVISIONS

Article 1.-Subject to this Regulation are:

1. Folk festivals.

2. Historic and revolutionary festivals.

3. Religious festivals.

4. Festivals imported into Vietnam.

Article 2.-The organization of festivals is aimed to:

1. Memorize the meritorious deeds of national heroes and heroines, cultural figures, fallen combatants and predecessors, who had rendered contributions to building and defending the Fatherland.

2. Preserve and promote the spiritual cultural values of the community of Vietnamese nationalities.

3. Satisfy the demand for culture, beliefs, visit of historical and cultural relics, places of scenic beauty, architectural and artistic constructions as well as natural landscapes, and people’s other legitimate demands.

Article 3.-The following acts are strictly prohibited at places of festivals:

1. Taking advantage of festivals to organize activities against the State of the Socialist Republic of Vietnam, disrupting public order and security, conducting unlawful propaganda, breaking the national unity.

2. Organizing superstitious activities, restoring bad practices in contravention of the national fine traditions and customs.

3. Organizing the provision of meals, accommodation and belief-related services within places of worship.

4. Gambling in any form.

5. Burning votive objects (paper houses, vehicles, horses, domestic utensils...).

6. Other acts of law breaking.

Chapter II

MANAGEMENT AND ORGANIZATION OF FESTIVALS

Article 4.-

1. The organization of the following festivals is not subject to permit application but must be reported in writing to the competent State agencies in charge of culture and information at least 20 days before organizing the festival, on the time, places, contents, scenarios (if any) of the festivals and lists of members of the festival-organizing boards:

a/ The folk festivals that are organized regularly, consecutively and periodically;

b/ The typical historic and revolutionary festivals with significance for education of traditions.

2. The reporting in writing on the organization of festivals stipulated in Clause 1 of this Article is specified as follows:

a/ Festivals organized by the commune-level administration must be reported to the district-level Culture and Information Sections;

b/ Festivals organized by the district-level administration must be reported to the provincial/municipal Culture and Information Services;

c/ Festivals organized by the provincial-level administration must be reported to the Ministry of Culture and Information.

3. After receiving a written report mentioned in Clause 2 of this Article, the concerned culture and information agency shall have to report to the People’s Committee of the same level thereon. If due to natural calamities, epidemics or security and order conditions the organization of festivals defined in Clause 1 of this Article may exert adverse impacts on the social life of the locality, the relevant People’s Committee shall consider and decide it.

4. Festivals organized by hamlets and villages shall not be reported to the Culture and Information agency but must comply with the relevant stipulations in this Regulation.

Article 5.-

1. The organization of the following festivals must be permitted by the People’s Committees of the provinces and centrally-run cities:

a/ Festivals organized for the first time;

b/ Festivals restored for the first time after many years of interruption;

c/ Festivals organized periodically but having changes in their contents, time and places as compared to the traditional ones;

d/ Festivals imported into Vietnam, organized by foreigners or Vietnamese;

e/ Festivals other than those defined in Article 12 of this Regulation, which last for more than 3 days each;

f/ Religious festivals outside places of worship or inside such places but not yet registered for annual organization under the provisions of the Government’s Decree No.26/1999/ND-CP of April 19, 1999 on religious activities.

2. The festivals defined at Points a, b and c, Clause 1 of this Article, which are organized for the second time onward, regularly and consecutively, shall comply with the provisions of Article 4 of this Regulation.

Article 6.-

1. The dossiers of application for permits to organize festivals must be sent to the provincial/municipal Culture and Information Services at least 30 days before the festival opening. Such a dossier includes:

a/ The application for festival opening, made by the organizing body;

b/ A document stating the origin and history of the festival;

c/ The time, place, plan, program, and contents of the festival;

d/ A list of members of the festival-organizing committee;

e/ The written consent of the diplomatic agency (embassy, consulate or consulate general), for festivals imported from overseas, organized by the community of foreigners studying, working and lawfully living in Vietnam.

2. Upon the receipt of a valid dossier, the concerned provincial/municipal Culture and Information Service shall have to evaluate the dossier and submit it to the president of the provincial-level People’s Committee for the latter to issue permit within 10 days.

3. If authorized by the president of the provincial-level People’s Committee, the provincial/municipal Culture and Information Service shall issue a permit. If refusing to issue a permit, it must give a written reply thereon.

Article 7.-The People’s Committee of the locality where a festival is organized shall have to direct and exercise the State management over the organization of such festival as prescribed.

Article 8.-

1. Religious festivals organized by congregations or dignitaries must comply with the provisions of the Government’s Decree No.26/1999/ND-CP of April 19, 1999 on religious activities.

2. The rituals of religious festivals must be guided jointly by the State agency in charge of religious activities and the local culture-managing agency.

3. The religious festival-organizing committee shall be decided by the congregation after reaching agreement with the local administration.

Article 9.-The rituals of festivals must be carried out solemnly according to the tradition and under guidance of the culture and information service.

Article 10.-Within the festival area, the national flag must be flown at a solemn place, higher than the festival and religion flags.

Article 11.-Folk games, literary and artistic as well as and sport activities organized within the festival area must bear useful and healthy contents, compatible with the festival’s scope, nature and characteristics.

Article 12.-Each festival shall not last for more than 3 days, except for the Hung Temple festival (Phu Tho), Huong Pagoda festival (Ha Tay), Phu Giay festival (Nam Dinh), Ba Den Mount Spring festival (Tay Ninh) and Lady Xu Memorial festival (An Giang).

Article 13.-All festivals, when organized, must have the festival-organizing committees.

1. A festival-organizing committee shall be set up by decision of the competent local administration, except for the festivals imported from overseas and organized by foreigners according to the provisions at Point c, Clause 1, Article 5 of this Regulation. Such committee shall be composed of a representative of the local administration as its head and members being representatives of the culture and information service, police office, religious organizations, Fatherland Front, health service and branches, mass organizations or individuals related to the organization of the festival.

2. The festival-organizing committee shall take responsibility for the management and administration of the festival in strict compliance with the program already reported or submitted for permit granting, ensuring order, safety and security; organize the provision of accommodation, meals and sanitation services, thus well protecting the historical and cultural relics, places of scenic beauty and the environment, and manage the revenues and expenditures during the festival.

3. Within 20 days after the end of a festival, the festival-organizing committee shall have to report in writing on the results of the festival to the local administration in charge of festival organization and the immediate superior culture and information body.

Article 14.-The festival participants must show a civilized way of living and abide by regulations of the festival-organizing committee.

Article 15.-

1. The sale of festival-entrance tickets is banned.

2. Within the festival area, if games, plays, art performances or exhibitions are held, tickets may be sold; the ticket prices shall comply with the stipulations of the competent finance agency.

3. The provision of services within the relic premises must comply with the regulations of the festival-organizing committee.

Article 16.- The revenues from public contributions and charity activities must be managed and used in strict compliance with law provisions.

Chapter III

IMPLEMENTATION PROVISIONS

Article 17.-

1. The Grassroots Culture and Information Department under the Ministry of Culture and Information shall have to guide, monitor and inspect the implementation of this Regulation throughout the country.

2. The culture and information inspectors shall have to inspect, detect and handle violations according to their competence.

3. The Culture and Information Services of the provinces and centrally-run cities shall have to guide, monitor and inspect the implementation of this Regulation in their respective localities.

Article 18.-Organizations or individuals breaching the provisions of this Regulation shall, depending on the nature and seriousness of their violations, be administratively sanctioned or examined for penal liabilities according to law provisions.

Article 19.-This Regulation takes effect 15 days after its signing and replaces the Regulation on organization of festivals issued together with Decision No.636/QD-QC of May 21, 1994 of the Minister of Culture and Information.