Decree No. 103/2009/ND-CP dated November 06, 2009 of the Government promulgating the regulation on cultural activities and commercial provision of public cultural services

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ATTRIBUTE

Decree No. 103/2009/ND-CP dated November 06, 2009 of the Government promulgating the regulation on cultural activities and commercial provision of public cultural services
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Official number:103/2009/ND-CPSigner:Nguyen Tan Dung
Type:DecreeExpiry date:Updating
Issuing date:06/11/2009Effect status:
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Fields:Administration , Commerce - Advertising , Culture - Sports - Tourism
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THE GOVERNMENT
-------
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 103/2009/ND-CP
Hanoi, November 06, 2009
 
DECREE
PROMULGATING THE REGULATION ON CULTURAL ACTIVITIES AND COMMERCIAL PROVISION OF PUBLIC CULTURAL SERVICES
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the Government;
At the proposal the Minister of Culture. Sports and Tourism,
DECREES:
Article 1. To promulgate together with this Decree the Regulation on cultural activities and commercial provision of public cultural services.
Article 2. Effect
This Decree takes effect on January 1, 2010, and replaces 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.
Article 3. Grant of business registration certificates and permits for dance halls and karaoke parlors
Provinces and centrally run cities which have approved master plans on dance halls and karaoke parlors under 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, and the Prime Minister's Directive No. 17/2005/CT-TTg of May 25.2005, redressing negative practices in bars, karaoke parlors and dance halls, may continue granting business registration certificates and business permits in accordance with approved master plans.
Article 4. Implementation responsibilities
The Minister of Culture, Sports and Tourism shall guide the implementation of this Decree.
Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of People's Committees of provinces and centrally run cities shall implement this Decree.
 

 
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Nguyen Tan Dung
 
REGULATION
ON CULTURAL ACTIVITIES AND COMMERCIAL PROVISION OF PUBLIC CULTURAL SERVICES
(Promulgated together with the Government's Decree No. 10.V2009/ND-CP of November 6, 2009)
Chapter I
GENERAL PROVISIONS
Article 1. Purposes of cultural activities and commercial provision of public cultural services; responsibilities of heads of agencies and organizations for their cultural activities
1. Cultural activities and commercial provision of public cultural services must aim to build an advanced culture imbued with national identity: educate the public in healthy lifestyles and cultured behaviors; inherit and promote the tradition of humanism, mutual affection, and fine customs and habits; raise the aesthetic knowledge and level and enrich the spiritual life of the people; prevent the invasion of and do away with cultural products with harmful contents; and contribute to promoting national socio-economic development.
2. Heads of state agencies, people's armed units, economic organizations, political organi­zations, socio-political organizations, socio­political-professional organizations, social organi­zations and socio-professional organizations shall take responsibility before law for cultural activities and cultural services under their management.
Article 2. Scope of regulation and subjects of application
1. Scope of regulation:
a/ This Regulation regulates cultural activities and commercial provision of public cultural services (below referred to as the Regulation), including circulation of and dealing in music and theatrical tapes and discs: art performances, fashion shows: cultural and art exhibitions; organization ot festivities; writing and placement of signboards: dance hall and karaoke activities, electronic games; and other cultural activities and cultural services and other forms of recreation and entertainment;
b/ Places where cultural activities or public cultural services prescribed by this Regulation are organized include theaters, cultural houses, exhibition centers, cultural centers, clubs, hotels, guest houses, lodging houses, restaurants, bars, shops, department stores, stadiums, gymnasiums, public squares, means of mass transit and other means and places where cultural activities and cultural services specified at Point a of this Clause are organized.
2. Subjects of application:
This Regulation applies to Vietnamese and foreign organizations and individuals currently operating in Vietnam. When a treaty to which Vietnam is a contracting party provides otherwise, such treaty prevails.
Article 3. Prohibitions on cultural activities and commercial provision of public cultural services
The following activities are prohibited:
1. Cultural activities and commercial provision of cultural services with the following contents:
a/ Inciting the people to oppose the State of the Socialist Republic of Vietnam: undermining the unity block of the entire people;
b/ Inciting violence, propagandizing wars of aggression, sowing hatred between nations and peoples; disseminating reactionary ideas and cultures, depraved lifestyles, criminal acts, social evils, superstitions, acts against fine customs and habits, harming the health and deteriorating the eco-environment.
c/ Disclosing Party and State secrets, military, security, economic and foreign relation secrets, personal privacy and other secrets under law;
d/ Distorting history, negating revolutionary achievements, offending personalities, offending the nation, slandering and hurting the honor and reputation of organizations, and honor and dignity of individuals.
2. Circulating, disseminating and trading in illegally produced or imported cultural products, cultural products subject to circulation suspension, circulation ban, withdrawal, confiscation or destruction decisions; commercially providing cultural services without business registration certificates or business permits required by law.
3. Organizing cultural activities and commercially providing cultural services in violation of regulations on civilized lifestyles, security, order and fire and explosion prevention and fighting.
Chapter II
CIRCULATION OF AND DEALING IN MUSIC AND THEATRICAL TAPES AND DISCS
Article 4. Types of music and theatrical tapes and discs governed by the Regulation
1. Music and theatrical tapes and discs provided by this Regulation include cassette tapes, videotapes. CDs, VCDs. DVDs, CD-ROMs, computer discs. IC chips. USB and other means, devices and materials recorded with music and theatrical performances, fashion shows, beauty contests and sports, below referred to as music and theatrical tapes and discs.
2. Music and theatrical tapes and discs of publishing houses are not governed by this Regulation.
Article 5. Competence and procedures to grant circulation permits and control labels for music and theatrical tapes and discs
1. Locally produced or imported music and theatrical tapes and discs shall be previewed and granted permits by competent state agencies specified in Clause 2 of this Article before their wide circulation. Music and theatrical tapes and discs permitted for wide circulation shall be stuck with control labels under Clause 4 of this Article.
2. Competence to grant circulation permits for music and theatrical tapes and discs:
a/ The Ministry of Culture. Sports and Tourism shall grant circulation permits for tapes and discs produced or imported by central organizations:
b/ Provincial-level Culture. Sports and Tourism Departments shall grant circulation permits for tapes and discs produced or imported by local organizations and individuals.
c/ Organizations and individuals obtaining circulation permits for music and theatrical tapes and discs shall deposit two tapes or discs at the licensing agency. Licensing agencies shall receive and store deposited tapes and discs for two years. Past this time limit, they shall dispose of these tapes and discs under the Minister of Culture, Sports and Tourism's regulations.
3. Procedures of application for circulation permits for music and theatrical tapes and discs:
Applicants for permits shall send dossiers to competent state agencies specified in Clause 2 of this Article.
a/ A dossier comprises:
- An application for a circulation permit for a music or theatrical tape or disc, stating the content (theme) of the tape or disc, titles and origin of the works, names of authors;
- Papers proving the product ownership;
- Product applied for the permit, enclosed with the music sheet or script.
b/ Within 7 working days after receiving a complete and valid dossier, a competent agency shall grant a permit. In case of refusal, it shall issue a written reply clearly stating the reason.
4. Procedures of application for control labels of music and theatrical tapes and discs:
Applicants for control labels shall submit dossiers to the Ministry of Culture. Sports and Tourism.
a/ A dossier comprises:
- An application for control labels, stating the title of the music or theatrical tape or disc, number of the circulation permission decision and quantity of control labels;
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