Decree No. 144/2020/ND-CP on performance arts

DECREE

Providing performing art activities^[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;

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

The Government promulgates the Decree providing performing art activities.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Decree provides performing art activities in Vietnam’s territory and foreign countries.

2. This Decree applies to:

a/ Vietnamese organizations and individuals conducting performing art activities in Vietnam’s territory and foreign countries;

b/ Foreign organizations and individuals engaged in performing art activities in Vietnam’s territory;

c/ Other related organizations and individuals.

Article 2. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Performing art activities mean activities of creating art products which are shaped in the form of text, sound or image for direct or indirect conveyance through technical means to the public in different forms of art performance; and circulation of audio or visual records with art performance contents.

2. Art performance means activities of demonstrating different types of performing arts, beauty contests, model competitions or combination between performing arts of different genres and fashion shows or cultural and sport activities.

3. Types of performing arts include theater, music, dance, and traditional and modern folk recitals of Vietnam and the world.

4. Circulation of audio and visual records of art performances means the introduction of audio and/or visual products of art performances on tapes, discs, software and other materials for sale, exploitation and use in society.

Article 3. Prohibitions in performing art activities

1. To oppose the Socialist Republic of Vietnam State.

2. To distort the history, independence, sovereignty and territorial integrity of the Socialist Republic of Vietnam; to infringe upon national security; to negate revolutionary achievements; to insult leaders, national heroes/heroines or famous personalities; to disrupt the national unity bloc; to discredit beliefs and religions; to commit racial discrimination; to infringe upon lawful rights and interests of organizations and/or individuals.

3. To incite violence, propagate aggressive wars, and show hatred among nations and people of various countries, adversely affecting foreign relations.

4. To use costumes, languages, sounds, images, movements, modes of expression, or forms of performing acts which are contrary to national fine traditions and customs or negatively affect the morality, community well-being and social mentality.

Article 4. Rights and responsibilities of organizers of art performances

1. Organizers of art performances have the following rights:

a/ To organize art performances in accordance with law;

b/ To enjoy lawful interests brought about by the organization of art performances.

2. Organizes of art performances have the following responsibilities:

a/ To abide by the provisions of Article 3 of this Decree and other relevant provisions of law;

b/ To organize performances with contents which are exactly the same as those announced or already approved or agreed by competent state agencies under this Decree;

c/ To ensure that contents of performances are conformable to the traditional culture and age- and gender-appropriate in accordance with law; to comply with the law on child protection in cases of organizing art performances for children;

d/ To comply with the law on copyright and related rights;

dd/ To revoke titles and/or prizes presented to prize-winning organizations or individuals according to Article 18 of this Decree;

e/ Not to employ performers who are being suspended from art performance activities;

g/ Not to use titles or prizes already revoked or nuldified or titles falling into the case specified in Clause 4, Article 20 of this Decree in art performance activities;

h/ To halt or change the time, venues or plans of organizing art performances at the request of competent state agencies.

Article 5. Rights and responsibilities of organizations and individuals participating in art performances

1. Organizations and individuals participating in art performances have the following rights:

a/ To participate in art performances in accordance with law;

b/ To enjoy lawful interests brought about by the participation in art performances and be protected by the State in accordance with law.

2. Organizations and individuals participating in art performances have the responsibilities:

a/ To abide by the provisions of Article 3 of this Decree and other relevant provisions of law;

b/ Not to abuse art performance activities to commit law-breaking acts;

c/ Not to use titles or prizes already revoked or nuldified or titles falling into the case specified in Clause 4, Article 20 of this Decree;

d/ To comply with the law on copyright and related rights.

Article 6. Rights and responsibilities of owners of art performance venues

1. Owners of art performance venues have the following rights:

a/ To exploit and use their venues in accordance with law;

b/ To enjoy lawful benefits from the exploitation and use of their venues.

2. Owners of art performance venues have the following responsibilities:

a/ To abide by regulations on business activities, security, social order and safety, fire and explosion prevention and fighting, and environment-related conditions; and other relevant laws;

b/ To halt or change the time and scale of art performance activities at the request of competent state agencies.

Article 7. Rights and responsibilities of organizations and individuals circulating audio and visual records of art performances

1. Organizations and individuals circulating audio and visual records of art performances have the following rights:

a/ To circulate audio and visual records of art performances in accordance with law;

b/ To enjoy lawful interest from the circulation of audio and visual records of art performances.

2. Organizations and individuals circulating audio and visual records of art performances have the following responsibilities:

a/ Not to circulate audio and visual records containing the prohibited contents specified in Article 3 of this Decree and other relevant laws;

b/ To comply with the law on copyright and related rights;

c/ To make copyright deposits according to this Decree.

Chapter II

ART PERFORMANCE ACTIVITIES

Section 1

ORGANIZATION OF ART PERFORMANCES

Article 8. Forms of organization of art performances

1. The organization of art performances in service of political tasks and art performances for the internal audience of agencies and organizations shall be subject to notification according to Article 9 of this Decree.

2. The organization of free-of-charge art performances at tourist service establishments, entertainment and recreation establishments and restaurants shall be subject to notification according to Article 9 of this Decree.

3. The organization of art performances in cases other than those specified in Clauses 1 and 2 of this Article must comply with Article 10 of this Decree.

4. In case of organizing art performances not directly before the public for broadcasting on radio or television systems or publishing on the cyber environment, those who broadcast or publish these art performances shall be held responsible for their organization.

Article 9. Notification of the organization of art performances

1. Agencies and organizations carrying out the activities specified in Clause 1, Article 8 of this Decree shall send notices thereof to the state agencies specified in Clause 3 of this Article before organizing such activities. Heads of these agencies and organizations shall be held responsible for the compliance with the approved plans.

2. Business establishments carrying out the activities specified in Clause 2, Article 8 of this Decree shall send notices thereof to the state agencies specified at Point b, Clause 3 of this Article before organizing such activities.

3. Notice-receiving agencies:

a/ Provincial-level People’s Committees of the localities where the performances are proposed to be organized shall receive notices of agencies and units under ministries, central departments and central bodies of political organizations, socio-political organizations, social organizations, socio-professional organizations, and economic institutions;

b/ District-level People’s Committees of the localities where the performances are proposed to be organized shall receive notices of other organizations and individuals.

4. Notice-receiving order:

Agencies, organizations and individuals shall submit directly, send by post or transmit online a written notice (made according to Form No. 01 provided in the Appendix to this Decree) to notice-receiving agencies at least 5 working days before the projected date of the art performance.

Article 10. Conditions and procedures for organization of art performances specified in Clause 3, Article 8 of this Decree

1. Conditions for organization of an art performance:

a/ Being a public non-business unit having art performance functions; performing art society; or an organization or individual having registered for art performance business in accordance with law;

b/ Meeting law-prescribed conditions regarding security, social order and safety, environmental issues, health, and fire and explosion prevention and fighting;

c/ Obtaining a competent state agency’ written approval for organization of the art performance.

2. The competent state agency specified at Point c, Clause 1 of this Article may be:

a/ The Ministry of Culture, Sports and Tourism, which shall approve the organization of art performances within the framework of international cooperation activities of central performing art societies and central public non-business units having art performance functions;

b/ A provincial-level People’s Committee, which shall approve the organization of art performances other than those specified at Point a of this Clause in its locality.

3. A dossier must comprise:

a/ A written application for organization of an art performance (made according to Form No. 02 provided in the Appendix to this Decree);

b/ The scenario, list of to-be-performed works and their authors, and the person in main charge of the program contents (foreign works must be accompanied by their Vietnamese translations with the certification of the translators’ signatures).

4. Procedures for granting a written approval:

a/ The applicant shall submit directly, send by post or online 1 dossier set to a competent state agency at least 7 working days before the projected date of organizing the art performance;

b/ In case the dossier is incomplete, within 3 working days after receiving the dossier, the competent state agency shall issue a written request for completion of the dossier;

c/ In case the dossier is complete as prescribed, within 5 working days after receiving the dossier, the competent state agency shall appraise the dossier and grant a written approval of the organization of the art performance (made according to Form No. 03 provided in the Appendix to this Decree) and publish it on the electronic system. In case of non-approval, it shall issue a written reply clearly stating the reason;

d/ In case of changing the contents of an art performance of which the organization has already been approved, the organization or individual having applied for organization of the art performance shall submit directly or send by post or online to the agency having approved the organization of the art performance an official letter clearly stating the reason therefor. Within 2 working days after receiving a complete and valid dossier, the agency having approved the organization of the art performance shall consider and decide and notify its decision to the applicant;

dd/ In case of changing the time and/or venue of an art performance of which the organization has already been approved, the organization or individual having applied for organization of the art performance shall submit directly or send by post or online to the agency having approved the organization of the art performance and the administration of the locality where the art performance is proposed to be organized at least 2 working days before the projected date of organization of the art performance.

5. Central performing art societies and central public non-business units having art performance functions shall carry out the notification according to Clause 4, Article 9 of this Decree to provincial-level People’s Committees of the localities where art performances are proposed to be organized after obtaining the Ministry of Culture, Sports and Tourism’s written approvals for organization of art performances within the framework of international cooperation activities.

Section 2

ORGANIZATION OF COMPETITIONS AND FESTIVALS OF ASSORTED TYPES OF PERFORMING ARTS

Article 11. Forms of organization of competitions or festivals of assorted types of performing arts

1. The organization of competitions and festivals in service of political tasks; and competitions and festivals exclusively for subjects under the management of agencies or organizations shall be subject to notification according to Article 12 of this Decree.

2. The organization of competitions and festivals other than those specified in Clause 1 of this Article must comply with Article 13 of this Decree.

3. In case of organizing competitions and festivals not directly before the public for broadcasting on radio or television systems and publishing on the cyber environment, those who broadcast or publish these competitions or festivals shall be held responsible for their organization.

Article 12. Notification of the organization of competitions and festivals of assorted types of performing arts

1. Agencies and organizations carrying out the activities specified in Clause 1, Article 11 of this Decree shall send notices thereof to the state agencies specified in Clause 2 of this Article before organizing such activities. Heads of these agencies and organizations shall be held responsible for the compliance with the approved plans.

2. Notice-receiving agencies:

a/ Provincial-level People’s Committees of the localities where the competitions or festivals are proposed to be organized shall receive notices of agencies and units under ministries, central departments, and central bodies of political organizations, socio-political organizations, social organizations, socio-professional organizations, and economic institutions;

b/ District-level People’s Committees of the localities where the competitions or festivals are proposed to be organized shall receive notices of other organizations and individuals.

3. Notice-receiving order

Agencies and organizations shall submit directly, send by post or transmit online a written notice (made according to Form No. 01 provided in the Appendix to this Decree) to notice-receiving agencies at least 10 working days before the projected date of organizing the competition or festival.

Article 13. Conditions and procedures for organization of competitions and festivals of assorted types of performing arts specified in Clause 2, Article 11 of this Decree

1. Conditions for organization of a competition or festival:

a/ Being a public non-business unit having art performance functions; performing art society; or an organization or individual having registered for art performance business in accordance with law;

b/ Meeting law-prescribed conditions regarding security, social order and safety, environmental issues, health, and fire and explosion prevention and fighting;

c/ Obtaining a competent state agency’ written approval for organization of the competition or festival.

2. The competent state agency specified at Point c, Clause 1 of this Article may be:

a/ The Ministry of Culture, Sports and Tourism, which shall approve the organization of national and international competitions and festivals of assorted types of performing arts of central art performing societies and central public non-business units having the art performance functions;

b/ A provincial-level People’s Committee, which shall approve the organization of competitions and festivals other than those specified at Point a of this Clause in its locality.

3. A dossier must comprise:

a/ A written application for organization of the competition or festival (made according to Form No. 04 provided in the Appendix to this Decree);

b/ The scheme on organization of the competition or festival (made according to Form No. 05 provided in the Appendix to this Decree).

4. Procedures for granting a written approval:

a/ The applicant shall submit directly, send by post or online 1 dossier set to a competent state agency at least 30 working days before the projected date of organizing the competition or festival;

b/ In case the dossier is incomplete, within 3 working days after receiving the dossier, the competent state agency shall issue a written request for completion of the dossier;

c/ In case the dossier is complete as prescribed, within 15 working days after receiving the dossier, the competent state agency shall appraise the dossier and grant a written approval of the organization of the competition or festival (made according to Form No. 06 provided in the Appendix to this Decree) and publish it on the electronic system. In case of non-approval, it shall issue a written reply clearly stating the reason;

d/ In case of changing the contents of a competition or festival of which the organization has already been approved, the organization or individual having applied for organization of the competition or festival shall submit directly or send by post or online to the agency having approved the organization of the competition or festival an official letter clearly stating the reason therefor. Within 5 working days after receiving a complete and valid dossier, the agency approved the organization of the competition or festival shall consider and decide and notify its decision to the applicant;

dd/ In case of changing the time and/or venue of a competition or festival of which the organization has already been approved, the organization or individual having applied for organization of the competition or festival shall submit directly or send by post or online to the agency having approved the organization of the competition or festival and the administration of the locality where the competition or festival is proposed to be organized at least 5 working days before the projected date of organization of the competition or festival.

5. Central performing art societies and central public non-business units having art performance functions shall carry out the notification according to Clause 3, Article 12 of this Decree to provincial-level People’s Committees of the localities where competitions or festivals are proposed to be organized after obtaining the Ministry of Culture, Sports and Tourism’s written approvals for organization of national or international competitions or festivals.

Section 3

ORGANIZATION OF BEAUTY OR MODEL CONTESTS

Article 14. Forms of organization of beauty or model contests

1. The organization of contests exclusively for organizations or individuals under the management of agencies or organizations shall be subject to notification according to Article 15 of this Decree.

2. The organization of contests other than those specified in Clause 1 of this Article must comply with Article 16 of this Decree.

3. In case of organizing contests not directly before the public for broadcasting on radio or television systems or publishing on the cyber environment, those who broadcast or publish these contests shall be held responsible for their organization.

Article 15. Notification of the organization of beauty or model contests

1. Agencies and organizations carrying out the activities specified in Clause 1, Article 14 of this Decree shall send notices thereof to district-level People’s Committees of the localities where the contests are proposed to be organized. Heads of these agencies and organizations shall be held responsible for the compliance with the approved organization plans.

2. Notice-receiving order:

Agencies and organizations shall submit directly, send by post or transmit online a written notice (made according to Form No. 01 provided in the Appendix to this Decree) to notice-receiving agencies at least 10 working days before the projected date of organizing the contests.

Article 16. Conditions and procedures for organization of beauty or model contests specified in Clause 2 of Article 14

1. Conditions for organization of a contest:

a/ Being a public non-business unit having art performance functions; performing art society; or an organization or individual having registered for art performance business in accordance with law;

b/ Meeting law-prescribed conditions regarding security, social order and safety, environmental issues, health, and fire and explosion prevention and fighting;

c/ Obtaining a competent state agency’ written approval for organization of the contest.

2. The competent state agency specified at Point c, Clause 1 of this Article is the provincial-level People’s Committee of the locality where the contest is proposed to be organized.

3. Provincial-level People’s Committee chairpersons shall direct attached agencies to apply state management measures to, and be held responsible for compliance with law of, beauty and model contests in their localities. 

4. A dossier must comprise:

a/ A written application for organization of a beauty or model contest (made according to Form No. 07 provided in the Appendix to this Decree);

b/ The scheme on organization of the contest (made according to Form No. 08 provided in the Appendix to this Decree).

5. Procedures for granting a written approval:

a/ The applicant shall submit directly, send by post or online 1 dossier set to a competent state agency at least 30 working days before the projected date of organizing the contest;

b/ In case the dossier is incomplete, within 3 working days after receiving the dossier, the competent state agency shall issue a written request for completion of the dossier;

c/ In case the dossier is complete as prescribed, within 15 working days after receiving the dossier, the competent state agency shall appraise the dossier and grant a written approval of the organization of the contest (made according to Form No. 09 provided in the Appendix to this Decree) and publish it on the electronic system. In case of non-approval, it shall issue a written reply clearly stating the reason;

d/ In case of changing the contents of a beauty or model contest of which the organization has already been approved, the organization or individual having applied for organization of the contest shall submit directly or send by post or online to the agency having approved the organization of the contest an official letter clearly stating the reason therefor. Within 5 working days after receiving a complete and valid dossier, the agency having approved the organization of the contest shall consider and decide and notify its decision to the applicant;

dd/ In case of changing the time and/or venue of a contest of which the organization has already been approved, the organization or individual having applied for organization of the contest shall submit directly or send by post or online to the agency having approved the organization of the contest and the administration of the locality where the contest is proposed to be organized at least 5 working days before the projected date of organization of the contest.

Section 4

SUSPENSION OF ART PERFORMANCE ACTIVITIES, REVOKCATION OF TITLES OR PRIZES, NULLIFICATION OF RESULTS OF COMPETITIONS OR FESTIVALS ORGANIZED IN VIETNAM

Article 17. Suspension of art performance activities

1. Competent state bodies shall request in writing the suspension of art performance activities in one of the following cases:

a/ Such activities violate the provisions of Article 3 of this Decree;

b/ Organizers fail to make notification to, or have not yet obtained written approvals of, competent state agencies according to this Decree;

c/ For the reason of national defense or public security, natural disasters,  epidemics or state of emergency.

2. State agencies competent to suspend art performance activities are the agencies having received the notices or competent to approve the organization of such activities specified in this Decree.

3. A written request for suspension of art performance activities must clearly state the reason and time of suspension.

4. Organizations and individuals shall suspend art performance activities at the request of competent state agencies and timely remedy consequences. If wishing to resume art performance activities, organizations and individuals shall propose a plan on continued organization of art performance activities to competent state agencies for consideration and decision.

5. Within 2 working days after receiving a proposal, the concerned competent state agency shall consider and decide and notify its decision to the related organization and individual for information and compliance.

6. Organizations and individuals required to suspend art performance activities shall publicize information on the suspension of art performance activities in the mass media and ensure the interests of concerned organizations and individuals in accordance with law.

Article 18. Revocation of titles and prizes and nullification of results of competitions or festivals of assorted types of performing arts, beauty or model contests

1. A competent state agency specified in Clause 2, Article 17 of this Decree shall send written requests for revocation of a title and/or prize of a competition or festival to the organization or individual having organized such competition or festival if detecting that:

a/ The title and/or prize winner violates the provisions of Article 3 of this Decree; or,

b/ The title or prize presented at the the competition or festival contravenes the contents of the scheme on the organization of competition or festival included in the dossier of application for approval for, or the notice of,  organization of the competition or festival.

2. The competition- or festival-organizing organizations and individuals shall revoke titles and/or prizes at the request of competent state agencies, publicize information on the revocation of titles and/or prizes in the mass media and ensure the interests of concerned organizations and individuals in accordance with law.

3. In case the revocation is not carried out, the competent state agencies specified in Clause 2, Article 17 of this Decree shall decide to nullify results of competitions or festivals after 5 working days from the date of issuing a written request for revocation and publish information on the revocation of competition or festival results on their electronic systems.

Section 5

PARTICIPATION IN OVERSEAS BEAUTY OR MODEL CONTESTS

Article 19. Conditions for Vietnamese individuals to participate in overseas beauty or model contests

1. Having a letter of invitation from contest organizers.

2. Not being subject to application of administrative handling measures; having no criminal convictions or not being the convicted in accordance with the criminal procedure law.

3. Not being suspended from art performance activities under decisions of competent state agencies.

Article 20. Going abroad to participate in beauty or model contests

1. Vietnamese individuals going abroad to participate in beauty or model contests shall carry out procedures to request specialized agencies in charge of cultural affairs under provincial-level People’s Committees of the localities where they reside to grant written certifications of participation in overseas beauty or model contests.

2. A dossier must comprise:

a/ A declaration on participation in overseas beauty or model contests (made according to Form No. 10 provided in the Appendix to this Decree);

b/ The applicant’s criminal record certificate No. 1;

c/ A copy of the letter of invitation to the contest, enclosed with the Vietnamese translation containing the certification of the translator’s signature.

3. Procedures for granting a written certification:

a/ The applicant shall submit directly, send by post or online 1 dossier set to a competent state agency;

b/ In case the dossier is incomplete, within 3 working days after receiving the dossier, the competent state agency shall issue a written request for completion of the dossier;

c/ In case the dossier is complete as prescribed, within 5 working days after receiving the dossier, the competent state agency shall grant a written certification (made according to Form No. 11 provided in the Appendix to this Decree) and publish it on the electronic system. In case of non-approval, it shall issue a written reply clearly stating the reason;

d/ In case of changing the contents of the certification, the concerned individual shall submit directly or send by post or online to the agency having made the certification an official letter clearly stating the reason. Within 2 working days after receiving a complete and valid dossier, the agency having made the certification shall consider and decide and notify its decision to the applicant.

4. Individuals who have not yet obtained the certification of competent state agencies under the procedures specified in Clause 3 of this Article may not use the titles won at overseas beauty or model contests in art performance activities in Vietnam.

Chapter III

CIRCULATION OF AUDIO AND/OR VISUAL RECORDS OF ART PERFORMANCES

Article 21. Forms of circulating audio and/or visual records of art performances

1. The responsibility for the circulation of audio and/or visual records of non-commercial art performances shall rest with their producers or importers.

2. The circulation of audio and/or visual records of commercial art performances shall be subject to copyright deposits according to Article 23 of this Decree.

3. The responsibility for the circulation of audio and/or visual records of art performances on radio and television systems and/or the cyber environment shall rest with the broadcasters or publishers.

Article 22. Conditions for circulation of audio and/or visual records of commercial art performances

1. To be public non-business units having art performance functions; organizations and individuals having registered for audio and visual record business in accordance with law.

2. To make copyright deposits according to Article 23 of this Decree.

Article 23. Copyright deposits of audio and visual records of commercial art performances

1. Organizations and individuals shall make copyright deposits at least 10 days before circulating commercial audio and/or visual records at competent state agencies, specifically as follows:

a/ For audio and visual records of organizations under central agencies specified in Clause 1, Article 22 of this Decree, copyright deposits shall be made at the Ministry of Culture, Sports and Tourism;

b/ For audio and visual records of local organizations and individuals specified in Clause 1, Article 22 of this Decree, copyright deposits shall be made at provincial-level People’s Committees.

2. Receiving copyright deposits of audio and/or visual records:

Organizations and individuals shall submit directly, send by post or online to competent state agencies a copyright deposit declaration (made according to Form No. 12 provided in the Appendix to this Decree), enclosed with 2 audio and/or visual records. The time of making copyright deposits of audio and/or visual records shall be the time the competent state agencies receive the audio and/or visual record deposits.

Article 24. Responsibilities of competent state agencies receiving the copyright deposits of audio and/or visual records of commercial art performances

1. To examine, compare and decide on suspension of circulation or forced destruction of audio and/or visual records when detecting violations of Article 3 of this Decree and other relevant laws.

2. To arrange warehouses for detention of audio and/or visual records for 24 months and conduct the screening or liquidation of these records after the detention duration expires.

Article 25. Distribution of audio and/or visual records of art performances of foreign organizations and individuals in Vietnam

1. Foreign organizations and individuals allowed to distribute audio and/or visual records of art performances in Vietnam’s territory shall comply with this Decree and other relevant laws, which are not contrary to treaties to which the Socialist Republic of Vietnam is a contracting party.

2. Foreign organizations and individuals may not directly distribute audio and/or visual records of art performances in Vietnam’s territory.

Article 26. Import and export of audio and/or visual records

1. Vietnamese organizations and individuals as well as foreign organizations operating in Vietnam that import or export audio and/or visual records of art performances shall comply with this Decree and other relevant laws.

2. The import and export of audio and/or visual records of non-commercial art performances must comply with current law.

Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 27. Responsibilities of the Ministry of Culture, Sports and Tourism

The Ministry of Culture, Sports and Tourism shall be held responsible before the Government for performance of state management of performance art activities specified in this Decree:

1. To promulgate according to their competence, or submit to competent authorities for promulgation, mechanisms and policies, legal documents, strategies, master plans, plans, programs and schemes on performing art activities.

2. To direct, guide, urge, disseminate, educate in, and organize the implementation of, legal documents on performing art activities.

3. To assume the prime responsibility for, and coordinate with related ministries and sectors in, managing and directing scientific research, human resource training, further training and development regarding professional skills, reward and commendation work, and international cooperation on performing art activities.

4. To assume the prime responsibility for, and coordinate with related competent state agencies in, inspecting, examining, settling complaints and denunciations, and handling violations in performing art activities.

5. To perform other tasks and exercise other powers in accordance with law.

Article 28. Responsibilities of ministries, ministerial-level agencies and government-attached agencies

1. The Ministry of Information and Communications shall coordinate with the Ministry of Culture, Sports and Tourism in managing art performance activities broadcast on radio and/or television systems, websites and cyber environment; direct and guide information and press agencies as well as grassroots information systems in organizing and carrying out performing art activities.

2. The Ministry of Public Security shall direct and organize the application of measures to ensure public safety and security, fire and explosion prevention and fighting, and social order for art performance activities; coordinate in managing public security-related issues and entry and exit of foreign organizations and individuals conducting art performance activities in Vietnam as well as Vietnamese organizations and individuals conducting art performance activities overseas; coordinate with the Ministry of Culture, Sports and Tourism in inspecting, examining, settling complaints and denunciations, and handling violations in art performance activities.

3. The Ministry of Foreign Affairs shall coordinate with the Ministry of Culture, Sports and Tourism in organizing performing art activities in service of political diplomatic work and activities within the framework of international cooperation activities; direct overseas Vietnamese diplomatic missions in managing and supporting Vietnamese organizations and individuals conducting art performance activities in foreign countries.

4. Ministries, ministerial-level agencies and government-attached agencies shall, within the ambit of their respective tasks and powers, coordinate with the Ministry of Culture, Sports and Tourism in performing the state management of performing art activities.

Article 29. Tasks and powers of provincial-level People’s Committees

1. To perform the state management of performing art activities in their localities. To direct specialized agencies in charge of cultural affairs, attached agencies and People’s Committees of different levels as decentralized in performing the state management of performing art activities according to this Decree and other relevant laws.

2. To promulgate according to their competence, or submit to competent authorities for promulgation, mechanisms, policies, legal documents, plans, programs and schemes on performing art activities in their localities.

3. To direct, guide, urge, disseminate, educate in, and organize the implementation of, legal documents on performing art activities in their localities.

4. To direct scientific research, human resource training, further training and development regarding professional skills, reward and commendation work and international cooperation on performing art activities in their localities.

5. To inspect, examine, settle complaints and denunciations, and handle violations in performing art activities in localities.

6. To perform other tasks and exercise other powers in accordance with law.

Chapter V

IMPLEMENTATION PROVISIONS

Article 30. Transitional provisions

1. Permits for performances, organization of art performances, fashion shows; permits approving contents of audio and/or visual records of art performances; and permits for participation in international beauty or model contests, which have been granted before the effective date of this Decree, must comply with the Government’s Decree No. 79/2012/ND-CP of October 5, 2012, providing the art performances, fashion shows, beauty and model contests, circulation of, and dealing in, audio and/or visual records of art performances, and Decree No. 15/2016/ND-CP of March 15, 2016, amending and supplementing a number of articles of Decree No. 79/2012/ND-CP of October 5, 2012.

2. Beauty and model contests which have been licensed by competent state agencies or have obtained written approvals of organization venues by provincial-level People’s Committees must comply with the granted licenses and written approvals.

Article 31. Effect

1. This Decree takes effect on February 1, 2021.

2. The provisions of the following Decrees shall cease to be valid after this Decree takes effect:

a/ Decree No. 79/2012/ND-CP of October 5, 2012, providing art performances, fashion shows, beauty and model contests, circulation of, dealing in, audio and visual records of art performances;

b/ Decree No. 15/2016/ND-CP of March 15, 2016, amending and supplementing a number of articles of Decree No. 79/2012/ND-CP of October 5, 2012, providing art performances, fashion shows, beauty and model contests, circulation of, dealing in. art performance audio and visual records;

c/ Article 6 of the Government’s Decree No. 142/2018/ND-CP of October 9, 2018, amending a number of provisions on investment and business conditions within the scope of state management by the Ministry of Culture, Sports and Tourism;

d/ Clause 1, Article 6 of the Government’s Decree No. 54/2019/ND-CP of June 19, 2019, providing the business in karaoke and discotheque services.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related agencies, organizations, units and individuals shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

*  The Appendix to this Decree is not translated.