Decree No. 72/2016/ND-CP dated July 01, 2016 of the Government on photographic activities

DECREE

On photographic activities[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the June 22, 2015 Law on Promulgation of Legal Documents;

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

The Government promulgates the Decree on photographic activities.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree prescribes photographic activities and the state management of photographic activities.

Article 2. Subjects of application

This Decree applies to Vietnamese agencies, organizations and individuals and foreign organizations and individuals engaged in photographic activities in Vietnam.

Article 3. Interpretation of terms

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

1. Photographic activities cover launching creation campaigns, organizing creation camps and photography contests, festivals and exhibitions, and purchasing, selling and using photographic works.

2. Photographer means a person who creates a photographic work.

3. Co-photographers means two or more photographers who jointly create a photographic work.

4. Photographic work means a creative product showing images of the objective world on a light-sensitive material or on a device from which such images are created by a chemical or an electronic or another technical method. A photographic work may have a caption or not.

5. Change of material means displaying a photographic work on a material other than the original material on which the photographic work is created.

6. Combination with another art form means using part or the whole of a photographic work to create a product in the form of fine arts, theatrical arts, cinematography or another art form.

7. Photography contest means an activity of selecting and announcing photographic works with prizes, which may also be held online.

8. Photography festival means an activity of collecting, announcing, exhibiting, exchanging and displaying photographic works, with or without prizes, which may also be held online.

9. Photography exhibition means a form of disseminating, introducing, displaying and projecting photographic works, which may also be held online.

10. Photographic creation campaign means an activity of encouraging the creation of photographic works with a specific theme, for a specific purpose and with or without prizes, which may also be launched online.

11. Photographic creation camp means a place where photographers gather to create photographic works with a certain theme for a common goal as organized by an agency, organization or individual.

Article 4. Rights of organizations and individuals engaged in photographic activities

1. To create photographic works in the territory of the Socialist Republic of Vietnam in accordance with law.

2. To participate in photographic activities in accordance with law.

3. To be entitled to the State’s policies on photographic activities prescribed in Article 6 of this Decree.

4. To have their author’s rights and related rights to photographic works protected by the State in accordance with law.

5. Other rights as prescribed by law.

Article 5. Responsibilities of organizations and individuals engaged in photographic activities

1. Not to conduct propagation activities against the State of the Socialist Republic of Vietnam; not to undermine the national unity block.

2. Not to disclose secrets of the Party and the State, military, security, economic and external affair secrets, personal secrets and other secrets as prescribed by law.

3. Not to incite aggressive wars or sow hatred among nationalities and peoples of countries; not to spread reactionary ideas.

4. Not to modify or join photographic works, consequently falsifying the contents of images in order to distort history and deny revolutionary achievements; not to offend great personalities, national heroes, leaders and cultural celebrities; not to slander or hurt the prestige of agencies or organizations or honor and dignity of individuals.

5. Not to violate regulations on civilized lifestyle, fine customs and practices, security and order; not to propagate violence, crimes or social evils that harm the health or destroy the eco-environment; not to violate other laws.

6. Not to buy, sell, use or disseminate photographic works which violate law or for which a competent state agency has issued a decision on termination of circulation, ban on circulation, withdrawal, confiscation or destruction.

7. To comply with the law on author’s rights and related rights, and personal rights to images.

8. To organize photography exhibitions according to the contents of their licenses.

Chapter II

STATE MANAGEMENT OF PHOTOGRAPHIC ACTIVITIES

 Article 6. State policies on photographic activities

1. The State shall invest in and support the creation, order for creation, collection and keeping of photographic works of high values or in service of national construction and defense.

2. The State shall encourage domestic and foreign organizations and individuals to participate in photographic activities and develop the photography market in accordance with law; and encourage the application of state-of-the-art technologies in photographic activities.

3. Based on the socio-economic situation in each period, the State shall adopt policies on support for and investment in photographic activities.

Article 7. Contents of state management of photographic activities

1. To formulate, and organize the implementation of, strategies, master plans and plans on photographic activities.

2. To manage and direct scientific research, training, retraining and development of human resources in professional qualifications and management skills of photographic activities.

3. To manage and organize international exchange and cooperation in photographic activities.

4. To grant and revoke licenses for photography exhibitions.

5. To perform the emulation and commendation work in photographic activities.

6. To conduct inspection and examination, settle complaints and denunciations and handle violations in photographic activities in accordance with law.

Article 8. State management agencies of photographic activities

1. The Government shall perform the uniform state management of photographic activities.

2. The Ministry of Culture, Sports and Tourism shall take responsibility before the Government for performing the state management of photographic activities.

3. Ministries, ministerial-level agencies and government-attached agencies shall coordinate with the Ministry of Culture, Sports and Tourism in performing the state management of photographic activities according to their competence.

4. Within the ambit of their tasks and powers, provincial-level People’s Committees shall perform the state management of photographic activities in their localities. Provincial-level Culture, Sports and Tourism Departments or Culture and Sports Departments shall assist provincial-level People’s Committees in performing the state management of photographic activities.

Chapter III

PHOTOGRAPHIC CREATION CAMPAIGNS AND CAMPS, PHOTOGRAPHY CONTESTS, FESTIVALS AND EXHIBITIONS, AND USE OF PHOTOGRAPHIC WORKS 

Article 9. Photographic creation campaigns and camps, photography contests and festivals in Vietnam

1. An organization or individual that wishes to organize a photographic creation campaign or camp or a photography contest or festival in Vietnam shall submit directly or by post a notice to a competent state agency prescribed in Clause 3 of this Article.

2. The notice must clearly state information on the organizer of the photographic creation campaign or camp or photography contest or festival, the title, theme, contents, time and venue of this event.

3. Competence to receive notices

a/ The Ministry of Culture, Sports and Tourism shall receive notices of photographic creation campaigns and camps, and photography contests and festivals in Vietnam organized by ministries, central departments, sectors and mass organizations, and foreign organizations;

b/ Provincial-level People’s Committees shall receive notices of photographic creation campaigns and camps and photography contests and festivals in Vietnam other than those prescribed at Point a of this Clause.

4. Within 7 working days after receiving a notice, if a competent state management agency fails to issue a written reply, the organization or individual having sent the notice may organize the event. When finding signs of violation of Article 5 of this Decree, the competent state management agency shall issue a written disapproval clearly stating the reason.

5. In case of changing the contents stated in the notice, the organizer of a photographic creation campaign or camp or a photography contest or festival in Vietnam shall send another notice.

Article 10. Bringing photographic works from Vietnam abroad for contests or festivals

1. An organization or individual that brings photographic works from Vietnam abroad for a contest or festival shall take responsibility before law for the copyright and contents of these works. In case violations are detected, such organization or individual shall be handled in accordance with law.

2. An organization (ministry or central department, sector or mass organization) that brings, in the name of the State of Vietnam, photographic works from Vietnam abroad for a contest or festival shall submit directly or by post a notice to the competent state agency prescribed in Clause 4 of this Article.

3. A notice must clearly state information on the organizer of the photography contest or festival, and the title, theme, contents, time and venue of this event.

The notice shall be enclosed with:

a/ A list of works in Vietnamese (with their serial numbers, titles and photographer names);

b/ Photos to be submitted to the contest or festival with captions, which are printed in the smallest size of 13x18 cm or stored in a CD;

c/ Invitation and rules of the contest or festival already translated into Vietnamese.

4. Competence to receive notices

The Ministry of Culture, Sports and Tourism shall receive notices of bringing in the name of the State of Vietnam photographic works from Vietnam abroad for contests or festivals.

5. Within 7 working days after receiving a notice, if the competent state management agency fails to issue a written reply, the organization having sent the notice may bring photographic works from Vietnam abroad for a contest or festival. When finding signs of violation of Article 5 of this Decree, the competent state management agency shall issue a written disapproval clearly stating the reason.

6. In case of changing the contents stated in the notice, the organization bringing in the name of the State of Vietnam photographic works from Vietnam abroad for a contest or festival shall send another notice.

7. An organization or individual bringing photographic works from Vietnam abroad for a contest or festival shall send to the competent state agency having received the notice a report on the result of the contest or festival after this event closes, together with copies of certificates of award (if any) as a basis for consideration of commendation.

Article 11. Photography exhibitions in Vietnam

1. An organization or individual that wishes to organize a photography exhibition in Vietnam must have an exhibition license granted by a competent state management agency.

2. Provisions on photography exhibitions in Vietnam:

a/ Works to be displayed at an exhibition must conform with the theme and contents of the licensed exhibition; and have lawful origin and ownership right or use right;

b/ The venue of the exhibition must suit the nature and size of the exhibition.

3. The organizer of an exhibition shall submit directly or by post a license application dossier to a competent state agency prescribed in Clause 4 of this Article. A dossier must comprise:

a/ An application for a license for a photography exhibition in Vietnam, made according to Form No. 01 provided in the Appendix to this Decree;

b/ A list of works in Vietnamese (with their serial numbers, titles, photographer names, materials, sizes and quantity);

c/ Photos to be exhibited with captions, which are printed in the smallest size of 13x18 cm or stored in a CD;

d/ Written consent of the owner of the venue of the exhibition, for an exhibition held at a place other than an exhibition center;

dd/ Written agreement on content, time and scope of publication of the work between the photographer and the model, for a nude photo with an identified model.

4. Licensing competence

a/ The Ministry of Culture, Sports and Tourism shall license photography exhibitions on a national or multinational scale; photography exhibitions on a national scale or of ministries or central departments, sectors or mass organizations; photography exhibitions held in 2 or more provinces and cities; photography exhibitions organized by international organizations or foreign organizations representing a country or with coordination of many countries;

b/ Provincial-level People’s Committees shall license photography exhibitions other than those prescribed at Point a of this Clause.

5. A state management agency competent to receive license application dossiers shall issue a dossier receipt to the organization or individual having sent the dossier, made according to Form No. 06 provided in the Appendix to this Decree.

6. Licensing time limit

Within 7 working days after receiving a complete dossier as prescribed, a competent state agency shall grant a license for a photography exhibition in Vietnam, made according to Form No. 02 provided in the Appendix to this Decree. In case of refusal, it shall issue a written reply clearly stating the reason.

7. In case of changing the contents, time and venue stated in the license, the organizer of a photography exhibition shall carry out procedures to apply for a license again.

Article 12. Bringing photographic works from Vietnam for exhibitions abroad

1. An organization or individual that wishes to bring photographic works from Vietnam for an exhibition abroad must have an exhibition license granted by a competent state agency.

2. Provisions on bringing photographic works from Vietnam for exhibitions abroad

a/ Works to be exhibited must have lawful origin and ownership right or use right;

b/ An organization or individual bringing photographic works from Vietnam for an exhibition abroad shall perform the responsibilities prescribed in Article 5 of this Decree.

3. An organization or individual that brings photographic works from Vietnam for an exhibition abroad shall submit directly or by post a license application dossier to a competent state agency prescribed in Clause 4 of this Article. The dossier must comprise:

a/ An application for a license for bringing photographic works from Vietnam for an exhibition abroad, made according to Form No. 03 provided in the Appendix to this Decree;

b/ A list of works in Vietnamese (with their serial numbers, titles, photographer names, materials, sizes and quantity);

c/ Photos to be exhibited with captions, which are printed in the smallest size of 13x18 cm or stored in a CD;

d/ Invitation, notice, photo book (if any), written agreement or contract with the foreign partner already translated into Vietnamese;

dd/ Written agreement on content, time and scope of publication of the work between the photographer and the model, for a nude photo with an identified model.

4. Licensing competence

a/ The Ministry of Culture, Sports and Tourism shall license the bringing from Vietnam of photographic works representing the country for exhibitions abroad;

b/ Provincial-level People’s Committees shall license the bringing of photographic works from Vietnam for exhibitions abroad other than those prescribed at Point a of this Clause.

5. A state management agency competent to receive license application dossiers shall issue a dossier receipt to the organization or individual having sent the dossier, made according to Form No. 06 provided in the Appendix to this Decree.

6. Licensing time limit

Within 7 working days after receiving a complete dossier as prescribed, a competent state agency shall grant a license for bringing photographic works from Vietnam for an exhibition abroad, made according to Form No. 04 provided in the Appendix to this Decree. In case of refusal, it shall issue a written reply clearly stating the reason.

7. In case of changing the contents, time and venue stated in the license, the organization or individual bringing photographic works from Vietnam for an exhibition abroad shall carry out procedures to apply for a license again.

Article 13. Revocation and re-grant of licenses for photography exhibitions

1. A state management agency competent to grant a license for a photography exhibition may revoke such license.

2. Case of license revocation:

Organizers of photography exhibitions fail to perform the responsibilities prescribed in Article 5 of this Decree.

3. License revocation order and procedures:

a/ A state management agency with licensing competence shall issue a decision on revocation of a license for a photography exhibition, made according to Form No. 05 provided in the Appendix to this Decree;

b/ An organization or individual shall return the granted license to a competent state management agency when a revocation decision is issued and shall immediately terminate the photography exhibition subject to license revocation;

c/ An organization or individual having its/his/her photography exhibition license revoked may not be re-licensed within 3 months after the date of license revocation; and shall be handled in accordance with law depending on the severity of its/his/her violation.

4. After 3 months from the date of revocation of its/his/her license, an organization or individual wishing to organize a photography exhibition shall comply with Articles 11 and 12 of this Decree.

Article 14. Councils in photographic activities

1. An appraisal council shall be established to assist a state management agency to appraise works for licensing a photography exhibition. When finding signs of violation of Article 5 of this Decree, a competent state management agency shall establish an appraisal council to advise it before granting or not granting a license for a photography exhibition.

2. An art council or a council or board of examiners shall be established to assist the organizing committee to select works for display at an exhibition or rank works for awarding prizes of a photography exhibition, contest or festival or creation campaign.

3. Agencies establishing councils

a/ State management agencies with licensing competence prescribed in Clause 4, Article 11, and Clause 4, Article 12, of this Decree;

b/ Organizers of exhibitions, contests, festival or creation campaigns.

4. Organization and operation of councils

a/ The number of members of a council must be an odd number of at least 3 persons who are prestigious in photographic activities and photography management.

For an art council or a council or board of examiners, two-thirds of its members must have professional qualifications in photography;

b/ A council shall work on the principles of centralism, democracy, decision making by majority vote, ensuring objectiveness and fairness;

c/ Council members shall advise on the assessment of quality, contents and art values of photographic works; take responsibility before the agency having established the council for their assessment and are entitled to remunerations and other material benefits according to current regimes, which shall be paid by the agency having established the council.

Article 15. Use of photographic works

1. The use of photographic works must comply with the law on intellectual property and Article 5 of this Decree.

2. The use of photographic works for trading or use of photographic works on advertised products, when changing materials or combining with other art forms, shall be stated in contracts between users of photographic works and the authors or owners of the author right of photographic works.

3. Contracts on use of photographic works prescribed in Clause 2 of this Article shall be performed, modified, terminated or cancelled in accordance with the civil law.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 16. Effect

1. This Decree takes effect on August 15, 2016.

2. This Decree annuls the provisions on photography exhibitions of Chapter IV of the Regulation on cultural activities and commercial provision of public cultural services promulgated together with the Government’s Decree No. 103/2009/ND-CP of November 6, 2009.

Article 17. Implementation responsibility

1. The Minister of Culture, Sports and Tourism shall organize and examine the implementation of this Decree.

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

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

* The Appendix to this Decree is not translated.