Decree No. 76/2013/ND-CP of July 16, 2013, defining the functions, tasks, powers and organizational structure of the Ministry of Culture, Sports and Tourism

THE GOVERNMENT

Decree No. 76/2013/ND-CP of July 16, 2013, defining the functions, tasks, powers and organizational structure of the Ministry of Culture, Sports and Tourism

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the Government’s Decree No. 36/2012/ND-CP of April 18, 2012, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies;

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

The Government promulgates the Decree defining the functions, tasks, powers and organizational structure of the Ministry of Culture, Sports and Tourism.

Article 1. Position and functions

The Ministry of Culture, Sports and Tourism is a governmental agency, functioning to perform the state management of culture, family, physical training, sports and tourism nationwide; and the state management of public services in the fields of culture, family, physical training, sports and tourism in accordance with law.

Article 2. Tasks and powers

The Ministry of Culture, Sports and Tourism shall perform the tasks and powers as defined in the Government’s Decree No. 36/2012/ND-CP of April 18, 2012, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies, and the following specific tasks and powers:

1. To submit to the Government draft laws and resolutions of the National Assembly, draft ordinances and resolutions of the National Assembly Standing Committee and draft decrees of the Government, according to the Ministry’s annual approved legislative programs and plans, and resolutions, projects and schemes under the assignment by the Government or the Prime Minister; and development strategies, master plans and long-term, five-year and annual development plans and important national projects and works in the sector and fields under the Ministry’s state management.

2. To submit to the Prime Minister national target programs, programs in support of development in the fields of culture, family, physical training, sports and tourism; and draft decisions, directives and other documents on the sectors and fields under the Ministry’s state management as assigned.

3. To submit to the Prime Minister the Ho Chi Minh Awards, the State Awards on literature and arts, and honorable state titles in the fields of culture, family, physical training, sports and tourism; decisions to set up the National Councils on the fields under the Ministry’s state management; to recognize Vietnam’s anniversary days, tradition days and response days in accordance with law.

4. To promulgate circulars, decisions, directives and other documents within the scope of the Ministry’s state management.

5. To direct, guide, inspect and organize the implementation of legal documents, strategies, master plans, programs, plans and important national projects and works already promulgated or approved; to conduct communication, dissemination and education about and supervise the enforcement of laws concerning the fields under the Ministry’s state management.

6. Regarding cultural heritages

a/ To submit to the Prime Minister for decision:

- The establishment of national museums and specialized museums of the Ministry of Culture, Sports and Tourism;

- The ranking of special national relics and adjustment of the protection zones of these relics;

- The approval of policies, tasks and master plans on special national relics and national relics with large investment;

- The proposal to the United Nations Education, Science and Culture Organization (UNESCO) on recognition of Vietnam’s typical cultural and natural heritages as world heritages;

- Plans on handling of property being cultural heritages in accordance with law;

- The recognition of national treasures and permission to carry national treasures abroad for display, exhibition, research or preservation.

b/ To decide according to its competence:

- To agree on policies and to appraise tasks and plans for preservation, embellishment and restoration of special national relics and national relics; to guide and organize the implementation of master plans on protection and promotion of values of cultural heritages after they are approved by the Government;

- To agree on policies on, and appraise projects on embellishment of special national relics and national relics; to appraise projects on renovation and construction of works situated outside the protection zones of national relics and special national relics in accordance with law; to grant according to its competence practice eligibility certificates or practice certificates to organizations and individuals engaged in the preservation, embellishment and restoration of relics;

- To rank national relics and grade-I museums, to adjust the protection zones of national relics; to include intangible cultural heritages into the list of national intangible cultural heritages; to deliver national relics, antiques and treasures to functional state museums in accordance with law; to certify conditions for the establishment of national museums and specialized museums; to agree on the ranking of grade-II and grade-III museums in accordance with law;

- To grant permits for archaeological exploration and excavation; to grant permits for transportation of relics and antiques abroad for display, exhibition, research or preservation; to grant permits for overseas Vietnamese and foreign organizations and individuals to research and collect intangible cultural heritages in Vietnam in accordance with law;

- To guide procedures for registration of relics and antiques, conditions for establishment and operation of antique assessment establishments;

- To assume the prime responsibility for, and coordinate with related agencies and organizations in, formulating mechanisms and policies for mobilization, management and use of resources for the protection and promotion of the values of cultural heritages;

- To guide and inspect the protection and promotion of cultural heritage values.

7. Regarding performing arts

a/ To guide and organize the implementation of the master plan on state-run non-business art-performing units after it is approved by the Prime Minister;

b/ To provide the management of professional art performances and fashion shows; to provide the organization of professional art competitions and festivals;

c/ To provide the organization of beauty and model contest activities;

d/ To guide the grant of practice cards and professional art performance permits in accordance with law;

dd/ To define the appraisal and licensing of performance programs, items and plays of Vietnamese organizations and individuals to go on overseas performance tours, and of foreign organizations and individuals to make performances in Vietnam;

e/ To provide the management of the distribution of song, dance and theatrical tapes and discs.

8. Regarding cinematography

a/ To guide and organize the implementation of cinematographic development strategies and master plans after they are approved;

b/ To provide the organization of national and international film festivals, foreign film days in Vietnam and Vietnamese film days overseas;

c/ To manage the deposit and archive of home-made films, video materials and pictures; and the deposit and archive of foreign films disseminated and distributed in Vietnam;

d/ To provide the grant of permits for film and video-art distribution; to permit domestic film producers to provide film production services, cooperate or enter into joint ventures with foreign organizations and individuals for film production in Vietnam.

9. Regarding fine arts, photography and exhibition

a/ To guide and organize the implementation of strategies and master plans on development of fine arts, photography and exhibitions and master plans on national monuments and murals after they are approved by the Government;

b/ To perform the state management of national cultural symbols in accordance with law;

c/ To provide the management of fine-art, photographic, exhibition and installation art activities, to organize fine-art and photographic creation camps in Vietnam;

d/ To provide the organization of, and directly organize national and international displays and exhibitions of fine-art and photographic works;

dd/ To set up specialized councils for art appraisal and appraisal of fine-art work estimates according to regulations.

10. Regarding copyright and related rights

a/ To promulgate, and guide the implementation of, legal documents on copyright and related rights;

b/ To apply measures for protection of the rights and lawful interests of the State, organizations and individuals in the field of protection of copyright and related rights;

c/ To provide the supply, cooperation, order placement, use and assurance of copyright of works and related rights of performances, audio and video phonograms and broadcasting programs;

d/ To manage and exploit copyrights of state-owned works;

dd/ To manage the grant, re-grant, renewal and cancellation of registration certificates for copyright and related rights;

e/ To formulate price tariffs and provide modes of payment of royalties, remuneration, and material interests related to copyright and related rights in accordance with law;

g/ To manage the assessment of copyright and related rights.

11. Regarding library

a/ To guide and organize the implementation of the master plan on the network of libraries after it is approved by the Prime Minister;

b/ To guide the cooperation, exchange of books, newspapers and documents with foreign countries and the transfer of books, newspapers and documents among libraries;

c/ To guide the conditions for the establishment and operation of libraries; to guide the grant to and revocation of library operation registration certificates of private libraries engaged in serving the community.

12. Regarding advertising

a/ To perform the state management of advertising in accordance with law;

b/ To guide the formulation of local master plan on outdoor advertisements;

c/ To appraise advertising products at the request of organizations or individuals.

13. Regarding mass culture, national culture and public propagation and agitation

a/ To guide and organize the implementation of regulations on reception of international guests, anniversaries, funerals and other ceremonies as assigned by the Government;

b/ To guide and organize the implementation of the master plan on grassroots cultural institutions after it is approved by the Prime Minister;

c/ To direct, guide and organize the implementation of contents of public propagation and agitation about policies and lines of the Party and policies and laws of the State through cultural, artistic and visual agitation activities;

d/ To perform the state management and guide the use of the national flag, national emblem and national song, and President Ho Chi Minh’s portraits in accordance with law;

dd/ To provide the organization of mass art competitions, festivals and performances, organization of cultural activities; to manage cultural, cultural service business and entertainment and recreation activities at public places;

e/ To manage rituals; to provide and guide the organization of wedding ceremonies, funerals, lifestyle building and the movement “All people unite in building cultural life”;

g/ To formulate and submit to competent authorities for promulgation policies on conservation, promotion and development of cultural values of Vietnamese nationalities;

h/ To direct, organize, inspect and oversee the implementation of policies on national culture.

14. Regarding literature

a/ To coordinate with functional agencies in formulating, guiding and organizing the implementation of, mechanisms and policies on literary activities after they are approved by the Government;

b/ To coordinate with related agencies in guiding the organization and inspection of literary activities;

c/ To contribute opinions to the appraisal of literary works at the request of organizations and individuals;

d/ To coordinate in the organization of literary and art creation camps.

15. Regarding family

a/ To guide and organize the implementation of the strategy on development of Vietnamese families;

b/ To assume the prime responsibility for, and coordinate with related ministries and sectors in, guiding the implementation of laws and regulations on family work and domestic violence prevention and fighting;

c/ To propagate and educate in morality, lifestyle and code of conduct in family;

d/ To assume the prime responsibility for, and coordinate with related ministries and sectors in, the formulation of criteria of cultured families;

dd/ To establish a database on family and domestic violence prevention and fighting; to build and expand models of advanced typical families within the scope of its assigned tasks.

16. Regarding physical training and sports for all

a/ To guide and organize the implementation of strategies, master plans and national programs on development of physical training and sports after they are approved by the Government;

b/ To organize and direct the building of a contingent of physical training and mass sport instructors and collaborators; to propagate and guide methods of physical exercise and playing sports; to provide professional training for grassroots physical training and sports collaborators;

c/ To assume the prime responsibility for, and coordinate with sectors and localities in, surveying the people’s physical strength; to guide, apply and develop national sports and traditional physical training methods at home and abroad;

d/ To direct the organization of national-level mass sports competitions;

dd/ To coordinate with the Ministry of Education and Training, the Ministry of National Defense and the Ministry of Public Security in guiding and organizing the implementation of physical education and sports at schools and physical training and sports in the people’s armed forces;

e/ To guide the registration of physical training and mass sport clubs and facilities and fan clubs.

17. Regarding high-achievement and professional sports

a/ To propose the Prime Minister to permit the organization of national physical training and sports games, and regional, continental and world sport games;

b/ To guide and organize the implementation of high-achievement sport development strategies and master plans and professional sport development orientations after they are approved;

c/ To guide and organize the implementation of regulations on regimes and policies applicable to athletes, sport coaches and sport referees;

d/ To permit the organization of regional, continental and world championship sports tournaments in Vietnam; to organize annual national sports competitions and tournaments for young athletes; to provide the management of international sport activities organized in Vietnam; to approve the national physical training and sport festival charter; to specify the ownership over high-achievement and professional sports tournaments;

dd/ To promulgate criteria and guide the ranking of athletes, sport coaches and sport referees; to recognize the ranking of Vietnamese athletes, sport trainers and sport referees by international sports organizations in accordance with law;

e/ To provide the management of the transfer of athletes, recruitment of athletes into national sports teams; to prescribe the order and procedures for setting up national sports delegations and national teams for different sports;

g/ To guide the formulation of training and coaching programs for athletes, sport coaches and sport referees;

h/ To guide and register the operation of professional sports training institutions.

18. Regarding tourist resources and planning

a/ To guide and organize the implementation of the master plan on development of tourist industry, key tourist regions and areas and national tourist sites after it is approved by competent authorities;

b/ To promulgate regulations on tourist resource survey, assessment and classification;

c/ To assume the prime responsibility for, and coordinate with related ministries, sectors and provincial-level People’s Committees in, organizing tourist resource survey, assessment and classification; to provide the protection, embellishment, development, exploitation and use of tourist resources and environment in national tourist zones and sites.

19. Regarding tourist zones, sites and routes

a/ To submit to the Prime Minister for recognition national tourist zones, sites and routes;

b/ To guide and inspect the classification and recognition of local tourist zones, sites and routes;

c/ To promulgate regulations on management of tourist zones situated within the administrative boundaries of two or more provinces or centrally run cities.

20. Regarding tour guides

a/ To uniformly manage, inspect and oversee the grant of tour guide cards nationwide;

b/ To prescribe and guide the conditions, procedures and dossiers for grant, renewal, re-grant and revocation of tour guide cards.

21. Regarding tourist business

a/ To guide the implementation of laws and regulations on travel business, tourist accommodation, and dealing in the development of tourist zones, sites and other tourist services;

b/ To prescribe the criteria, procedures and dossiers for ranking of tourist accommodation establishments, tourist ships, grant of standard signboards for tourist service establishments; to decide on the ranking of tourist accommodation establishments of three star or higher class and high-grade class.

22. Regarding tourist promotion

a/ To assume the prime responsibility for, and coordinate with ministries, sectors and localities in, formulating and organizing the implementation of, national strategies, plans and programs on tourist promotion at home and overseas; to coordinate inter-regional and inter-local tourist promotion activities;

b/ To guide the establishment and operation of overseas Vietnamese tourist representative offices; to guide the establishment of Vietnam-based foreign tourist representative offices;

c/ To establish, and guide the use, exploitation and management of, national tourist databases.

23. Regarding international cooperation

a/ To submit to the Prime  Minister the establishment of Vietnam Culture Centers in foreign countries and to permit the establishment of foreign culture establishments in Vietnam;

b/ To guide the establishment and manage the operation of overseas Vietnam Culture Centers and foreign culture establishments in Vietnam in accordance with law;

c/ To assume the prime responsibility for, and coordinate with the Ministry of Foreign Affairs in, nominating cultural attaches in a number of countries, and the coordinated management of the performance by cultural attaches in various areas;

d/ To assume the prime responsibility for, and coordinate in, organizing national or international events, trade fairs, workshops, exhibitions, foreign-relation programs on culture, family, sports and tourism aiming to introduce and propagate the Vietnamese land and people.

24. Regarding human resource training and development

a/ To submit to competent authorities for approval master plans and plans on training of human resources for culture, family, sports and tourism, and peculiar mechanisms and policies in training, employment and preferential treatment of art and sport talents, special allowances for lecturers, teachers, coaches, trainers,  pupils and students at cultural, art, physical training and sports and tourist training institutions;

b/ To inspect training institutions of the Ministry of Culture, Sport and Tourism in the satisfaction of conditions for establishment and upgrading, educational activities and opening of training disciplines; the implementation of regulations on enrolment, training and joint training; to manage and grant diplomas and certificates;

c/ To direct the formulation of training programs and the compilation of training syllabuses and uniformly manage the contents of cultural and art, family, physical training and sport and tourist curricula as provided by the Ministry of Education and Training and the Ministry of Labor, War Invalids and Social Affairs; to promulgate regulations on management of the teaching of art and sport talents by domestic and foreign organizations and individuals in Vietnam;

d/ To guide, inspect and organize the implementation of the master plan on development of human resources for culture, family, sports and tourism.

25. Regarding the state management of organizations providing public services in the fields of culture, family, physical training, sports and tourism

a/ To formulate and submit to the Government mechanisms and policies on provision of public services, the socialization of activities of providing public services in the fields of culture, family, physical training, sports and tourism;

b/ To promulgate specific criteria on classification of public non-business units engaged in culture, family, physical training, sports and tourism;

c/ To manage and direct public non-business units attached to the Ministry.

26. Regarding the state management of operation of associations and non-governmental organizations engaged in culture, family, physical training, sports and tourism

a/ To guide and create conditions for associations and non-governmental organizations to participate in formulating regulations on the state management of culture, family, physical training, sports and tourism;

b/ To handle or propose the handling of violations committed by associations and non-governmental organizations engaged in culture, family, physical training, sports and tourism in accordance with law.

27. To grant permits to foreign organizations and individuals to organize cultural, family, physical training, sport and tourist activities in Vietnam; permits for export and import of cultural products in accordance with law.

28. To decide on the approval and organize the implementation of investment projects according to its competence in the fields of culture, family, physical training, sports and tourism.

29. To decide on, and organize the application of, measures to prevent, stop and handle superstitious acts, backward customs, debauching cultural products and illegal acts in the fields of culture, family, physical training, sports and tourism.

30. To organize and direct the scientific research, application of scientific and technological advances and environmental protection in the fields of culture, family, physical training, sports and tourism in accordance with law.

31. To promulgate criteria and professional standards of civil servants in the sectors and fields managed by the Ministry under assignment or decentralization after they are appraised by the Ministry of Home Affairs; to formulate professional standards of civil servants in the sector and fields managed by the Ministry under assignment or decentralization, for promulgation by the Ministry of Home Affairs; to promulgate specific professional standards of heads of professional agencies of the sector and fields managed by the Ministry but attached to provincial-level People’s Committees; to formulate and promulgate specialized econo-technical norms and national standards and technical regulations in the fields of culture, family, physical training, sports and tourism.

32. To exercise the rights of representatives of the state capital at state-financed enterprises managed by the Ministry in accordance with law.

33. To inspect, examine, and settle complaints, denunciations and petitions of citizens, to prevent and fight corruption and negative practices and handle illegal acts in the fields of culture, family, physical training, sports and tourism according to the Ministry’s jurisdiction; to inspect and examine the decentralization of management of the sectors and fields under the Ministry’s management.

 34. To decide on and direct the implementation of the administrative reform program of the Ministry according to the objectives and contents of the state administrative reform program already approved by the Prime Minister; to formulate and improve the systems of institutions and laws on state management of culture, family, physical training, sports and tourism; to assign and decentralize the management to its attached agencies and units; to submit to the Government for decision the decentralization of state management of the fields under the Ministry’s management to local administrations; to direct the implementation of regulations on the regime of autonomy and accountability in performance, apparatus organization, payroll and finance, applicable to state non-business units in the fields under its management; to reform administrative procedures; to apply the quality control system based on national standard TCVN ISO 9001:2008 and apply information technology to activities of the Ministry.

35. To direct and guide emulation and commendation work in cultural, family, physical training, sport and tourist activities.

36. To manage the organizational apparatus, civil servant payroll, working positions, public employee structure based on professional titles and the numbers of employees in public non-business units; to decide on the rotation, transfer, appointment, removal from office, dismissal, retirement, quitting, commendation and disciplining; to apply the regimes and policies to and train cadres, civil servants and public employees under its management in accordance with law.

37. To manage the assigned finance and assets and organize the implementation of allocated budgets in accordance with law.

38. To perform other tasks assigned by the Government and the Prime Minister and prescribed by law.

Article 3. Organizational structure of the Ministry

1. The Library Department.

2. The National Culture Department.

3. The Family Department.

4. The Science, Technology and Environment Department.

5. The Planning and Finance Department.

6. The Organization and Personnel Department.

7. The Emulation and Commendation Department.

8. The Training Department.

9. The Legal Affairs Department.

10. The Ministry’s Inspectorate.

11. The Ministry’s Office (with a representative office in Da Nang city).

12. The Southern Affairs Department.

13.  The Cultural Heritage Department.

14. The Performing Arts Department.

15. The Cinematography Department.

16.  The Copyright Department.

17. The Grassroots Culture Department.

18. The International Cooperation Department.

19. The Fine Arts, Photography and Exhibition Department.

20. The General Department of Physical Training and Sports.

21. The Vietnam National Administration of Tourism.

22. The Management Board of the Cultural and Tourist Village of Vietnamese Nationalities.

23. Vietnam Institute of National Culture and Arts.

24. “Van Hoa” (Culture) newspaper.

25. “Van Hoa Nghe Thuat” (Culture and Arts) Review.

26. The Information Technology Center.

27. The Culture, Sport and Tourism Managers’ Training School.

Units mentioned in Clauses 1 thru 22 of this Article shall assist the Minister in performing the state management function; units mentioned in Clauses 23 thru 27 of this Article are non-business units serving the Ministry’s state management function.

The Minister of Culture, Sports and Tourism shall submit to the Prime Minister for promulgation decisions defining the functions, tasks, powers and organizational structures of the General Department of Physical Training and Sports, the Vietnam National Administration of Tourism and the Management Board of the Cultural and Tourist Village of Vietnamese Nationalities, and decide on the promulgation of the list of other existing non-business units under the Ministry.

The Minister of Culture, Sports and Tourism shall define the functions, tasks, powers and organizational structures of agencies and units attached to the Ministry, excluding the units mentioned in Clauses 20, 21 and 22 of this Article.

The Science, Technology and Environment Department may organize 3 sections; the Planning and Finance Department, 6 sections; the Organization and Personnel Department, 3 sections; and the Legal Department, 3 sections.

Article 4. Effect

1. This Decree takes effect on September 2, 2013.

2. This Decree replaces the Government’s Decree No. 185/2007/ND-CP of December 25, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Culture, Sports and Tourism; all previous regulations contrary to this Decree are annulled.

Article 5. Implementation responsibility

The Minister of Culture, Sports and Tourism, other ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People’s Committees shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN TAN DUNG