Decree No. 79/2017/ND-CP dated July 17, 2017 of the Government on defining the functions, tasks, powers and organizational structure of the Ministry of Culture, Sports and Tourism

DECREE

Defining the functions, tasks, powers and organizational structure of the Ministry of Culture, Sports and Tourism[1]

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

Pursuant to the Government’s Decree No. 123/2016/ND-CP of September 1, 2016, 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 performing the function of state management of culture, family, physical training, sports and tourism nationwide; and state management of public services in the sectors and fields under its management.

Article 2.Tasks and powers

The Ministry of Culture, Sports and Tourism shall perform the tasks and exercise the powers defined in the Government’s Decree No. 123/2016/ND-CP of September 1, 2016, 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 Standing Committee of the National Assembly, and draft decrees of the Government under the Ministry’s approved annual law-making programs and plans, and resolutions, projects, schemes as assigned by the Government or Prime Minister.

2. To submit to the Government development strategies and master plans and long-term, medium-term and annual plans and important national programs, projects and works in the sectors and fields under its management.

3. To submit to the Prime Minister draft decisions, directives and other documents in the sectors and fields under its management.

4. To promulgate circulars, decisions, directives and other documents on the state management of the sectors and fields under its management.

To develop national standards; to promulgate national technical regulations, processes, rules, and techno-economic norms in the sectors and fields under its management.

5. To direct, guide, examine and organize the implementation of legal documents, promulgated or approved strategies, master plans, programs, plans, important national projects and works; to disseminate and educate about the laws concerning the sectors and fields under its state management and supervise the implementation of these laws.

6. Regarding cultural heritages:

a/ To report to competent authorities on the establishment of national museums and specialized museums of the Ministry of Culture, Sports and Tourism;

b/ To submit to the Prime Minister the rankings of special national relics and adjustment of the boundaries of the protection zones of these relics; proposals to the United Nations Education, Science and Culture Organization (UNESCO) for recognition of Vietnam’s typical cultural and natural heritages as world heritages; the recognition of national treasures and permission to carry national treasures abroad for display, exhibition, research or preservation, and plans on handling of property being cultural heritages in accordance with law;

c/ To guide and organize the implementation of master plans on protection and promotion of the values of cultural heritages after they are approved;

d/ To appraise and submit to the Prime Minister for approval policies, tasks and master plans on special national relics and national relics with large investments;

dd/ To appraise tasks and master plans for preservation, embellishment and restoration of national relics; to 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;

e/ To rank national relics and grade-I museums, and adjust the boundaries of protection zones of national relics; to include intangible cultural heritages into the list of national intangible cultural heritages; to hand over national relics, antiques and treasures to 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;

g/ 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;

h/ To guide procedures for registration of relics and antiques, and conditions for establishment and operation of antique assessment organizations;

i/ To develop mechanisms and policies on mobilization, management and use of resources for the protection and promotion of the values of cultural heritages;

k/ 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 development of performing arts after it is approved;

b/ To guide and organize the implementation of regulations on art performances, organization of art performances and fashion shows; beauty and model contests; and circulation of and trading in audio and visual recordings of song, dance, musical and theatrical performances;

c/ To regulate the organization of professional art competitions and festivals;

d/ To grant and revoke permits for staging or organizing art performances or fashion shows;beauty and model contests; and circulation of and trading in audio and visual recordings of song, dance, musical and theatrical performances in accordance with law.

8. Regarding cinematography:

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

b/ To organize national film festivals and international film festivals in Vietnam; to approve the organization of specialized or thematic 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 grant and revoke permits in the field of cinematography in accordance with law.

9. Regarding fine arts, photography and exhibition:

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

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

c/ To guide and organize the implementation of regulations on the management of fine-arts, photography, and culture and art exhibitions;

d/ To guide the organization of, and directly organize displays and exhibitions of fine-art, applied fine art and photographic works;

dd/ To guide the assessment of fine-art and photographic works.

10. Regarding copyright and related rights:

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

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

c/ To guide the supply, cooperation, placement of orders for, 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 works, related rights of state-owned performances, audio and video phonograms and broadcasting programs;

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

e/ To manage the assessment of copyright and related rights; copyright and related rights representation, consultancy and service activities.

11. Regarding library:

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

b/ To guide the cooperation on and 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 and revocation of library operation registration certificates of private libraries serving the community; to guide the preservation and exploitation of library materials;

d/ To develop mechanisms and policies on mobilization of resources for library development.

12. Regarding advertising:

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

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

c/ To appraise advertising products in accordance with law.

13. Regarding mass culture, national culture and public propaganda and advocacy:

a/ To guide and organize the implementation of regulations on founding days, traditional days, response days, anniversaries, funerals and other ceremonies under the Ministry’s state management, or as assigned by the Government;

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

c/ To direct, guide and organize the implementation of contents of public propaganda and advocacy about policies and lines of the Party and policies and laws of the State through cultural, artistic and visual advocacy 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 pictures in accordance with law;

dd/ To provide the organization of mass art festivals, competitions 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 guide the adoption of civilized lifestyle in organizing wedding ceremonies, funerals, lifestyle building and the movement “All people unite in building a cultural life”;to apply measures to prevent superstition, backward customs and debauching cultural products which contravene fine customs and practices, and harm human health and ecological environment;

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 supervise the implementation of policies on national culture.

14. Regarding literature:

a/ To develop, guide and organize the implementation of, mechanisms and policies on literature activities after they are approved;

b/ To guide the organization and inspection of literature activities;

c/ To organize literature and arts creation camps.

15. Regarding family work:

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

b/ To guide the implementation of regulations on family work and domestic violence prevention and control;

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

d/ To develop criteria of cultured families;

dd/ To establish a database on family and domestic violence prevention and control; to build and expand the model of happy and sustainable family.

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;

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

c/ To survey 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, Ministry of National Defense and 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 sports games;

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

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

d/ To permit the organization of regional, continental and world sports tournaments in Vietnam; to organize annual national sports competitions and tournaments for young athletes; to regulate the management of international sport activities organized in Vietnam; to approve the charter of the national physical training and sports festival;

dd/ To promulgate criteria and guide the ranking of athletes, sports coaches and sports referees; to recognize the ranking of Vietnamese athletes, sports coaches and sports 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 regulate the order and procedures for forming national sports delegations and national teams for different sports;

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

h/ To guide the registration of professional sports institutions.

18. Regarding tourist resources and master plans:

a/ To guide and conduct survey, assessment and classification of tourist resources;

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

19. Regarding tourist zones and sites:

a/ To recognize national tourist zones; to submit to the Prime Minister for recognition national tourist zones situated in two or more provincial-level administrative units;

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

c/ To guide the management of national tourist zones.

20. Regarding tourist business and guides:

a/ To manage, decentralize and revoke licenses and certificates for tourist activities according to its competence;

b/ To guide the implementation of regulations on travel business, tourist accommodation, and other tourist services;

c/ To guide the conditions, procedures and dossiers for grant, renewal, re-grant and revocation of travel business licenses;

d/ To guide the criteria, order, procedures and dossier for recognition of ranking of tourist accommodation establishments, and revocation of decisions on recognition of ranking of tourist accommodation establishments;

dd/ To appraise and recognize tourist accommodation establishments and inspect the standards of tourist accommodation establishments in accordance with law;

e/ To guide the criteria, signboards, dossier, order and procedures for recognition of tourist service establishments meeting tourist service standards;

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

21. Regarding tourism promotion:

a/ To formulate, and organize the implementation of, national strategies, plans and programs on tourism promotion at home and overseas; to coordinate inter-regional and inter-local tourism promotion activities;

b/ To guide the establishment of Vietnam-based representative offices of foreign tourist agencies, international or regional tourist organizations;

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

22. Regarding international cooperation:

a/ To report to the Government the conclusion, ratification of, accession to, treaties on culture, family, physical training, sports and tourism; to join international organizations as assigned by the Government;

b/ To conduct negotiations on treaties as authorized by competent state agencies; to organize the implementation of treaties under the Prime Minister’s direction; to conclude and implement international agreements in the name of the Ministry in accordance with law;

c/ To sign, organize and inspect the implementation of, internationally funded programs and projects; to decide on, or grant permits for, the organization of international conferences and workshops on culture, family, physical training, sports and tourism according to its competence in accordance with law;

d/ To report to competent authorities the establishment of overseas Vietnam Culture Centers and permit the establishment of foreign culture establishments in Vietnam;

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

e/ To organize national or international events, trade fairs, workshops, exhibitions and foreign-relation programs on culture, family, sports and tourism aiming to introduce and promote the Vietnamese land, people, culture and arts.

23. Regarding human resource training, retraining and development:

a/ To guide, inspect and assess according to its competence the implementation of regulations on human resource training, retraining and development for culture, family, physical training, sports and tourism;

b/ To formulate and promulgate according to its competence, or submit to competent authorities for promulgation legal documents, strategies, master plans, schemes and plans on human resource training, retraining and development for culture, family, physical training, sports and tourism, and special mechanisms and policies in training, retraining, employment and preferential treatment of art and sport talents, special allowances for lecturers, teachers, coaches and students at cultural, arts, physical training, sports or tourism training institutions, and guide, inspect and organize the implementation of such regulations.

24. To guide the implementation of the strategy on culture industry development after it is approved; to organize the implementation of the strategy on culture industry development in the sectors under its state management in accordance with law.

25. To perform the state management of public services in the sectors and fields under its state management in accordance with law.

26. To perform tasks and exercise powers toward associations and non-governmental organizations operating in the sectors and fields under its state management in accordance with law.

27. To grant export or import permits for goods under its state management in accordance with law.

28. To approve, and organize the implementation of, investment projects in the fields of culture, family, physical training, sports and tourism under its management.

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

30. To exercise the rights and perform the responsibilities of the state owner toward state-financed enterprises and wholly state-owned enterprises managed by the Ministry in accordance with law.

31. To perform inspections and examinations; to receive citizens; to settle complaints and denunciations; to prevent and control corrupt and negative practices; to practice thrift and combat waste, and handle violations in accordance with law.

32. To decide on, and direct the implementation of, its administrative reform program in line with the objectives and contents of the state administrative reform program approved by the Government or Prime Minister; to propose or decide according to its competence on the decentralization of the state management of the sectors and fields under its state management.

33. To direct and guide emulation and commendation work in culture, family, physical training, sports and tourist activities.

34. To manage its own organizational structure and cadres, civil servants, public employees and their state payrolls; to implement the salary regime and regimes and policies on preferential treatment, commendation and disciplining toward cadres, civil servants, public employees and employees under its management in accordance with law.

35. To manage its allocated finance and assets, and organize the implementation of its allocated budgets in accordance with law.

36. To perform other tasks assigned by the Government or Prime Minister, or as prescribed by law.

Article 3.Organizational structure

1. The Organization and Personnel Department.

2. The Planning and Finance Department.

3. The Legal Affairs Department.

4. The Training Department.

5. The Emulation and Commendation Department.

6. The Science, Technology and Environment Department.

7. The Library Department.

8. The National Culture Department.

9. The Family Department.

10. The Office.

11. The Inspectorate.

12.  The Cultural Heritage Department.

13. The Performing Arts Department.

14. The Cinematography Department.

15.  The Copyright Department.

16. The Grassroots Culture Department.

17. The International Cooperation Department.

18. The Fine Arts, Photography and Exhibition Department.

19. The General Department of Physical Training and Sports.

20. The Vietnam National Administration of Tourism.

21. The Management Board of the Vietnam Nationalities Village for Ethnic Culture and Tourism.

22. Vietnam Institute of National Culture and Arts.

23. “Van Hoa” (Culture) newspaper.

24. “Van Hoa Nghe Thuat” (Culture and Arts) magazine.

25. The Information Technology Center.

26. The Culture, Sports and Tourism Managers’ Training School.

The units referred to in Clauses 1 thru 21 of this Article are administrative units assisting the Minister in performing the state management function; and the units referred to in Clauses 22 thru 26 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 Vietnam Nationalities Village for Ethnic Culture and Tourism and a list of other non-business units attached to 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, other than those referred to in Clauses 19, 20 and 21 of this Article.

The Science, Technology and Environment Department, the Organization and Personnel Department and Legal Affairs Department may have 3 divisions; the Planning and Finance Department, 7; the Inspectorate, 5; and the Office, 9.

The Cultural Heritage Department, the Cinematography Department, the International Cooperation Department and the Fine Arts, Photography and Exhibition Department may have an office and 4 divisions.

The Performing Arts Department may have an office and 5 divisions.

The Copyright Department may have an office and 6 divisions.

The Grassroots Culture Department may have an office and 8 divisions.

Article 4.Effect

1. This Decree takes effect on the date of its signing.

2. This Decree replaces the Government’s Decree No. 76/2013/ND-CP of July16, 2013, defining the functions, tasks, powers and organizational structure of the Ministry of Culture, Sports and Tourism.

Article 5.Implementation responsibility

The Minister of Culture, Sports and Tourism, 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 XUAN PHUC