Decree 89/2023/ND-CP amend Decree 72/2016/ND-CP on photographic activities, Decree 126/2018/ND-CP establish foreign cultural institutions in Vietnam

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 72/2016/ND-CP of July 1, 2016, on photographic activities and Decree No. 126/2018/ND-CP of September 20, 2018, prescribing the establishment and operation of Vietnam-based foreign cultural institutions^[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 amending and supplementing a number of articles of the Government’s Decree No. 72/2016/ND-CP of July 1, 2016, on photographic activities and Decree No. 126/2018/ND-CP of September 20, 2018, prescribing the establishment and operation of Vietnam-based foreign cultural institutions.

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 72/2016/ND-CP of July 1, 2016 on photographic activities

1. To amend and supplement Clause 1, Article 9 as follows:

“1. A photo creation, camp, contest or festival organizer in Vietnam shall hand-deliver or send by post or via electronic means a written notice to the competent state agency under Clause 3 of this Article.”.

2. To amend and supplement Point b, Clause 3, Article 9 as follows:

“b/ Provincial-level Departments of Culture, Sports and Tourism/provincial-level Departments of Culture and Sports shall receive written notices of photo creation, camp, contest or festival organizers in Vietnam other than those specified at Point a of this Clause.”.

3. To amend and supplement Clauses 2 and 3, Article 10 as follows:

“2. An organization (ministry, department, sector or mass organization) on behalf of Vietnam bringing photographic works to a foreign contest or festival shall hand-deliver or send by post or via electronic means a written notice to the competent state agency specified in Clause 4 of this Article.

3. The written notice must clearly state information about the photo contest or festival organizer, and the name, theme, contents, time, and venue of such contest or festival.

The written notice must be enclosed with:

a/ A list of photographic works in Vietnamese (specifying the numerical order and name of works and name of authors);

b/ Photos with captions to be sent to the contest or festival: Photos printed on paper with the minimum size of 13x18cm or recorded on CDs (for hand-delivery or submission by post), photos in JPG or PDF format (for electronic submission);

c/ An invitation letter and competition or festival rules that have been translated into Vietnamese.”.

4. To amend and supplement Clause 3, Article 11 as follows:

“3. An exhibition organizer shall hand-deliver or send by post or via electronic means 1 set of dossier of application for a license to the competent state agency specified in Clause 4 of this Article. A dossier of application for a license must comprise:

a/ A written application for a license to organize a photo exhibition in Vietnam, made according to Form No. 01 provided in the Appendix to this Decree;

b/ A list of photographic works in Vietnamese (specifying the numerical order and name of works, name of authors, materials, sizes and quantity);

c/ To-be-exhibited photos with captions: Photos printed on paper with the minimum size of 13x18cm or recorded on CDs (for hand-delivery or submission by post), photos in JPG or PDF format (for electronic submission);

d/ In case a photo exhibition is organized in a venue other than an exhibition house, a written approval from the owner of the venue where the exhibition will take place is required.

dd/ For a nude photographic work that reveals the model’s identity, a written agreement between the photographer and the model regarding the content of the shooting and the time and scope of publication of the work is required.”.

5. To amend and supplement Point b, Clause 4, Article 11 as follows:

“b/ Provincial-level Departments of Culture, Sports and Tourism/Provincial-level Departments of Culture and Sports shall grant licenses to organize photo exhibitions in cases other than those specified at Point a of this Clause.”.

6. To amend and supplement Clause 5, Article 11 as follows:

5. Within 3 working days after receiving a dossier of application for a license, the state agency competent to receive the dossier shall send to the applicant a written notice of the receipt of the dossier, made according to Form No. 06 provided in the Appendix to this Decree.”.

7. To amend and supplement Clause 3, Article 12 as follows:

“3. An organization or individual bringing a photographic work to a foreign exhibition shall hand-deliver or send by post or via electronic means 1 set of dossier of application for a license to the competent state agency specified in Clause 4 of this Article. A set of dossier must comprise:

a/ An application for a license to exhibit photographic works abroad, made according to Form No. 03 in the Appendix to this Decree;

b/ A list of photographic works in Vietnamese (specifying the numerical order and name of works, name of authors, materials, sizes, quantity);

c/ To-be-exhibited photos with captions: Photos printed on paper with the minimum size of 13x18cm or recorded on CDs (for hand-delivery or submission by post), photos in JPG or PDF format (for electronic submission);

d/ An invitation letter, a notice, a photo book (if any), and a written agreement or contract signed with foreign partners, translated into Vietnamese;

dd/ For a nude photographic work that reveals the model’s identity, a written agreement between the photographer and the model regarding the content of the shooting and the time and scope of publication of the work is required.”.

8. To amend and supplement Point b, Clause 4, Article 12 as follows:

“b/ Provincial-level Departments of Culture, Sports and Tourism/Provincial-level Departments of Culture and Sports shall grant licenses to exhibit photographic works abroad in cases other than those specified at Point a of this Clause.”.

9. To amend and supplement Clause 5, Article 12 as follows:

“5. Within 3 working days after receiving a dossier of application for a license, the state agency competent to receive the dossier shall send to the applicant a written notice of the receipt of the dossier, made according to Form No. 06 in the Appendix to this Decree.”.

10. To replace the phrase “state management agencies” in Clause 1, Article 11; Clause 1, Points a and b, Clause 3, Article 13; Clause 1 and Point a, Clause 3, Article 14 with the phrase “state agencies”.

Article 2. To amend and supplement a number of articles of the Government’s Decree No. 126/2018/ND-CP of September 20, 2018, prescribing the establishment and operation of foreign cultural institutions in Vietnam

1. To amend and supplement Clause 2, Article 12 as follows:

“2. Order, procedures, time limit and competence for grant of a certificate:

a/ The Vietnam-based foreign cultural institution applying for a certificate shall hand-deliver or send by post or via electronic means 1 set of dossier to the provincial-level People’s Committee of the locality where the branch is expected to be located;

b/ In case the dossier is incomplete, within 5 working days after receiving it, the provincial-level People’s Committee shall issue a written notice thereof and hand-deliver it or send it by post or via email to the Vietnam-based foreign cultural institution to request dossier supplementation;

c/ Within 15 working days after receiving a complete dossier, the provincial-level People’s Committee shall grant a certificate, made according to Form No. 07 provided in the Appendix to this Decree, and send a copy of the certificate to the Ministry of Culture, Sports and Tourism. In case of refusal, it shall issue a written reply, clearly stating the reason.”.

2. To amend and supplement Clause 3, Article 13 as follows:

“3. Order, procedures, time limit, and competence for re-grant of a certificate:

a/ The Vietnam-based foreign cultural institution requesting re-grant of a certificate shall hand-deliver or send by post or via electronic means 1 set of dossier to the provincial-level People’s Committee that granted the certificate;

b/ If the dossier is incomplete, within 5 working days after receiving it, the provincial-level People’s Committee shall issue a written notice thereof and hand- deliver it or send it by post or via email to the Vietnam-based foreign cultural institution to request dossier supplementation;

c/ Within 7 working days after receiving a complete dossier, the provincial-level People’s Committee shall re-grant the certificate, made according to Form No. 07 provided in the Appendix to this Decree, and send a copy of the certificate to the Ministry of Culture, Sports and Tourisms. In case of refusal, it shall issue a written reply, clearly stating the reason.”.

3. To amend and supplement Clause 2, Article 14 as follows:

“2. Order, procedures, time limit and competence for extension of a certificate:

a/ If wishing to have its certificate extended, at least 45 days before its certificate expires, a Vietnam-based foreign cultural institution shall hand-deliver or send by post or via electronic means 1 set of dossier to the provincial-level People’s Committee that granted the certificate;

b/ In case the dossier is incomplete, within 5 working days after receiving it, the provincial-level People’s Committee shall issue a written notice thereof and hand-deliver it or send it by post or via email to the foreign cultural institution in Vietnam to request dossier supplementation;

c/ Within 5 working days after receiving a complete dossier, the provincial-level People’s Committee shall extend the certificate, and send a copy of the certificate to the Ministry of Culture, Sports and Tourism. In case of refusal, it shall issue a written reply, clearly stating the reason.”.

4. To annul the phrase “branches” in Clause 2, Article 21.

5. To amend and supplement Article 23 as follows:

“Article 23. Responsibilities of provincial-level People’s Committees

1. To grant, re-grant and extend establishment and operation certificates, and manage, suspend and terminate the operation of branches of Vietnam-based foreign cultural institutions in their localities;

2. To coordinate with the Ministry of Culture, Sports and Tourism and related agencies in managing Vietnam-based foreign cultural institutions and activities carried out by these institutions and their branches in their localities.

3. Annually before December 5, to review the operation of branches of Vietnam-based foreign cultural institutions in a year through November 30, and to send written reports thereof according to the reporting regime of state administrative agencies to the Ministry of Culture, Sports and Tourism.”.

6. To replace the phrase “the Minister of Culture, Sports and Tourism” and “the Ministry of Culture, Sports and Tourism” in Article 19 with the phrase “licensing agencies under Clause 2, Article 5, Clause 3, Article 8 and Clause 2, Article 12 of this Article”.

7. To amend and supplement a number of appendices as follows:

a/ To amend Form No. 03 of the Appendix to Decree No. 126/2018/ND-CP of September 20, 2018, into Appendix I to this Decree;

b/ To amend Form No. 06 of the Appendix to Decree No. 126/2018/ND-CP of September 20, 2018, into Appendix II to this Decree;

c/ To amend Form No. 07 of the Appendix to Decree No. 126/2018/ND-CP of September 20, 2018, into Appendix III to this Decree.

Article 3. Implementation provisions

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

2. Transitional provisions:

a/ Licenses to organize photo exhibitions and certificates of establishment and operation of branches of Vietnam-based foreign cultural institutions granted by competent state agencies before the effective date of this Decree shall remain valid until the expiration dates specified therein;

b/ For cases where dossiers of application for licenses to organize photo exhibitions or certificates of establishment and operation of branches of Vietnam-based foreign cultural institutions are submitted before the effective date of this Decree but licenses or certificates have not been granted, the Government’s Decree No. 72/2016/ND-CP of July 1, 2016, and Decree No. 126/2018/ND-CP of September 20, 2018, shall further apply.

Article 4. Implementation responsibility

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

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
TRAN HONG HA

* The Appendices to this Decree is not translated.