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| THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
| No.11/2006/ND-CP | Hanoi, January 18, 2006 |
THE GOVERNMENT
Pursuant to the Law on Organization of the Government dated December 25, 2001;
At the proposal of the Minister of Culture and Information,
DECREES:
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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai
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a) This Regulation provides for public cultural activities and provision of public cultural services, including circulation of and dealing in films, video tapes and discs, music and theatrical tapes and discs; art performances, fashion shows; cultural and art exhibitions; organization of festivities; writing and placement of signboards; dancing and karaoke activities, electronic games; cultural services and other recreation and entertainment forms;
b) Places where public cultural activities or cultural services provided for in this Regulation are organized include theaters, cultural houses, cultural centers, clubs, cinemas, hotels, guest houses, rest houses, restaurants, bars, shops, department stores, stadiums, sport competition halls, public squares, public means of transport and other places where public cultural activities or cultural services provided for at Point a, Clause 1 of this Article are organized.
2. Subjects of application:
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The following activities are strictly prohibited:
1. Cultural activities and provision of cultural services with the following contents:
a) Inciting the people to oppose the State of the Socialist Republic of Vietnam; undermining the unity block of all the people;
b) Inciting violence, conducting propaganda for aggressive wars, sowing hatred between nations and people; disseminating reactionary ideas and cultures, depraved lifestyles, criminal acts, social evils, superstitions, acts against fine customs and habits and deteriorating the eco-environment.
c) Disclosing Party and State secrets, military, security, economic and foreign relation secrets, personal privacy and other secrets provided for by law;
d) Distorting history, negating revolutionary achievements, offending personalities, offending the nation, slandering, hurting the honor and reputation of organizations, honor and dignity of individuals.
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3. Organizing cultural activities and commercially providing cultural services in violation of regulations on civilized ways of living, security, order and fire prevention and fight.
CIRCULATION OF AND DEALING IN FILMS AND FILM TAPES AND DISCS
2. Film tapes and discs provided for in this Regulation comprise video tapes, VCDs, DVDs, CD-ROMS, computer discs, IC chips or other materials recorded with feature films, scientific documentaries, animated cartoons and educational films, hereinafter collectively referred to as film tapes and discs.
3. Film tapes or discs used as substitutes for books or accompanying books of publishing houses shall not be regulated by this Regulation.
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a) The Ministry of Culture and Information shall grant permits for circulation of locally produced or imported films or film tapes and discs recorded with locally produced or imported feature films; films and film tapes and discs of documentary, scientific, animated cartoon or educational contents produced or imported by central agencies or organizations;
b) Provincial/municipal Culture and Information Services shall grant circulation permits for films and film tapes and discs of documentary, scientific, animated cartoon or educational contents produced or imported by local organizations or individuals.
3. Procedures for application of permits:
Organizations or individuals that wish to circulate films or film tapes and discs must send dossiers of application for permits to competent state agencies specified in Clause 2 of this Article.
a) A dossier shall comprise:
- An application for a circulation permit for a film, film tape or disc, stating the title, type, origin, content and author of the film;
- Papers proving the ownership of the film.
b) Within 10 (ten) working days after the date of receipt of valid dossiers, competent state agencies shall have to grant permits; in case of refusal to grant permits, they must reply in writing, stating the reason therefor.
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2. Organizations and individuals dealing in reproducing film tapes and discs must not commit the following acts:
a) Reproducing film tapes or discs without written agreement of their copyright owners;
b) Adding, cutting or manipulating pictures or sounds which result in the alteration of the contents of the film tapes or discs already permitted for circulation;
c) Reproducing film tapes or discs subjected to circulation stoppage, withdrawal, confiscation or destruction decisions.
2. Conditions for grant of permits for dealing in sale or rent of film tapes and discs:
a) Having a lawful location;
b) Having a record player and monitor for checking the content and technical quality of tapes and discs.
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a) A dossier shall comprise:
- An application for a permit (made according to a form set by the Ministry of Culture and Information);
- Documents proving the right to use the business place according to the provisions of law.
b) Within 7 (seven) working days after the date of receipt of valid dossiers, provincial/municipal Culture and Information Services shall have to grant permits; in case of refusal to grant permits, they must reply in writing, stating the reason therefor.
4. Owners of shops or agents for sale and rent of video tapes and discs may only sell and rent film tapes and discs already permitted by competent state agencies for circulation and stuck with control labels according to regulations.
2. Open-air public film or film tape and disc showing places, both fixed and mobile, and public means of transport may only show films and film tapes and discs already permitted for circulation and stuck with control labels according to regulations and must ensure order in public places.
3. Open-air public film and film tape and disc showing places must not operate after 00:00 hrs.
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CIRCULATION OF AN DEALING IN MUSIC AND THEATRICAL TAPES AND DISCS
2. Music and theatrical tapes and discs of publishing houses shall not be regulated by this Regulation.
2. The competence to grant circulation permits for music and theatrical tapes and discs is provided for as follows:
a) The Ministry of Culture and Information shall grant permits for circulation of tapes and discs produced or imported by central agencies or organizations;
b) Provincial/municipal Culture and Information Services shall grant circulation permits for tapes and discs produced or imported by local agencies or organizations.
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Organizations or individuals applying for permits shall send dossiers to competent state agencies specified in Clause 2 of this Article.
a) A dossier shall comprise:
- An application for a circulation permit for a music or theatrical tape or disc, stating the content (theme) and title of works, authors and origin;
- Papers proving the ownership of the product.
b) Within 7 (seven) working days after the date of receipt of valid dossiers, competent agencies shall have to grant permits; in case of refusal to grant permits, they must reply in writing, stating the reason therefor.
2. Organizations and individuals playing musical or theatrical tapes and discs in public places or on public means of transport may only play those permitted for circulation and stuck with control labels according to regulations.
3. Organizations and individuals dealing in reproducing, selling and renting music and theatrical tapes and discs must not commit the following acts:
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b) Adding, cutting or manipulating pictures or sounds which result in the alteration of the contents of the tapes or discs already permitted for circulation;
c) Reproducing tapes or discs subjected to circulation stoppage, withdrawal, confiscation or destruction decisions.
ART PERFORMANCES, FASHION SHOWS
a) The Ministry of Culture and Information shall grant permits to art troupes of central agencies or foreign art troupes giving performances under cultural cooperation programs between central agencies and foreign countries;
b) Provincial/municipal Culture and Information Services shall grant permits to local art troupes, foreign art troupes and individual performers giving performances in localities not falling into the case stated at Point a, Clause 1 of this Article, Vietnamese individual performers (other than art troupes) giving performances in localities; fashion shows in localities.
2. Procedures for grant of public performance permits:
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a) A dossier of application for a public performance permit shall comprise:
- An application for a public performance circulation permit (stating the names of the performance and performance items, authors, directors and performers);
- A written commitment not to violate the provisions of Article 4 of this Regulation when organizing performances.
b) Within 7 (seven) working days after the date of receipt of valid dossiers, competent state agencies shall have to grant permits; in case of refusal to grant permits, they must reply in writing, stating the reason therefor; where it is necessary to preview the programs before granting permits, the applying organizations or individuals shall have to create conditions for competent state agencies to preview.
2. Owners of hotels, restaurants or bars that organize performances given by foreign art troupes or artists at their establishments without sale of tickets must make registration thereof with provincial/municipal Culture and Information Services.
Past 7 (seven) working days after the date of registration, if provincial/municipal Culture and Information Services give no opinion, registrants shall be allowed to organize performances according to the registered contents. Registration procedures shall be stipulated by the Ministry of Culture and Information.
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1. Not to issue tickets in excess of the number of seats, the accommodating capacity or the number permitted by competent agencies; to ensure conditions for fire prevention and fight.
2. The volume of sound that leaks out of performance venues shall not exceed the permitted maximum noise level.
3. Not to admit drunkards or drug users to enter art performance or fashion show venues.
4. There must be rules on civilized manners posted up at art performance or fashion show venues.
1. To strictly observe the contents of public performance permits and relevant provisions of law.
2. Not to commit the following acts:
a) Requesting or permitting performers to use costumes or made-ups inappropriate to fine customs and practices of the nation;
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c) Using pre-recorded sounds to replace the voices of performers;
d) Organizing performances for those who have been banned from giving performances by competent state agencies;
e) Running advertisements with the names of artists or art establishments that do not actually participate in performance; with titles or artistic achievements not true to those actually conferred by the State or functional agencies to artists.
f) Operating after 00:00 hrs without permission of provincial/municipal Culture and Information Services.
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a) The Ministry of Culture and Information shall grant permits to fine-art exhibitions, photo exhibitions of central agencies, fine-art
exhibitions, photo exhibitions or book, newspaper or other cultural product exhibitions of foreign organizations or individuals in Vietnam;
b) Provincial/municipal Culture and Information Services shall grant permits to fine-art exhibitions, photo exhibitions of local organizations or individuals; fine-art exhibitions, photo exhibitions of central agencies, foreign organizations or individuals in localities when authorized by the Ministry of Culture and Information.
2. Procedures for grant of exhibition permits:
Organizations or individuals wishing to organize cultural or art exhibitions must send dossiers of application for exhibition permits to competent state agencies specified in Clause 1 of this Article.
a) A dossier of application for a permit shall comprise:
- An application for an exhibition permit (stating the expected time and venue of the exhibition);
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- The form of invitation card, catalogs (if any) in Vietnamese and a foreign language;
- A written commitment not to violate the provisions of Article 4 of this Regulation when organizing performances.
b) Within 10 (ten) working days after the date of receipt of valid dossiers, competent state agencies shall have to grant permits; in case of refusal to grant permits, they must reply in writing, stating the reason therefor.
1. Exhibits and documents on display must be compatible with the exhibition's theme and content, originated from or under lawful ownership or use rights of the organizers.
2. The area of the exhibition venue must be appropriate to the characteristics and scope of the exhibition; ensure order, security, social safety, traffic safety and environmental sanitation; ensure conditions for fire prevention and fight.
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4. Organizations or individuals that have made registration for exhibitions or granted exhibition permits shall have to:
a) Ensure that the content and form of display of exhibitions be consistent with the registered dossiers or granted exhibition permits;
b) After making registration or being granted permits, if wishing to change the content, display design, venue or time of exhibitions, they must send written requests therefor to competent state agencies which have effected registration or granted permits and may effect the changes only after obtaining written approval from such agencies;
c) Where competent state agencies, which have effect exhibition registration or granted exhibition permits need to preview the exhibition contents before the opening date of exhibition, exhibition-organizing organizations or individuals shall have to create conditions for such agencies to preview at least 5 (five) days before the opening date of exhibition.
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a) Festivities are organized for the first time;
b) Festivities are restored after many years' interruption;
c) Periodically organized festivities are changed in their traditional content and/or time;
d) Festivities of foreign origin are organized by foreign or Vietnamese organizations.
2. Procedures for application of permits for organization of festivities: Agencies or organizations wishing to organize festivities defined in Clause 1 of this Article must send dossiers of application for permits to provincial/municipal Culture and Information Services of localities where festivities are to be organized at least 45 (forty five) working days before the expected date of opening of such festivities.
a) A dossier of application for a festivity organization permit shall comprise:
- An application for a festivity organization permit (clearly stating the content of the festivity or the change in the traditional content of the festivity, time and venue of organization, a plan on the setting up of an organizing committee, and necessary conditions for ensuring security and order in the festivity venue);
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b) Within 15 (fifteen) working days after the date of receipt of valid dossiers, provincial/municipal Culture and Information Services shall have to submit their proposals to provincial/municipal People's Committees. Within 15 (fifteen) working days after the date of receipt of such proposals, provincial/municipal People's Committees shall have to grant festivity organization permits; in case of refusal to grant permits, they must reply in writing, stating the reason therefor.
1. Traditional festivities, which have been organized on a regular, continuous or periodical basis; cultural and tourist festivities.
2. Festivities defined at Points a, b and c, Clause 1, Article 24 of this Regulation which are organized from the second time on.
Festivity organizations must implement the following provisions:
1. To set up an organizing committee.
2. Festive rituals must be solemnly practiced in a traditional manner under the guidance of competent state agencies in charge of culture and information.
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4. Folk games, cultural performances and sports organized in the festivity area must be of useful and healthy content appropriate to the scope, nature and characteristics of each festivity.
5. Revenues from donations, charities, financial supports and other sources from the organization of festivities must be managed and used in accordance with the provisions of law.
WRITING AND PLACEMENT OF SIGNBOARDS
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a) A signboard must be beautifully designed;
b) A signboard must be written in Vietnamese; in case of necessity to show the abbreviated names and international transaction names, foreign names or words, they must be written below Vietnamese words and in a smaller size.
2. Position of signboards:
A signboard must be written, placed very close to the gate or on the front of the head office or business place of the organization or individual; each agency or organization must only have one signboard written or placed at its gate; at the head office or business place independent from other organizations or individuals, only one horizontal signboard and no more than two vertical signboards can be placed.
3. Contents of signboards:
a) The name of the direct managing agency (if any);
b) The full Vietnamese name consistent with the establishment decision or business registration certificate granted by a competent agency;
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d) Major trades or business lines (for goods production and business or service-providing establishments);
e) The type of enterprise (state enterprise, private company, limited liability company, joint-stock company, partnership, joint-venture company or company with 1 00% foreign capital); or cooperative;
f) The signboard may show the logo already registered with a competent agency but not any advertisement for any kind of goods or service.
Conditions for grant of dancing hall business permits
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2. Persons directly managing activities in dancing halls must have an intermediate or higher degree in culture or arts.
3. Equipment and facilities of dancing halls must ensure sound quality.
4. Compliance with the local dancing hall planning.
Procedures for grant of dancing hall business permits:
1. If owners of hotels, cultural houses or cultural centers that meet all conditions defined in Clauses 1, 2 and 3, Article 32 and Clauses 2 and 3, Article 34 of this Regulation wish to deal in dancing halls, they must send applications for permits to provincial/municipal Culture and Information Services in their localities.
2. Within 10 (ten) working days after the date of receipt of applications, provincial/municipal Culture and Information Services shall have to grant business permits; in case of refusal to grant permits, they must reply in writing, stating the reason therefor.
When operating dancing halls, dancing hall owners must observe the following provisions:
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2. To ensure that the light in dancing halls must be more than 1 0 lux, equivalent to a 40W incandescent light per 20 m2.
3. To ensure that the volume of sound leaking out of dancing halls must not exceed the minimum noise limit prescribed by the State.
4. To use only songs and musical works permitted for dancing and dancers must wear decent costumes.
5. Not to let drunkards and users of drugs or other banned stimulants stay in dancing halls.
6. Not to let persons aged under 18 years work or dance in dancing halls.
7. To ensure security and order conditions defined in Article 4 of the Government's Decree No. 08/2001/ND-CP dated February 22, 2001, defining security and order conditions for a number of conditional business lines.
8. If employing employees, to sign labor contracts with them and manage their activities under the provisions of the Government's Decree No. 44/2003/ND-CP dated May 9, 2003, detailing and guiding the implementation of a number of articles of the Labor Code regarding labor contracts.
9. Not to operate from after 00:00 to 8:00 hrs.
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Conditions for grant of karaoke permits
1. Karaoke parlors must be at least 200 m far from schools, hotels, religious and belief establishments, historical-cultural relics and state administrative agencies.
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3. The door of a karaoke room must be made of transparent glass, allowing a full view of the entire room from outside.
4. Interior door locks or bolts or alarming devices must not be installed in order to cope with inspection activities conducted by competent state agencies.
5. For karaoke parlors located in residential quarters, written agreement of families living in adjacent houses is required.
6. Compliance with the local karaoke business planning.
Procedures for grant of karaoke business permits:
1. If organizations or individuals that meet all conditions defined in Clauses 1, 2, 3, 4 and 5, Article 38 and Clauses 1 and 2, Article 40 of this Regulation wish to deal in karaoke, they must send applications for business permits to the provincial/municipal Culture and Information Services or authorized district agencies.
2. Within 10 (ten) working days after the date of receipt of applications, provincial/municipal Culture and Information Services or authorized district agencies shall have to grant business permits; in case of refusal to grant permits, they must reply in writing, stating the reason therefor.
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1. To ensure that the light in karaoke rooms must be more than 1 0 lux, equivalent to a 40W incandescent light per 20 m2.
2. To ensure that the volume of sound leaking out of karaoke rooms must not exceed the minimum noise limit prescribed by the State.
3. Karaoke tapes and discs used in karaoke rooms must be stuck with control labels according to regulations. If using IC chip players, the IC chips' song lists must be permitted and affixed with a red seal on every page by provincial/municipal Culture and Information Services in the concerned localities for use.
4. Not to sell alcohol or let customers drink alcohol in karaoke rooms.
5. To ensure security and order conditions defined in Article 4 of the Government's Decree No. 08/2001/ND-CP dated February 22, 2001, defining security and order conditions for a number of conditional business lines.
6. Each karaoke room may only be serviced by only one employee aged 18 years or older; for hired employees, labor contracts must be signed with them and they shall be managed under the provisions of the Government's Decree No. 44/2003/ND-CP dated May 9, 2003, detailing and guiding the implementation of a number of articles of the Labor Code regarding labor contracts.
7. Not to operate from after 00:00 to 8:00 hrs.
8. Karaoke venues located in rural areas or thinly populated areas shall not have to observe the provision of Clause 2 on the sound volume but must comply with the provisions of Clauses 1, 3, 4, 5, 6 and 7 of this Article.
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ELECTRONIC GAMES AND OTHER ENTERTAINMENT ACTIVITIES
a) Electronic game shops must be at least 200 m far from primary, lower and higher secondary schools; ensuring order and traffic safety;
b) Equipment must ensure audio and video quality and their forms suitable to Vietnam's aesthetic tastes.
2. When operating electronic games, organizations and individuals dealing in electronic games must observe the following provisions:
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b) Not to operate after 23:00 hrs.
3. Dealing in electronic games of gambling nature is strictly forbidden.
2. People's Committees of provinces and centrally run cities shall have to direct, guide and inspect the implementation of cultural activities and commercial provision of cultural services in their respective localities in accordance with the provisions of this Regulation.
- 1Decree No. 87-CP of December 12, 1995, on strengthening the management of cultural activities and cultural services and promoting the fight against a number of serious social evils.
- 2Decree No. 96/2007/ND-CP of June 06, 2007, detailing and guiding the imple-mentation of a number of articles of the Cinematography Law.
- 3Decree No. 103/2009/ND-CP of November 06, 2009, promulgating the regulation on cultural activities and commercial provision of public cultural services
- 4Decree No. 103/2009/ND-CP of November 06, 2009, promulgating the regulation on cultural activities and commercial provision of public cultural services
Decree of Government No.11/2006/ND-CP of January 18, 2006 promulgating the regulation on public cultural activities and commercial provision of public cultural services
- Số hiệu: 11/2006/ND-CP
- Loại văn bản: Nghị định
- Ngày ban hành: 18/01/2006
- Nơi ban hành: Chính phủ
- Người ký: Phan Văn Khải
- Ngày công báo: Đang cập nhật
- Số công báo: Đang cập nhật
- Ngày hiệu lực: Kiểm tra
- Tình trạng hiệu lực: Kiểm tra