Thông tư 04/2009/TT-BVHTTDL hướng dẫn Quy chế hoạt động văn hoá kinh doanh dịch vụ văn hóa công cộng

CIRCULAR

DETAILING THE REGULATION ON CULTURAL ACTIVITIES AND COMMERCIAL PROVISION OF PUBLIC CULTURAL SERVICES PROMULGATED TOGETHER WITH THE GOVERNMENT'S DECREE NO. 103/2009/ND-CP OF NOVEMBER 6, 2009

THE MINISTRY OF CULTURE. SPORTS AND TOURISM

Pursuant to 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;
Pursuant to the Government's Decree No. 103/2009/ND-CP of November 6, 2009, promulgating the Regulation on cultural activities and commercial provision of public cultural services;
The Ministry of Culture, Sports and Tourism details a number of provisions of the Regulation on cultural activities and commercial provision of public cultural services promulgated together with the Government's Decree No. 103/2009/ND-CP of November 6, 2009.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Circular details the following contents of the Regulation on cultural activities and commercial provision of public cultural services promulgated together with Decree No. 103/2009/ND-CP:

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b/ Provisions on circulation of and dealing in music and theatrical tapes and discs;

c/ Provisions on organization of festivities;

d/ Provisions on dance hall activities;

e/ Provisions on karaoke activities;

f/ Provisions on video games:

g/ Provisions on mass art performance.

2. The following activities comply with separate detailing documents on each field promulgated by the (former) Ministry of Culture and Information and the Ministry of Culture, Sports and Tourism:

a/ Professional art performance;

b/ Beauty contests;

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d/ Culture and art exhibitions;

e/ Building of monuments and mural painting:

f/ Creation and exhibition of propaganda posters;

g/ Sculpture;

h/ Photography;

i/ Music and dancing teaching outside public training institutions:

j/ Some other cultural activities and commercial provision of other cultural services.

Article 2. Interpretation of terms

A number of terms used the Regulation on cultural activities and commercial provision of public cultural services promulgated together with Decree No. 103/2009/ND-CP (below referred to as the Regulation) are construed as follows:

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a/ Other cultural services include sound recording (music and word recording studios); image recording (with a camera); portraying, painting, picture copying; sculpture; production of votive papers; dancing and music teaching.

b/ Other forms of recreation and entertainment include folk games, mass art performance and forms of cultural recreation and entertainment.

c/ Cultural activities, cultural services and forms of entertainment and recreation other than those specified at Points a and b of this Clause.

2. Festivities under Clause 1, Article 17 of the Regulation

a/ Traditional festivities are those held in honor of people with contributions to the country and community; or in worship of gods, saints and traditional symbols, and other folk belief activities representing historical, cultural and social ethic values.

b/ Historical and revolutionary festivities are those held in honor of historical and revolutionary personalities and events.

c/ Cultural, sport and tourist festivities are those held to promote culture, sports and tourism, including cultural, sport and tourist festivals, culture, sports and tourism weeks, and culture and tourism weeks, months and years.

d/ Festivities of foreign origin organized in Vietnam are those held by Vietnamese or foreign organizations lawfully operating in Vietnam to introduce foreign cultural values to the Vietnamese public.

3. Dancing under Articles 24 and 27 of the Regulation is an art which is demonstrated through dances with combined movements of hands, legs and body in musical rhythms performed by a couple or group of men and women for recreational, emotional or aesthetic purposes.

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5. Schools under Clause 1, Article 24, and Clause 4, Article 30. of the Regulation include kindergartens, preschools, and primary, lower secondary and upper secondary schools in the national education system.

Article 3. Prohibitions on cultural activities and commercial provision of public cultural services

1. Cultural activities and commercial provision of public cultural services inciting violence and propagandizing criminal acts under Point b. Clause 1. Article 3 of the Regulation are those which contain images, words, sounds and acts demonstrating savage and cruel beating, torturing and murder and other acts offending human dignity and contrary to Vietnamese people's traditional love for peace and humanity not for the purposes of denouncing crimes and promoting justice, including:

a/ Blood and flesh fly, cutting of human body;

b/ Cruel stabbing, punching or beating;

c/ Awful or horrible scenes or writhing or pains of humans;

d/ Satisfaction and delight of criminals;

e/ Other criminal acts.

2. Cultural activities and public cultural services demonstrating depraved lifestyles under Point b, Clause 1, Article 3 of the Regulation are those containing sexy, obscene, debauched, immoral or incestuous images, words, sounds and acts contrary to Vietnamese people's ethic tradition and fine customs and practices, including:

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b/ Describing nudity or sexy sights without nudity;

c/ Describing sex desire.

3. When a cultural product or activity contains the contents specified in Clause 2 of this Article in order to clearly demonstrate characteristics of characters, such contents must be relevant to the theme of the work or specific activity.

4. Cultural activities and services with superstitious contents under Point b. Clause 1, Article 3 of the Regulation are those with contents of unnaturally bewitching others to adversely affect their consciousness, including making offerings to expel evil spirits, treating diseases through incantation, going into trances to make orders, telling fortune, resorting to sortilege, shaking divinatory wands, spreading prophesies, reciting incantation, exorcizing amulets to harm others for self-interest, burning
votive papers in public places and other forms of superstition.

Chapter II

SPECIFIC PROVISIONS

Article 4. Competence and procedures to grant circulation permits and control labels for music and theatrical tapes and discs

1. Widely circulated music and theatrical tapes and discs under Clause 1, Article 5 of the Regulation are those being circulated in 50 copies or more.

2. Organizations and individuals licensed to circulate music and theatrical tapes and discs under Point c. Clause 2. Article 5 of the Regulation shall deposit two licensed tapes or discs right after receiving permits.

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4. The origin of music and theatrical tapes and discs under Point a, Clause 3, Article 5 of the Regulation must be clearly indicated as manufactured by or purchased from domestic owners or as imports.

5. Past the time limit for preservation of deposited music and theatrical tapes and discs under Point c. Clause 2, Article 5 of the Regulation, the director of the Performing Art Department and directors of provincial-level Culture, Sports and Tourism Departments shall dispose of these tapes and discs and report such to the Minister of Culture. Sports and Tourism, and chairpersons of provincial-level People's Committees respectively.

Article 5. Mass art performance

1. Agencies, organizations and individuals organizing mass art performances (below referred to as mass art performance organizers) are not required to apply for a performance permit, but shall comply with Clauses 2 and 3, Article 9, and Points a. c and f, Article 10. of the Regulation, and the following provisions:

a/ Mass art performance organizers shall take responsibility for performances organized in residential quarters or within their agencies or organizations to perform their political tasks or to meet their cultural and art needs;

b/ When organizing mass art performances outside their agencies or organizations, organizers shall notify such in writing to district-level Culture. Sports and Tourism Divisions of the localities where the performances will be organized at least 7 days before the date of performance. Such notice must specify the purpose, scope, program contents, time and place of the performance;

c/ Vietnamese agencies or organizations that join foreign agencies or organizations operating in Vietnam in organizing mass art performances shall notify such in writing to provincial-level Culture. Sports and Tourism Departments of the localities where the performances will be organized at least 10 days before the date of performance. Such notice must contain the details specified at Point b of this Clause;

d/ A foreign agency or organization operating in Vietnam shall collaborate with a Vietnamese cultural-art agency or organization in organizing a mass art performance outside its agency or organization and this Vietnamese agency or organization shall notify such performance in writing to the provincial-level Culture. Sports and Tourism Department of the locality where the performance will be organized as prescribed at Point c of this Clause.

2. Mass art festivals

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b/ The organization of, and formation of organizing committees for, regional mass art festivals (participated by different provinces) shall be decided by chairpersons of provincial-level People's Committees of the host localities;

c/ The organization of, and formation of organizing committees for, national mass art festivals shall be decided the Minister of Culture. Sports and Tourism;

d/ The organization of, and formation of organizing committees for, mass art festivals of sectors and mass organizations at administrative levels shall be decided by heads of sectors or mass organizations of the same administrative level. Decisions on the formation of organizing committees and organization plans shall be sent to culture, sports and tourism state management agencies of the same level at least 15 days before the opening of the festival;

e/ The organizer of a mass art festival participated by a foreign mass art troupe shall notify such participation in writing to the culture, sports and tourism state management agency of the same level. Such notice must specify the foreign participant, purpose, scope, program, time and place of the performance. When the state management agency in charge of culture, sports and tourism is unidentified, such notice shall be sent to the Culture, Sports and Tourism Department of the locality where the festival will be organized.

3. Organization and operation of mass art troupes

a/ Mass art troupes must be lawfully established;

b/ Mass art troupes performing in other localities shall notify in writing their performance to district-level Culture, Sports and Tourism Divisions of the localities where they will perform at least 10 days before the date of performance. Such notice must specify the performance program, time and place; performance for exchange or commercial purpose; and performance organizers, enclosed with a copy of the public performance permit in case of commercial purpose under Point c of this Clause;

c/ Contents of commercial performances by mass art troupes must be approved and licensed by provincial-level Culture, Sports and Tourism Departments of the localities where the performances will be organized as for professional art performances.

Article 6. Procedures to register for organization of art performances at hotels, restaurants and bars

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1. A performance organizer shall submit a written registration to the Culture, Sports and Tourism Department at least 10 days before the date of performance.

2. The written registration must specify the title and contents of the program or performance; a list of authors, directors, choreographers, music composers, artists, and performers; and performance time and place (made according to Form No. 1 attached to this Circular).

3. The Culture, Sports and Tourism Department receiving the registration shall record such receipt and grant the registrant a receipt slip (made according to Form No. 2 attached to this Circular).

Article 7. Provisions on written reports on festivity organization

Organization of festivities free from licensing under Article 19 of the Regulation shall be reported in writing to competent state agencies as follows:

1. At least 30 days before the opening of a festivity, its organizer shall submit a report to:

a/ The district-level Culture and Information Division, for a festivity organized by the commune level;

b/ The provincial-level Culture. Sports and Tourism Department, for a festivity organized by the district level.

2. A report must specify the time, place, contents, program and script (if any) of the festivity; the decision to form the festivity-organizing committee and a list of committee members.

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Article 8. Civilized manners in festivities

Festivity attendants must have proper civilized manners in festivities under Article 21 of the Regulation as follows:

1. Strictly observing festivity-organizing committees' rules for festivity attendants.

2. Dressing in conformity with national fine customs and habits;

3. Not carrying out superstitious activities; not organizing or participating in gambling in any form;

4. Not causing disorder or insecurity; not obstructing traffic and public activities;

5. Keeping the festivity environment clean and complying with rules of festivity-organizing committees and relic management committees in relics.

Article 9. Writing and placement of signboards

The name of the direct managing agency written on the signboard under Point a. Clause 3, Article 23 of the Regulation is that of the immediate superior agency which directly decides on the organization of, personnel, budget or give entitlements and policies to the agency or organization writing and placing the signboard, For example, the Ministry of Culture. Sports and Tourism is the direct managing agency of the Culture newspaper; the Hanoi People's Committee is the direct managing agency of the Hanoi Education and Training Department: the National University of Hanoi is the direct managing agency of the Social Sciences and Humanities College; Corporation X is the direct managing agency of Company Y.

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Article 10. Conditions on dance hall business

1. Cultural houses and cultural centers applying for dance hall business permits must be legal entities under Article 84 of the 2005 Civil Code.

2. The distance of 200 m or more under Clause 1, Article 24 of the Regulation is measured along the road, from the door of a dance hall to the gate of a school, hospital, religious or belief institution, historical-cultural relic, or administrative state agency. This distance applies only when the school, hospital, religious or belief institution, historical-cultural relic, or administrative state agency exists prior to a business place owner's registration for business or application for a business permit.

3. The intermediate or higher degree in culture or arts required for persons directly managing activities in dance halls under Clause 2, Article 24 of the Regulation is that in performing art, aesthetics, cinematography or mass culture and culture administration.

4. The volume of sound leaking out of a dance hall which must not exceed the noise limit set by the State under Clause 3, Article 27 of the Regulation is measured outside the window and door of the dance hall.

Article 11. Scope of dance hall business

The scope of dance hall business under Article 26 of the Regulation is construed that business may be permitted only at establishments fully meeting the conditions specified in Article 24 and Clause 1, Article 25, of the Regulation. Organizations and individuals organizing or allowing dancing for customers for commercial purpose outside those establishments are all regarded as violating Article 26 of the Regulation.

Article 12. Karaoke business conditions and activities

1. Star- or luxury-graded hotels are not required to apply for a business permit when running karaoke business under Clause 3. Article 66 of the June 14, 2005 Tourism Law, but must fully meet the conditions specified in Clauses 1, 2, 3, 4 and 6, Article 30 of the Regulation;

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3. The distance of 200 m or more under Clause 4, Article 30 of the Regulation applies as prescribed in Clause 2. Article 10 of this Circular;

4. The operation of a karaoke parlor in a residential quarter must be agreed in writing by adjacent households under Clause 5. Article 30 of the Regulation as follows:

a/ An adjacent household means a household with their house walls adjacent to the walls of a karaoke room or with adjacent land on which is located a house with walls less than 5 m away from the walls of a karaoke room:

b/ An adjacent household's agreement on the operation of a karaoke dealer is required when this household has lived prior to the dealer's application for a business permit.

When an adjacent household is built or its owner has the right to live in it after the karaoke dealer obtains a business permit, this household is not entitled to the right defined in Clause 5, Article 30 of the Regulation;

c/ An adjacent household's written agreement on the operation of a karaoke parlor, which must be certified by the commune, ward or township People's Committee, shall be included in the business permit application dossier by the applicant and remains valid throughout the business duration specified in the permit;

d/ An adjacent household which neither agrees in writing nor disagrees on the operation of a karaoke parlor is regarded as having no opinion and such must be certified in writing. This written certification is understood as the adjacent household does not use the right defined in Clause 5, Article 30 of the Regulation.

5. The volume of sound leaking out of a karaoke room which must not exceed the noise limit set by the State under Clause 2, Article 32 of the Regulation is measured outside the window and door of the karaoke room.

6. A karaoke parlor with many rooms must have these rooms numbered or named.

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A commercial service provider which provides free karaoke service in its business place for its customers but only collects charges for food, drinks or other services at the karaoke room must meet all the conditions on karaoke business specified in Article 30 and obtain a permit under Clause 1, Article 31 of the Regulation.

Article 13. Dossiers and procedures of application for dance hall and karaoke business permits

Dossiers and procedures of application for dance hall and karaoke business permits under Clause 2, Article 25, and Clause 2, Article 31, of the Regulation are as follows:

1. An applicant for a dance hall business permit shall submit a permit application dossier to the provincial-level Culture. Sports and Tourism Department: and an applicant for a karaoke business permit, to the provincial-level Culture, Sports and Tourism Department or the district-level business permit granting agency as decentralized by the provincial-level People's Committee.

2. A dossier comprises:

a/ An application for a business permit (made according to Form No. 3 or No. 5 attached to this Circular);

b/ A legally valid copy of the business registration certificate;

c/ The contract between the permit applicant and the manager of the dance hall enclosed with legally valid copies of the latter's diplomas (for dance hall business);

d/ The written agreement of adjacent households or written certification of adjacent households' no opinion on the operation of the karaoke parlor (for karaoke business).

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Article 14. Video game business conditions and activities

1. Video game activities under the Regulation include both online games and games using machines not connected with the internet, but exclude prize-winning video games for foreigners.

2. The distance of 200 m or more defined at Point a. Clause 1, Article 35 of the Regulation is measured from a video game shop to the gate of a primary school or lower or upper secondary school.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 15. Effect

1. This Circular takes effect on January 1, 2010.

2. The following documents are annulled:

a/ The Culture Minister's Decision No. 165/VH-QD of August 18, 1987, promulgating the Regulation on mass art performance festivals:

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c/ The Culture and Information Ministry's Circular No. 35/2002AT-BVHTT of December 20, 2002, additionally guiding a number of provisions on cultural activities and cultural services in public places of the Regulation promulgated together with the Government's Decree No. 87/CP of December 12, 1995;

d/ The Culture and Information Ministry's Circular No. 69/2006AT-BVHTT of August 28, 2006, guiding a number of provisions on dance hall, karaoke and video game business of the Regulation on cultural activities and commercial provision of public cultural services promulgated together with the Government's Decree No. 11/2006/ND-CP of January 18, 2006.

3. Regulations previously promulgated by the Ministry of Culture and Information or the Ministry of Culture. Sports and Tourism which are not contained in the documents specified in Clause 2 of this Article and are contrary to this Circular are all annulled.

4. In the course of implementation, any arising problems should be promptly reported to the Ministry of Culture. Sports and Tourism for study and amendment.-

MINISTER OF CULTURE, SPORTS AND TOURISM




Hoang Tuan Anh

* All the forms attached to this Circular are not printed herein.