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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom Happiness
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No:
87-CP
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Hanoi,
December 12, 1995
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DECREE
ON STRENGTHENING THE MANAGE- MENT OF CULTURAL ACTIVITIES AND
CULTURAL SERVICES AND PROMOTING THE FIGHT AGAINST A NUMBER OF SERIOUS SOCIAL
EVILS
THE GOVERNMENT
Pursuant to the Law on
Organization of the Government of September 30, 1992;
In order to achieve the objective of eliminating the culture with noxious contents
and a number of serious social evils, make healthy the cultural activities in
the public places, defend and develop the cultural identity and the tradition
of morality of the nation, and step up the economic and social development of
the country;
At the proposal of the Minister of Culture and Information, the Minister of the
Interior, the Minister of Justice, the Minister of Labor, War Invalids and
Social Affairs, the Minister of Trade, the Minister of Health, and the General
Director of the General Tourist Department,
DECREES:
Article 1.- To
issue together with this Decree:
1. "The Regulation on the
circulation of and business activities in films, video tapes and discs, music
tapes and discs; sale and renting of printed matters; cultural activities and
cultural services at public places; advertisements, writing and setting up of
signboards";
2. "Prescriptions of urgent
measures to fight against a number of serious social evils".
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1. The
State agencies, economic organizations, social organizations, armed forces
units and all individuals shall have to seriously implement the regulations of
law on checking, preventing and fighting against noxious culture and social
evils already promulgated, and the Regulation and Prescriptions issued together
with this Decree.
2. The foreign organizations and
individuals residing or operating on Vietnamese territory have the duty to
seriously implement the regulations on cultural and social activities of the
Vietnamese State.
3. The heads of the
administration at all levels of the State agencies, the economic and social
organizations shall take responsibility before law for the cultural activities
and cultural services and the prevention and fight against social evils under
their managerial assignment.
4. The organizations and
individuals who commit violations in the cultural activities and cultural
services and in the prevention and fight against social evils shall be dealt
with strictly under the law.
The organizations and
individuals who make meritorious contributions to the detection and fight and
prevention of the violations shall be appropriately commended and rewarded.
Article 3.-
The Minister of Culture and Information, the Minister of Labor, War Invalids
and Social Affairs, the Minister of the Interior, the Minister of Justice, the
Minister of Trade, the Minister of Health, the General Director of the General
Tourist Department shall have to guide the implementation of the Regulation and
Prescriptions issued together with this Decree.
Article 4.- This
Decree takes effect on the date of its promulgation. The Ministers, the Heads
of ministerial-level agencies, the Heads of the agencies attached to the
Government, the Presidents of the People's Committees of the provinces and
cities directly under the Central Government shall have to implement this
Decree.
The earlier regulations of the
Government which are contrary to this Decree are now annulled.
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ON
BEHALF OF THE GOVERNMENT
THE PRIME MINISTER
Vo Van Kiet
REGULATION
ON THE CIRCU- LATION OF AND BUSINESS ACTIVI- TIES IN FILMS,
VIDEO TAPES AND DISCS, MUSIC TAPES AND DISCS, SALE AND RENTING OF PRINTED
MATTERS; CULTURAL ACTIVITIES AND CULTURAL SERVICES AT PUBLIC PLACES;
ADVERTISEMENTS, WRITING AND SETTING UP OF SIGNBOARDS
(issued
together with Decree No.87-CP of December 12,1995).
Chapter I
GENERAL PROVISIONS
Article
1.-
1. The
cultural activities defined at this Regulation must aim to build an advanced
culture imbued with the national character; educate the population about a
healthy lifestyle and a cultured behavior; inherit and develop the tradition of
humanism, loyal friendship and the fine customs and habits; raise the aesthetic
knowledge and level of the people, check the invasion of cultural products with
noxious contents, and enrich the spiritual life of society, contribute to
promoting the cause of renewal.
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Article
2.- All State agencies, economic organi- zations, social organizations,
armed force units and citizens of Vietnam; all foreign organizations and
individuals in Vietnam must seriously observe the provisions of this
Regulation. Any organization or individual who violates this Regulation shall
be dealt with strictly, the penalties must be handed to the right offender, for
the right offense and in strict compliance with the provisions of law.
Article
3.- The dissemination of the cultural products and the organization of
cultural activities defined in this Regulation which have a depraved and
pornographic content, which incite violence and crime and sabotage the fine
customs and habits of Vietnam are strictly prohibited.
1. The cultural products and cultural
activities having a depraved and pornographic content are products and
activities containing pictures, language, sounds and acts appealing to and
inciting sexuality, debauchery, immorality and incest, and which run counter to
the tradition of morality and the fine customs of the nation.
2. The cultural products and
activities having a content inciting violence are products and activities in
which there are images, language, sounds and acts depicting scenes of barbarous
beatings and killings and other acts offending human dignity and encouraging
violence and cruelty, and which are not aimed at denouncing crime nor defending
justice, thus contravening the tradition of peace loving and humanism of the
nation.
Chapter II
CIRCULATION OF AND BUSINESS ACTIVITIES IN FILMS AND
VIDEO TAPES AND DISCS
Article
4.-
1. The
circulation of and the business activities in films and video tapes and discs
must abide by the provisions of Decree No.48-CP of July 17, 1995 of the
Government concerning the cinematographic organization and activities and the
stipulations in this Regulation .
2. The video tapes and discs
stipulated in this Regulation comprise video tapes and discs and computer discs
for the recording of feature films, documentary-scientific films, text books,
educational programs, foreign language teaching programs, animated cartoons,
theater, sports, karaoke, and fashion. All video discs either produced in the
country or imported must get the permission of the authorized State managerial
agency before they can be widely circulated according to the following concrete
stipulations:
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b/ The Ministry of Culture and
Information shall censure and issue permit for circulation of video tapes and
discs and feature films produced or imported by different units in the country,
and video discs of various types produced by the film studios under the
Ministry of Culture and Information.
3. The video discs used as books
or in conjunction with books issued by the publishing houses shall comply with
the regulations of the Law on Publication.
4. The broadcasting of video
tapes and discs on the television stations shall comply with the provisions of
the Press Law and the stipulations at Section 4, Chapter III of Decree No.48-CP
of July 17, 1995 of the Government .
5. The video tapes and discs
which have got permission for circulation must be stuck with a control label
(hereafter referred to as label). The issue and sticking of the labels on video
tapes and discs shall be defined by the Ministry of Culture and Information.
Article 5.-
1.-The
following units are allowed to duplicate the video tapes and discs under their
copyright for business purpose:
a/ The establishments for
production and distribution of films and video tapes and discs.
b/ The publishing houses producing
video tapes in the place of books or in conjunction with books.
2. The conditions and procedures
for the issue of permits for reproduction of video tapes and discs for business
purpose shall be defined by the Ministry of Culture and Information.
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Article 6.-
1. The
units which reproduce video tapes and discs for business purpose shall be
allowed to reproduce the tapes and discs which have already got permission for
circulation.
2. The units reproducing video
tapes and discs are not allowed to undertake the following activities:
a/ To except, merge or duplicate
video tapes and discs for business purpose without a written agreement of the
owner of the copyright.
b/ To add and cut pictures or
sounds which result in the alteration of the original tapes or discs which have
been given a permit for circulation and reproduce them for business purpose.
Article 7.-
The establishments defined at Item 1, Article 5 of this Regulation are allowed
to open shops for sales and rent of video tapes and discs (hereunder referred
to as tape and disc shops) and have to take responsibility for the sales and
rent of the tapes and discs of their shops.
Article 8.-
1. To open
a tape and disc shop, there must be the following conditions:
a/ Having a site the right to
use of which has been certified by a competent agency.
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c/ Having a shop manager
appointed or employed by written contract by the unit which opens the shop.
2. The unit which opens a tape
and disc shop must complete procedures of application at the local Culture and
Information Service. The shop can operate only after getting a permit of the
Culture and Information Service and must put up a sign as prescribed by the
regulations on signboards defined in this Regulation.
3. The tape and disc shop can
sell and rent only the video tapes stuck with a label. The unit which opens the
shop and the shop manager of a tape and disc shop are responsible before law
for the video tapes which it sells or rents.
4. The customer is entitled to
check the content and quality of the video tape before buying or renting.
Article 9.- An
organization or individual that wants to engage in film and video showing
business must get an operating permit from the local Culture and Information
Service and must register for business. It can operate only after having got
the business license.
Article
10.-
1. The hotels,
guest houses and rest houses which want to do business in film and video
showing must get an operating permit and must register for business as
stipulated in Article 9 of this Regulation.
2. The open-air public film and
video showing centers, both permanent and mobile, can operate only after
getting permission from the local Culture and Information Service. If they set
up a box office they must comply with the stipulations in Article 9 of this
Regulation.
Article
11.- The cinemas and video showing centers, the video showing rooms
established in the hotels, guest houses and rest houses, the public video
showing centers in the open air or on the means of transport can show only the
films and video tapes already allowed for circulation and stuck with a label.
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Article
12.- The following activities are banned:
1. To circulate or engage in the
business of films and video tapes and discs with contents stipulated in Article
3 of this Regulation.
2. To do business in
duplicating, selling, renting and showing films and video tapes and discs
without operating permits and business license.
3. To buy, sell, rent , lease or
show video tapes without label or with label but without filling all the
required specifications.
4. To illegally import or
duplicate films and video tapes and discs.
5. To change the titles or
substitute the contents of the video tapes and discs already stuck with labels.
Chapter
III
CIRCULATION OF AND BUSINESS IN MUSIC TAPES AND DISCS
Article
13.-
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2. The audio tapes and discs
used as books or accompanied with books issued by the publishing houses shall
comply with the regulations of the Law on Publication.
The broadcast of music tapes and
discs over the radio shall comply with the provisions of the Press Law.
Article
14.-
1. The
following establishments are allowed to duplicate the music tapes and discs
under their copyright for business purpose:
a/ The establishments authorized
to produce music tapes and discs.
b/ The music publishing houses
and other publishing houses producing audio tapes and discs used as books or
accompanied with books.
c/ The organizations and
individuals having permits for music tapes and discs business.
2. The conditions and procedures
for the granting of permits for duplication of music tapes and discs for
business purpose shall be defined by the Ministry of Culture and Information.
Article
15.- The units which duplicate music tapes and discs for business can
duplicate only the music tapes and discs allowed for circulation as stipulated
in Article 13 of this Regulation.
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Article
17.- The following activities are banned:
1. To circulate or deal in music
tapes and discs with contents stipulated in Article 3 of this Regulation.
2. To engage in the business of
duplicating and trading of music tapes and discs without operating permit and
business license.
3. To illegally import or
duplicate music tapes and discs.
4. To duplicate and trade in or
broadcast music tapes and discs banned from circulation.
5. To except, merge, make
additions or cuts or duplicate music tapes and discs for business without
written agreement of the owner of the copyright.
Chapter IV
CULTURAL ACTIVITIES AND CULTURAL SERVICES AT PUBLIC
PLACES
Article
18.-
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2. The public cultural
activities stipulated in this Regulation comprise: showing of films and video
tapes, artistic performances, dancing, karaoke singing and other
entertainments.
Article
19.-
1. The
organizations and individuals engaged in regular or periodical business in the
cultural activities stipulated in Article 18 of this Regulation must get an
operating permit from the local Culture and Information Service. In addition
they have to register their business and can operate only after having got the
business license.
2. The State agencies, economic
organizations, social organizations and armed forces units conducting cultural
activities stipulated in Item 2, Article 18 of this Regulation only for
internal use and free of charge shall not have to apply for permit when
conducting their activities but must comply with the provisions on the contents
of these activities under this Regulation. The head of the agency and the
person directly in charge of organizing these activities have to take
responsibility for these cultural activities.
The business operations of the
dancing halls shall comply with the provisions of Article 22, and those of the
karaoke rooms shall comply with the provisions of Article 23 of this
Regulation.
3. The organization or
individual that rents a place for the holding of public cultural activities has
to take joint responsibility if the lessee violates the prohibitions listed in
this Regulation.
Article
20.- The place where public cultural activities stipulated in Article 18 of
this Regulation are held must comply with the following:
1. Not to sell more tickets than
the number of seats in the theater or the seating capacity of the open-air
center.
2. Not to operate from 0.00hr to
5 a.m. In case a dancing hall needs to operate after 0.00 hr on the demand of
foreign guests, they must have permission to this effect from the local Culture
and Information Service but at any rate not beyond 2.00 a.m.
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4. The loudness of sounds that
escapes from the auditorium, dancing hall or karaoke room shall not exceed the
level prescribed by the State concerning the "Maximum level of noise
allowed" (Vietnam Standards No.5949-1995).
5. Not to allow drunkards into
the places of public cultural activities.
6. The participants in the
public cultural activities must abide by all prescriptions about the civilized
way of life.
7. All acts of pornography,
procurement and buying and selling sex, the use of lap-sitting girls and
receptionists to attract clients in any form are strictly banned.
8. The applicant for permission,
the person directly in charge of the organization and the offender shall be
responsible for any violation of the provisions of this Article.
Article
21.-
1. The
agency or unit which organizes the performances of a foreign art troupe or
group or individual artist at a public place must have a permit of the local
Culture and Information Service and has to take responsibility for the contents
of the performing program organized by it, except for the foreign troupes which
enter Vietnam for performance tours according to programs on cultural exchange
between the two countries.
2. Vietnamese citizens and
foreigners who want to conduct regular performances at a public place must get
a certification from the local Culture and Information Service about their
professional standard and an operating permit.
3. The performance of theatrical
plays and songs, dance and music programs must have a performance permit from
the agency or person as defined in the assignment of powers by the Ministry of
Culture and Information.
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1. The dancing hall must be at
least 80 square meters large.
2. The light in the hall must
exceed 10 lux.
3. The use of musical pieces and
songs for dancing must comply with the
provisions of Article 13 of this
Regulation.
4. The singers and performers
must comply with the provisions in Item 2 of Article 21 of this Regulation.
Article
23.- The organization and individual that conducts a karaoke business must
comply with the following:
1. The karaoke room must be at
least 20 square meters large.
2. The light inside the room
must exceed 10 lux.
3. The door of the room must
have glass panes to allow a clear view of the interior of the room from
outside.
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Article
24.- At the public places, only the recreation places and entertainments
which are healthy and which conform to the cultural traditions of the nation
are allowed. No entertainments or games which are pornographic or incite
violence can be organized. The massage service must comply with Article 13 in
the "Regulations concerning urgent measures to eliminate a number of
serious social evils" issued together with Decree No.87-CP of December 12,
1995.
Chapter V
SALE OF BOOKS, NEWSPAPERS, PICTURES AND CALENDARS AND
RENTING BOOKS
Article
25.- All activities in selling books, newspapers, pictures and calendars
and renting books shall comply with the regulations of the Law on Publication,
Decree No.79-CP of November 6, 1993 of the Government providing details for the
implementation of the Law on Publication and Article 26 of this Regulation.
Article
26.- No organization or individual is allowed to sell or rent the following
printed matters:
1. Books, newspapers, calendars
and pictures with reactionary, depraved, pornographic, violence-inciting or
superstitious contents.
2. Books which are illegally
published or imported.
3. Books, newspapers, magazines,
calendars, pictures and photographs which have been banned from print, or are
subject to recovery, confiscation , banned from circulation or ordered for
destruction.
Chapter VI
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Article
27.- An organization or individual that engages in advertising activities
must strictly carry out the provisions of Decree No.194-CP of December 31, 1994
of the Government on advertising activities on Vietnamese territory and the
following prescriptions:
1. The establishment of
enterprises engaged in advertising activities on Vietnamese territory must
comply with the Law on State Enterprises, the Law on Private Enterprises and
the Corporate Law.
2. The Cultural and Information
Services in the provinces and cities directly under the Central Government
shall issue permits for the various types of advertisement in their territories
except for the advertisement on films, video tapes and printed matters; as well
as to issue permits for the issue of supplements and annexes, or the
introduction of an advertisement channel on the television.
Advertising on the means of
transportation, promotional advertisement accompanied with the products which
have been issued with business permits and which do not come under the ban for
advertisement must have a permit valid in the whole country from the Culture
and Information Service where the head office of the advertisement agency is
located.
Article
28.- The writing of signboards aimed at introducing the names, transaction
addresses of State agencies, social organizations or economic organizations or
individuals shall not have to ask for permission but must comply with the
provisions in this Chapter.
Article
29.- The signboards can be made in the form of board, signboard, light box,
light net or other forms. The signboard must record in full the name in
Vietnamese according to the decision on the establishment of the business or
the business permit issued by the competent agency. It must not be written in
abbreviation and must contain the essential contents as stipulated in Articles
30 and 31 of this Regulation for each type of signboard. Any abbreviation or
international transaction name and name in foreign languages of an economic
organization must be written in the lower part of the signboard and in smaller
size than the Vietnamese words and its colors and light must not be brighter
than the Vietnamese words.
Article
30.- The signboard of an individual or organization must comprise the
following contents:
- The name of the direct
management agency of the State.
- The name of such organization
or individual
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- The name of the production,
business or service establishment with concrete specification of the main
business branch and trade.
- For a private company or
enterprise, it must be clearly specified as a private enterprise, stock company
or limited liability company.
Article
31.- The signboards of foreign economic organizations or a joint venture
with foreign participation must have the contents conforming with the
provisions in Article 30 of this Regulation. The proper name and the
international transaction name in foreign languages written in the decision on
establishment issued by the competent State agency can be written in foreign
languages but it must not be larger in size than the Vietnamese letters written
on the same signboard.
Article
32.- The signboard can only be nailed, hung or placed right at the agency, organization,
shop or restaurant concerned. No advertisement for any commodity may be made on
the signboard.
Chapter
VII
IMPLEMENTATION PROVISIONS
Article
33.-
1. This
Regulation takes effect on the date of promulgation. The regulations of the
Government issued earlier which are contrary to this Regulation are now
annulled.
2. All organizations and
individuals that are conducting cultural activities and cultural services
stipulated in this Regulation without permit must stop their operations
immediately. They must complete procedures to apply for permit as prescribed.
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Article
34.-
1. The
Ministry of Culture and Information shall coordinate with the concerned
ministries and branches to provide detailed guidance for the implementation of
this Regulation.
2. The People's Committees of
the provinces and cities directly under the Central Government shall have to
guide and control the implementation of the cultural activities and cultural
services in their localities as provided for in this Regulation.
PRESCRIPTIONS
OF URGENT MEASURES TO FIGHT AGAINST A NUMBER OF SERIOUS
SOCIAL EVILS
(issued
together with Decree No.87-CP of December 12, 1995).
Chapter
I
FIGHT AGAINST PROSTITUTION AND DRUG ABUSE
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Article
2.- All acts of sex abuse against children, procurement and deception to
lure children into the path of prostitution, and to induce children into drug
addiction and gambling shall be severely punished.
Article
3.- The persons who act in an organized manner in order to resist the
control by the State agencies (such as digging a shelter in the room or
arranging a closed attic for shelter, hiring thugs to guard, arranging a secret
alarm system...) and the recidivists shall be punished more severely.
Article
4.- The establishments of the State agencies rented to private citizens and
the private establishments which let the violations concerning social evils
occur must revoke immediately the rental contracts, the State shall withdraw
their business permits, recover or confiscate these establishments for use in
common utility activities.
The persons directly managing
the State establishments (hotels, rest houses, restaurants, dancing halls...)
who organize prostitution or procure prostitution or organize drug taking, or
for whatever reason allow their subalterns organize or maintain prostitution
and drug taking at the establishments under their direct management shall,
depending on the extent of their violation, be subject to administrative
discipline, administrative sanctions or examined for penal liability .
Article
5.- Officials and employees of the State who are guilty of sex indulgence
and drug addiction shall be severely dealt with according to Directive No.33-CT
and Decree No.53-CP of June 28, 1994 of the Government. No offending official,
Party member or public employee shall be left unpunished. At the hotels,
restaurants, and rest houses of the State where the above-mentioned social
evils occur the State agency which directly manage these establishments shall
bear responsibility, and the head of this State agency shall be severely
disciplined. Depending on the extent of his/her violation, he/she shall receive
administrative sanction or examined for penal liability.
Article
6.- The drug addicts and prostitutes must be reeducated and given medical
treatment.
The drug addicts and prostitutes
who indulge in such practices on a regular basis and who have not mended their
way in spite of the education by the local administration and people, shall be
forcibly taken into a center for reeducation and medical treatment (under
Article 24 of the Ordinance on the Handling of Administrative Violations.
The first timer drug addicts and
prostitutes and those who volunteer to receive medical treatment shall receive
education and assistance in treating their disease in the community and at
their families, shall receive support in tuition for learning a trade and in
finding a job in order to quit drug addiction and prostitution and to earn
their living honestly.
Article
7.- The establishments employing receptionists, women employees, women
dancers... must sign labor contracts as provided for by the Labor Law, must
register the list of receptionists, women employees and women dancers with the
police in the local ward.
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All acts of prostitution by
receptionists, women employees or women dancers are strictly prohibited.
Chapter
II
FIGHT AGAINST GAMBLING
Article
8.-
All acts
of organizing gambling and gambling are strictly prohibited.
The organizer of gambling and
the gambler shall be both dealt with according to law.
Article
9.- The acts of organizing gambling comprise the following:
1. Inducing, persuading and
gathering others for gambling.
2. Keeping money, acting as
pawnbroker or lender at gambling houses;
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4. To install gambling machines,
electronic games and to organize betting in any form for gambling purpose;
5. To use one's own house or
another place to run a gambling house;
6. To organize betting for
money;
7. To act as owner of an illegal
lottery, as keeper of lots for illegal lottery;
8. To organize the production
and distribution of tables, poems as lottery guesses and other printed matters
for illegal lottery.
Article
10.- The acts of gambling comprise the following:
1. Gambling in any form: fan-tan
and all types of card games, pre-setting a disposition in an oriental chess
game and other forms of gambling;
2. Gambling with machine,
electronic games, handball, billiard board and other means;
3. Taking part in betting during
sport games and entertainments (such as horse race, cock fight, soccer...) and
all other forms of betting for money.
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Chapter
III
PREVENTION AND FIGHT AGAINST SOCIAL EVILS IN THE
PLACES OF TEMPORARY LODGING AND RESTAURANTS
Article
11.- The following activities are strictly banned from the hotels, tourist
villages, camping sites, rest houses, sanatoria, apartments for rent, popular
inns (hereafter referred to as places of temporary lodging) and at the
restaurants, cafes and refreshment bars (hereafter referred to as restaurants):
1. Gambling;
2. Injection and other forms of
drug taking;
3. Selling and buying sex.
If such activities take place,
the head of the business establishment , the offender and the managing
personnel shall be dealt with according to the regulations on administrative
sanctions, shall have his/her business license withdrawn or shall be examined
for penal liability .
Article
12.- Only those business establishments licensed by the authorized State
agencies can organize activities of dancing halls, karaoke singing and video
showing in accordance with the regulations.
Article
13.-
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2. Only the establishments for
medical examinations and treatment and the hotels which have been certified by
the Directors of the Health Service in the provinces and cities directly under
the Central Government as meeting all the criteria and conditions to conduct
massage can organize the massage service. The massager must be trained in the
profession and technique of massage and physical therapy.
The Ministry of Health shall
make concrete provisions on the criteria and conditions for the massage
service.
3. The misuse of the massage
parlor to conduct acts of prostitution is strictly prohibited.
Article
14.- Each place of temporary lodging and each restaurant shall have to work
out its own internal rules to manage their personnel and guide their customers
to comply with this regulation. All the places of temporary lodging must
register their customers and seriously implement their managerial
responsibility and scope as prescribed.
Article
15.- The places of temporary lodging and restaurants must so arrange the
bed rooms, dining rooms, recreation rooms and refreshment rooms as to ensure
the most convenient conditions for the elimination of all acts of social evils.