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THE GOVERNMENT
OF VIETNAM
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No: 282/2026/ND-CP
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Hanoi, July 14, 2026
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DECREE
ON ELABORATION AND GUIDANCE ON IMPLEMENTING RESOLUTION NO.
28/2026/QH16 DATED APRIL 24, 2026 OF THE NATIONAL ASSEMBLY ON THE DEVELOPMENT
OF VIETNAMESE CULTURE
Pursuant to Law on
Government Organization No. 63/2025/QH15;
Pursuant to Resolution
No. 28/2026/QH16 dated April 24, 2026, of the National Assembly on the
development of Vietnamese culture;
At the request of the
Minister of Culture, Sports and Tourism;
The Government hereby
issue a Decree on elaboration and guidance on implementing Resolution No.
28/2026/QH16 dated April 24, 2026, of the National Assembly on the development
of Vietnamese culture.
Chapter I
GENERAL PROVISIONS
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This Decree elaborates
Clauses 1 and 2 of Article 4; Clause 3 and Point c of Clause 4 of Article 5;
Clauses 2, 3, and 4 of Article 6; Clause 2 and Clause 4 of Article 7; Article
8; Article 9; Article 11, and provides for guidance for implementing Clause 1
of Article 7 and Clause 2 of Article 10 of Resolution No. 28/2026/QH16 dated
April 24, 2026 of the National Assembly, on the development of Vietnamese
culture.
Article 2. Regulated
entities
This Decree applies to
Vietnamese organizations, individuals, enterprises, and local communities
within the country and abroad; foreign organizations and individuals
participating in the development of Vietnamese culture; and other relevant
organizations and individuals.
Article 3. Principles
for applying some specific and superior mechanisms and policies in the field of
culture
1. Ensure consistency with Resolution No. 28/2026/QH16 dated
April 24, 2026 of the National Assembly; and unity and synchronization with the
viewpoints, objectives, tasks, and solutions in Politburo Resolution No.
80-NQ/TW dated January 7, 2026, on the development of Vietnamese culture.
2. Comply with pilot principles linked with summarization and
evaluation as a basis for review and decision on legislation; ensure publicity,
transparency, thrift, and efficiency; prevent and combat corruption and
wastefulness; and prevent negative behaviors and group interests in
implementation.
3. Link accountability and effectiveness in state management;
and intensify the oversight of the National Assembly, the Vietnam Fatherland
Front, and the whole of society during the process of implementation.
Article 4. Term
interpretation
For the purpose of this
Decree, the terms below shall be construed as follows:
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2. Cultural industry ecosystem refers to the closely linked
network among subjects, intermediary organizations, start-up incubators,
creative elements, products, and the distribution and consumption of cultural
industry products and services.
3. Traditional arts include Tuong (classical drama), Cheo
(traditional operetta), Cai Luong (reformed theater), Bai Choi (folk singing
game), puppetry, folk-song opera, folk-song drama, traditional fine arts,
traditional music, and other traditional folk performance art forms of the
various ethnic groups.
4. Creative activity in the field of culture refers to the
process of using creative thinking, knowledge, professional skills, and forms
of creative labor to create and perfect works, pieces, programs, and cultural,
literary, and artistic products, including activities of composition,
adaptation, sketching, design, construction of fine art works, staging,
rehearsal, presentation, performance, production organization, and other
professional activities directly serving the formation and perfection of
cultural, literary, and artistic works, pieces, programs, and products.
5. Creative activity in traditional arts refers to the process
of inheriting, applying, and developing the values, materials, aesthetic norms,
techniques of expression, and cultural identity of traditional arts, in order
to create, revive, or renew artistic works, products, and forms of expression
to preserve and promote the value of traditional arts in contemporary life.
Chapter II
CREATIVE-CULTURAL INDUSTRY
PARKS/CLUSTERS, CREATIVE CULTURAL COMPLEXES
Article 5.
Creative-cultural industry parks/clusters and creative cultural complexes
1. Creative-cultural industry parks/clusters as prescribed in
Clause 1 of Article 4 of Resolution No. 28/2026/QH16, include:
a) A creative-cultural
industry cluster, which is a concentration of small and medium-sized
enterprises, cooperatives, business households, groups of creators, artists,
designers, producers, training institutions, professional practice facilities,
and other subjects linked along the product/service value chain, with a high
degree of specialization within the cultural industries;
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2. A creative-cultural industry parks/clusters shall perform
the following functions and activities:
a) Leasing, operating, and
using premises for the construction and development of creative space, and for
the production and business of common working space, performance space, and
space for display, exhibition, and experiencing cultural products, and for
supporting the transfer of cultural arts technology;
b) Providing technical
infrastructure, digital infrastructure, creative space, support services, and
other necessary conditions for organizations and individuals operating in
cultural industries;
c) Connecting creation,
research and development, testing, production, distribution, operation, and
commercialization of cultural products and services;
d) Supporting training,
refresher training, and the incubation of talent, start-up enterprises, and
small and medium-sized enterprises in the fields of culture, art, and
entertainment;
dd) Promoting the
application of science, technology, high technology, digital transformation,
and innovative business models within the cultural industries;
e) Providing support
services on legal matters, intellectual property, design, communications,
advertising, marketing, distribution, trade promotion, and talent training and
development;
g) Connecting enterprises,
training institutions, research organizations, investors, the creative
community, and innovation centers within the cultural industries, and
connecting to domestic and international markets;
h) Organizing cultural,
artistic, and creative events, creative weeks, fairs, exhibitions, and
presentations of cultural products and services, and combining these with the
development of trade, cultural tourism services, cuisine, entertainment,
experiential education, and other ancillary services appropriate to the
objectives of cultural industry development.
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4. The formation and development of creative-cultural industry
parks/clusters to form a cultural industry ecosystem must be consistent with
the laws on planning, land, and urban and rural planning; must ensure national
defense and security; and must satisfy the criteria prescribed in Article 6 of
this Decree.
Article 6. Formation of
creative-cultural industry parks/clusters and creative cultural complexes
An organization may
propose the formation of a creative cultural industry park/cluster, or a
creative-cultural complex if the following criteria are satisfied:
1. Having a location, boundary, scale, area, and a plan for
land use, works, premises, or assets appropriate to the nature, objectives, and
functions of operation; of which a creative-cultural industry park must have a
minimum area of 05 hectares, a creative-cultural industry cluster must have an
area of from 02 hectares to under 05 hectares, and a creative-cultural complex
must have a minimum usable floor area of 2.000 m² for buildings or works
undergoing renovation, redevelopment, or repurposing. For creative-cultural
industry parks/clusters incorporating an experiential or cultural tourism
subdivision, at least 10% of the usable floor area must be reserved for public
activities, display, and cultural interaction.
2. Having a plan for investment in, renovation, upgrading,
construction, repurposing, or operation of technical infrastructure, digital
infrastructure, service infrastructure, creative space, and the conditions
necessary to ensure operation; ensuring telecommunications infrastructure, data
storage and processing, cybersecurity, and data security appropriate to the
scale and nature of operation.
3. Having a feasible, effective, safe, public, and transparent
plan for organization, management, and operation; and having a management and
operating apparatus and a mechanism for cooperation with relevant agencies and
organizations.
4. Having financial resources and a plan for lawfully
mobilizing financial resources for investment, operation, and maintenance of
activities, including owner's equity of at least 15% of total investment capital
for a creative-cultural industry park/cluster, or a creative-cultural complex.
5. Satisfying requirements on environmental protection, fire
safety, security, order, social safety, occupational safety, protection of
cultural heritage, protection of intellectual property rights, and other
conditions in accordance with law.
6. Having a plan for managing intellectual property assets and
for securing creative data, and having established criteria for evaluating
operational effectiveness appropriate to the model of the creative-cultural
industry park/cluster, or creative-cultural complex.
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8. Having the capacity to connect to the system of technical
infrastructure and social infrastructure works, and having the capacity to
attract human resources and mobilize resources for the development of the
creative-cultural industry park/cluster, or creative-cultural complex.
Article 7. Authority to
decide on the formation of creative-cultural industry parks/clusters and
creative-cultural complexes
1. The provincial-level People's Committee shall be responsible
for organizing the review, updating, and supplementation of the plan in respect
of creative cultural industry clusters and zones and creative cultural
complexes, and shall report to the competent authority for review and approval
of the plan, and shall organize the assessment and revision of the plan for the
formation of creative-cultural industry parks/clusters and creative-cultural
complexes, in accordance with laws on land, laws on urban and rural planning,
and other relevant laws.
2. The President of the provincial People's Committee shall
decide on the formation, adjustment, and revocation of the decision on
formation of a creative-cultural industry park/cluster and creative-cultural
complex within the province/city.
3. Where the decision on formation is revoked and the operation
of a creative-cultural industry park/cluster or creative-cultural complex is
terminated, the provincial People's Committee shall assign a functional unit as
the focal point responsible for preparing a plan for handling the land, public
assets, works, infrastructure, intellectual property assets, and other assets
under state ownership in accordance with law.
4. An organization requesting the formation, revision of the
decision on formation, or termination of operation of a creative-cultural
industry park/cluster or creative-cultural complex shall be responsible for
preparing the application as prescribed in Article 8 of this Decree and sending
it to the provincial People's Committee for review and decision.
Article 8. Application
for the formation, revision of the decision on formation, or termination of
operation of a creative-cultural industry park/cluster or creative-cultural
complex
1. An organization requesting the formation of a creative
cultural industry cluster or zone, or a creative cultural complex shall submit
01 set of the application in person, by post, or online via the National Public
Service Portal to the provincial People's Committee. The application shall
include:
a) Application form for
the formation of the creative-cultural industry park/cluster or
creative-cultural complex using Form No. 01 attached hereto;
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c) If the proposal
involves the use of land, public assets, public works, cultural or sports
institutions, offices, workshops, warehouses, or other state-owned works, or
industrial heritage subject to relocation, the application must be accompanied
by documents on the legal status, and the plan for management, use, operation,
repurposing, and disposal of the assets in accordance with the laws on land,
public assets, investment, construction, and other relevant laws;
d) If located within an
area containing cultural heritage, a World Heritage protection zone, the
landscape of a historical-cultural monument, a valuable architectural work, a
monument protection zone, a traditional cultural space, or a related cultural
space of the community that is the subject practicing intangible cultural
heritage, or an area with national defense or security elements, the
requirements of relevant laws must be complied with.
2. For case of revision of the decision on formation of a
creative-cultural industry park/cluster or creative-cultural complex, the
applicant shall send an application for adjustment of the decision on formation
in person by post, or online via the National Public Service Portal to the
provincial People's Committee. The application for adjustment of the decision on formation
of the creative-cultural industry park/cluster or creative-cultural complex
shall use Form No. 03 attached hereto.
3. For cases of termination of operation of a creative-cultural
industry park/cluster or creative-cultural complex, the applicant shall send an
application in person, by post, or online via the National Public Service
Portal to the provincial People's Committee for review and decision. The application shall
include a plan for handling assets, land, and other assets in accordance with
law.
Article 9. Method of
infrastructure investment, and procedures for deciding the formation,
adjustment, and revocation of a creative-cultural industry park/cluster or
creative-cultural complex
1. The method of infrastructure investment for a
creative-cultural industry park/cluster or creative-cultural complex shall comply
with laws on the management of industrial parks and economic zones.
2. The procedures and processing time for an application for
the formation of a creative-cultural industry park/cluster or creative-cultural
complex shall be as follows:
a) Within 35 days from the
date of receiving a complete and accurate application as prescribed in Clause 1
of Article 8 of this Decree, the provincial People's Committee shall be
responsible for reviewing and deciding the formation of the creative-cultural
industry park/cluster or creative-cultural complex.
Where necessary, the
provincial People's Committee shall establish an Appraisal Council or organize
a meeting with the provincial state advisory agency on cultural industries and
relevant agencies to reach agreement on and clarify relevant matters before
deciding the formation of the creative-cultural industry park/cluster or
creative-cultural complex. The processing time shall not exceed 45 days from the date
of receiving a complete and accurate application;
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c) The composition of the
Appraisal Council, and its scope, powers, and responsibilities, shall be
decided by the provincial People's Committee.
3. The content of the appraisal of the formation of a
creative-cultural industry park/cluster or creative-cultural complex shall
include:
a) The legal basis for and
the necessity of the formation;
b) An assessment of the
satisfaction of the formation criteria prescribed in Clause 1 of Article 6 of
this Decree;
c) An assessment of the
development direction and objectives;
d) An assessment of
financial capacity and investment attraction;
dd) An assessment of the
solutions, organization of implementation, and management and operation after
formation is approved.
4. The review and decision on adjustment of a creative-cultural
industry park/cluster or creative-cultural complex shall be carried out in
accordance with Clause 2 of this Article. The time limit for reviewing the application and deciding
the adjustment shall be 15 working days from the date of receiving a complete
and accurate application.
5. The decision on formation or adjustment of a
creative-cultural industry park/cluster or creative-cultural complex shall
cease to be effective and shall be revoked in any of the following cases:
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b) It operates
inconsistently with the objectives, nature, functions, scale, scope, or content
decided by the competent authority;
c) It fails to maintain
the proportion of organizations, enterprises, business households, or
individuals, or the area used for cultural industry activities as prescribed in
Article 6 of this Decree;
d) The organization
granted the decision on formation or adjustment of the creative-cultural
industry park/cluster or creative-cultural complex submits an application for
operation termination.
6. The provincial People's Committee shall notify, in writing,
the organization granted the decision on formation of the creative-cultural
industry park/cluster or creative-cultural complex of the cessation of effect
and revocation of the decision in the cases prescribed in Clause 5 of this
Article. The
organization whose operations are terminated or whose decision is revoked shall
dispose of assets and performing other obligations in accordance with the
relevant specialized laws.
Article 10. Inspection
and assessment of the operation of creative-cultural industry parks/clusters or
creative-cultural complexes
1. The central and local state regulatory authorities for
culture, sports, and tourism shall be responsible for formulating plans,
organizing inspections, and cooperating with relevant agencies to organize
periodic or ad hoc inspection and assessment of the operations of
creative-cultural industry parks/clusters or creative-cultural complexes.
2. The content of the inspection concerning the organization,
operation, management, and operation of a creative-cultural industry
park/cluster or creative-cultural complex must be consistent with relevant laws
and shall be carried out no more than once a year, except where signs of
violation against the law are detected.
3. The organization managing, operating, and using a
creative-cultural industry park/cluster or creative-cultural complex shall
comply with and cooperate with the state regulatory authority and the
inspection team during the inspection process and promptly implement measures
to prevent and handle violation against the law within the creative-cultural
industry park/cluster or creative-cultural complex upon the request of the
functional agency and the inspection team.
Chapter III
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Article 11. Criteria
for piloting the cultural heritage urban area model
1. An administrative division selected to pilot the cultural
heritage urban area model shall satisfy the following criteria:
a) The urban area contains
cultural heritage formed during the process of the administrative division’s
formation and development;
b) There is a close relationship
between the urban area and the cultural heritage, such that the value of the
cultural heritage must constitute part of the value of the urban area;
c) There are at least two
tangible cultural heritage sites, or intangible cultural heritage or documentary
heritage within the administrative division that have been recognized, ranked,
or inscribed by Vietnam or the United Nations Educational, Scientific and
Cultural Organization (UNESCO); the administrative division show good
performance in protecting and promoting the value of such heritage in
connection with traditional education, which serves as a foundation for
socio-economic development and effective development of tourism and cultural
industries, contributing to the administrative division’s economic growth; and
it disseminates, promotes, and introduces the value of the cultural heritage
both domestically and abroad;
d) The administrative
division has issued and effectively implemented regulations on the management,
protection, and promotion of the value of cultural heritage within its area,
ensuring the principles of managing, protecting, and promoting the value of
cultural heritage, and preserving the related cultural space of the community
that is the subject practicing intangible cultural heritage; ensuring the
preservation of the original elements constituting the value of the cultural
heritage, the spatial structure, cultural landscape, and architecture, and
controlling construction density, building height, architectural form, public
space, technical infrastructure, and service extraction activities within the
heritage area in accordance with laws on cultural heritage and other relevant
laws. The
administrative division has programs, schemes, and projects on the management,
protection, and promotion of the value of cultural heritage that are being
effectively implemented within its area; and has issued and effectively
implemented other benefits and policies, consistent with the laws on cultural
heritage applicable to artisans;
dd) The administrative
division has practical experience in the investment, preservation, restoration,
management, protection, and promotion of the value of cultural heritage in
accordance with laws on cultural heritage; in the sustainable preservation of
cultural heritage and the sustainable development of cultural, economic,
social, and environmental factors; has a World Heritage site for which the
overall economic value has been appraised and internationally published; and
has a museum meeting Class-II standards or higher in accordance with the laws
on cultural heritage.
2. A cultural heritage urban area model piloted in
administrative divisions shall be entitled to investment and subsidies for the
preservation, restoration, and rehabilitation of monuments, for implementation
of programs, schemes, and projects on the preservation and promotion of the
value of cultural heritage, and for the implementation of the preferential or
favorable incentives and policies prescribed in Articles 12 and 13 of this
Decree to ensure the following criteria:
a) Having an ensemble of
urban or rural architecture, a place of settlement, an urban or rural area, or
an industrial work, containing architectural works and a historical-cultural
space of value representative of one or more periods in the development of
history, architecture, art, and tangible cultural heritage in accordance with
laws on cultural heritage, together with the intangible cultural heritage space
of the subject community or a human cultural tradition that currently exists or
once existed;
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c) Having sites and areas
below ground or underwater where monuments or relics have been discovered, or
where there are signs of the preservation of monuments and/or relics or sites
where traces relating to human activity of historical, cultural, or scientific
value have been discovered, protected and promoted in accordance with laws on
cultural heritage;
d) Having a natural
landscape, environment-ecology, and natural physical landscape space containing
historical, cultural, scientific, and aesthetic value together with a related
tangible cultural space and intangible cultural heritage of importance in
forming the value of the cultural heritage, preserved and promoted in a manner
connecting the tangible cultural heritage space, the intangible cultural
heritage, and the space for practicing intangible cultural heritage with the
subject community.
3. The President of the provincial People's Committee shall
decide the determination of the scope and area for implementing the cultural heritage
urban area pilot within the province/city under their management, ensuring the
criteria prescribed in Clause 2 of this Article.
4. A cultural heritage urban area shall be determined within
the plan in accordance with laws on urban and rural planning and approved by
the competent authority.
Article 12.
Preferential or favorable incentives on land
1. An administrative division implementing the cultural
heritage urban area pilot model shall decide:
a) The provincial People's
Council shall decide: land use quotas, in addition to the quotas already allocated
under the national land use plan, within its management for investment projects
in the fields of cultural heritage and cultural industries; and additional land
use quotas to be updated into the land use planning, plan and scheme for the
subsequent period as prescribed;
b) The provincial People's
Committee shall decide, after obtaining the unanimous opinion of the provincial
People's Council, the level of application of the incentive mechanism for the land
rent unit for each specific type of space, ensuring that the maximum level does
not exceed 50% of the applicable prescribed level for implementing investment
projects in service and tourism business, public investment-private management
projects, and public-private partnership investment projects in the field of
cultural heritage, and for implementing schemes on the exploitation of heritage
economy and the development of cultural industries in accordance with the
planning and scheme approved by the competent authority within the area of a
historical-cultural relic, scenic landscape, or World Heritage site
(hereinafter collectively referred to as a "monument"), provided that
this does not affect the original constituent elements and cultural landscape
of the monument in accordance with laws on cultural heritage and is consistent
with the planning, the regulations on management of planning and architecture,
the requirements for protecting the landscape and architectural space, and the
load-bearing capacity of urban infrastructure in accordance with other relevant
laws.
2. The content prescribed at Point b, Clause 1 of this Article
shall not be used to determine the balancing supplementary allocation from the
central government budget to the local government budget.
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An administrative division
implementing the cultural heritage urban area pilot model may decide the
preferential or favorable incentives on fees and charges as follows:
1. The provincial People's Council may decide to issue the rate
for service fees at monuments, and charges outside the list of fees and charges
prescribed by laws on fees and charges.
2. The local government budget shall retain the entirety of the
revenue from fees and charges issued by the People's Council outside the list
of fees and charges prescribed by laws on fees and charges.
3. Fees for visiting scenic landscapes, historical-cultural
relics, cultural works, and museums within the cultural heritage urban area,
after deduction of the portion retained for the public service provider to
cover the operating costs of the fee-collecting service provider in accordance
with laws on fees and charges, must be remitted in full to the state budget for
restoration, preservation, rehabilitation, and promotion of the value of
cultural heritage within the administrative division or to the local government
budget for allocation of investment corresponding to the amount of visiting fee
revenue remitted to the state budget, for investment in the preservation,
restoration, and rehabilitation of monuments within the administrative division.
4. The revenues prescribed in Clauses 2 and 3 of this Article
shall not be used to determine the percentage (%) for sharing revenues between
the central government budget and the local government budget, or the balancing
supplementary allocation from the central government budget to the local
government budget.
Chapter IV
COMMISSIONING AND FIXED
FUNDING FOR CULTURAL CREATIVE ACTIVITIES FUNDED BY THE STATE BUDGET
Article 14.
Commissioning the creation and popularization of cultural, literary, and
artistic works and productions of high ideological, content, and artistic value
1. The State shall commission agencies, units, organizations,
and individuals to create and disseminate cultural, literary, and artistic
works and productions of high ideological, content, and artistic value. The determination of a
cultural, literary, or artistic work of high ideological, content, and artistic
value shall be made by selection of the Professional Council specified in
Article 17 of this Decree.
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3. The creative activities for the works and productions of
high ideological, content, and artistic value specified in Clause 1 of this
Article include:
a) Creation of film
scripts of the following types: feature films, animated films, documentary films, and
science films, of high ideological, content, and artistic value, selected by
the Professional Council. The supported film scripts are not among the subjects for
which expenditure is covered by the State under Clause 1 of Article 15 of this
Decree;
b) The creative activities
of titles/positions as prescribed by the laws on royalties;
c) Creation of literary
works by authors who are Vietnamese citizens, selected by the Professional
Council in accordance with laws on encouraging the literature development,
including:
The remuneration for
creative work calculated according to the number of days of creative work at a
daily rate equivalent to the salary of a Rank-II public employee, Step 1, Class
A2.1. Within a maximum of 120 working days, the author shall complete the
written work and the literary composition and submit it to the competent
authority in accordance with the laws on encouraging the literature development. During this period, the
author shall receive remuneration.
The meal and lodging costs
of selected authors participating in writing camps or literary creation camps
organized in accordance with laws on encouraging the literature development shall
follow the meal and lodging allowance for participants in writing/literary
creation camps as prescribed;
d) Creation of fine art
and photographic works:
The remuneration for
creative work calculated according to the number of days of creative work at a
daily rate equivalent to the salary of a Rank-II public employee, Step 1, Class
A2.1 for a maximum of 120 working days.
The meal and lodging costs
of selected authors participating in creative camps organized in accordance
with the law on fine arts activities shall follow the meal and lodging
allowance for participants in creative camps as prescribed.
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4. The popularization of literary works and productions of high
ideological, content, and artistic value specified in Clause 1 of this Article
that subsidized by with State include:
a) Popularization on the
digital platform and digital library managed by the Ministry of Culture, Sports
and Tourism for a period of 3 years, with encouragement to publish and
disseminate on other platforms on the basis of agreements consistent with the
laws on copyright;
Popularization through
publication of a maximum of 1.000 printed copies, with distribution costs for
free distribution to the public library system and Vietnamese Cultural Centers
abroad;
b) Delivery of literary
works abroad for competitions or introduction in accordance with the laws on
encouraging the literature development. A literary work shall be eligible for subsidization when it
simultaneously satisfies the criteria prescribed in the laws on publication and
the laws on encouraging the literature development;
c) Translation, at the
fixed funding rate, of Vietnamese-language text into foreign languages in
accordance with the Decree on guidance on implementation of Resolution
No. 197/2025/QH15 dated May 17, 2025 of the National Assembly, on some special
mechanisms and policies to create breakthroughs in law-making and law execution
organization.
Article 15. Assurance
of funding for some creative activities in field of culture
1. Creative activities funded by recurrent state budget
expenditure include:
a) Creative activities
producing cultural products aimed at preserving and promoting the value of
traditional culture and art, and serving vulnerable groups in border areas,
islands, and areas with particularly disadvantaged socio-economic conditions,
in the fields of: cinematography, fine arts, photography, performing arts,
journalism, and publication;
b) The production of films
serving national political tasks of ministries, central and local authorities
in accordance with the laws on cinematography, the laws on royalties, and other
relevant laws;
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2. The performing arts programs prescribed in Clause 1 of this
Article shall be subsidized by the State with the following specific subsidies:
a) Annual subsidies for
organizing the performance of at least 10 performing arts programs for the
purpose of free public performance, ensuring each program includes at least 05
performances with priority given to border areas, islands, remote and isolated
areas, and pupils and students. Subsidies for travel, accommodation, and prop transport
costs; and rehearsal and performance policies at the rates set out in the
Decree prescribing occupational preferential allowances and the rehearsal and
performance policies applicable to public employees and workers with specific
occupational duties within public service providers performing arts units and
performing arts units affiliated to the armed forces and other relevant laws.
Based on the capacity to
balance the budget, the administrative division shall decide subsidization
level and subject matter for the venue, travel, accommodation, prop transport,
stage set-up, sound and lighting equipment, LED screens, projection equipment,
and other related logistical items;
b) Subsidies for
broadcasting performing arts programs, based on the local government budget's
capacity to provide balanced funding.
3. The organization of exhibitions of fine arts and photography
works as prescribed in Clause 1 of this Article shall be subsidized by the
State with the following specific subsidies:
a) Publication and
popularization of fine arts and photography exhibitions on the digital platform
managed by the Ministry of Culture, Sports and Tourism for a period of 03
years, and encouragement of publication and popularization on other platforms
on the basis of agreements consistent with copyright regulations;
b) Subsidies for travel,
accommodation, and work transport costs, and costs for curators and the Arts
Council in accordance with other relevant laws.
4. The Ministry of Culture, Sports and Tourism shall:
a) Perform national tasks,
tasks assigned by the competent authority, and tasks within its own authority;
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c) Cooperate with
administrative divisions in organizing the implementation of the content
prescribed in Clauses 1, 2, and 3 of this Article.
5. Provincial local governments shall, based on their capacity
to balance the budget, decide the content and expenditure level for subsidies
for the matters prescribed in Clauses 1, 2, and 3 of this Article.
Article 16. Piloting
the fixed funding mechanism for a number of activities of creation of cultural
products aimed at preserving and promoting the value of traditional culture and
art, serving vulnerable groups in border areas, islands, and areas with
particularly disadvantaged socio-economic conditions, or films or performing
arts programs serving national political tasks of ministries, central and local
authorities
1. Final product-based fixed funding with al funding from the
state budget allocated to creation of cultural products aimed at preserving and
promoting the traditional cultural value of ethnic minorities, including:
a) Folk performing arts
(folk songs, folk dances, and folk music of ethnic minorities);
b) Traditional festivals
(at the commune level);
c) Traditional
handicrafts, including: the practice of handicrafts using knowledge, skills, and
artistry, together with tools and materials, in order to create products
bearing the cultural identity of ethnic minority communities;
d) Folk knowledge,
including: knowledge of labor, production, cuisine, costume, and other folk
knowledge;
đ) Folk literature of
ethnic minorities;
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2. Partial fixed funding by content for implementing activities
of creation of cultural products aimed at preserving and promoting the value of
traditional culture and art, serving vulnerable groups in border areas,
islands, and areas with particularly disadvantaged socio-economic conditions,
or films or performing arts programs serving national political tasks of
ministries, central and local authorities shall apply to the following expenditure
contents, except for expenditures for the purchase of assets, outsourcing for
which no cost norm/standard yet exists, and delegations traveling abroad:
a) Expenditure on labor
and remuneration for performing the activities of creation of cultural products,
including: rehearsal
and performance benefit expenditure, at the rates set out in the Decree
prescribing occupational preferential allowances and the rehearsal and
performance policies applicable to public employees and workers with specific
occupational duties within public service provider performing arts units and
performing arts units affiliated to the armed forces; and expenditure for
creative authorship positions at the fixed funding rate prescribed by laws on
royalties;
b) Expenditure for hiring
domestic and foreign experts;
c) Expenditure for raw
materials, fuel, tools, spare parts, low-value and short-lived items, energy,
documents, data, reference books, newspapers, and journals, and consumable
supplies serving the creative activity;
d) Expenditure for field
surveys;
dd) Expenditure on the
general management of the creative activity producing the cultural product at
the unit receiving the fixed funding;
e) Expenditure for the
premiere and launch/introduction event in the case of feature films produced
using the state budget.
3. The method for determining the fixed funding for activities
of creation of cultural products shall be as follows:
a) The fixed funding level
shall be based on the budget estimate for activities of creation of cultural products
and the applicable cost norms/standards or unit prices, service prices, or the
statement figures of the immediately preceding year for a similar event, taking
into account any expected fluctuations in input cost factors;
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4. The conditions for fixed funding shall be as follows:
a) A commitment by the
recipient organization or individual regarding the product and output quality;
b) The assessment result
of the Professional Council, as prescribed in Article 17 of this Decree, in
respect of activities of creation of cultural products
5. Funding for implementing activities of creation of cultural
products shall be disbursed in a single payment or according to the progress of
task implementation.
6. For final product-based fixed funding, the commitment to the
final product shall serve as the basis for evaluating the results upon
conclusion, and for the statement of the activities of creation of cultural
products. The
organization or individual receiving the fixed funding may decide, within
their authority, to adjust between expenditure items and expenditure
content, and to decide on using funding from the labor expenditure item to hire
experts at an agreed funding rate; they are not required to make a detailed
statement for each expenditure item or content, but shall settle the total
funding for implementing the task under the lump-sum expenditure item, based on
the evaluation result of the final product.
7. For partial fixed funding, adjustments may be made within
each expenditure content as prescribed in Clause 2 of this Article, and the
recipient may decide to use funding from the labor expenditure item to hire
domestic and foreign experts at an agreed funding rate.
8. The organization or individual receiving the fixed funding
shall have autonomy and decide the use of the fixed funding, ensuring that the
funding is used for the correct purpose, effectively, and thriftily; shall
retain vouchers and be responsible for providing explanations when requested by
the functional agency.
9. The organization or individual granting the fixed funding
shall be responsible for organizing the determination of the fixed funding
content and level; monitoring implementation progress and conducting ad hoc
inspections when necessary; evaluating the acceptance results based on the
committed product; and handling violations in accordance with regulations where
the recipient organization or individual fails to complete the task.
Article 17.
Professional Councils
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2. The Council shall be established for a term of up to 03
years, applicable to art forms with regular or periodic creative activity, or
shall be established on a case-by-case basis. If a work or piece is of large scale, of a specific nature,
or interdisciplinary, additional members may be invited to join the Council, as
proposed by the President of the Council and decided by the competent authority
that established the Council. The opinion of such a member shall carry the same value as
the opinion of a Council member.
3. Based on the actual situation, the person with authority to
establish the Council shall decide on the number and membership of the Council,
which must be an odd number and no fewer than 05 persons, comprising:
a) The President of the
Council, who shall be a representative of the leadership of the agency deciding
on establishment within its authority;
b) The Vice President of
the Council, who shall be a representative of the leadership of the
professional unit with the work or piece of culture, literature, or art of high
ideological, content, and artistic value, or the creative activity producing
the cultural product;
c) Members, who shall be
experts, scientists, or reputable art critics within the field being appraised,
or artists and specialists who have received national or international awards
or who have 15 or more years of working experience in the corresponding field.
4. The Council shall operate based on the principles of
independence, objectivity, and honesty, and shall be accountable to the law and
to the agency that established the Council for the appraisal results. Council members shall keep
confidential the information and individual comments made throughout the
appraisal process.
5. A Council meeting shall be valid only where at least 2/3 of
the total number of Council members under the establishment decision is present. The Council shall decide by
secret ballot. A
work or piece shall be selected where at least 3/4 of the total number of
Council members present vote in favor. The results of the Council's work must be recorded in
Minutes, signed by the President of the Council and the Meeting clerk.
6. The Council shall carry out the appraisal of the work based
on criteria issued by the President of the Council for each specific task,
after approval by the person who decided to establish the Council.
7. The Minutes of the Council shall serve as the basis for the
competent state authority to approve the commissioning plan or the assignment
of the creative task funded by the state budget.
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Chapter V
DISSEMINATION, PROMOTION OF
PRODUCTS, AND DEVELOPMENT OF THE MARKET FOR THE CULTURAL INDUSTRIES
Article 18. Policies to
support and promote the promotion of Vietnam's image
1. he State shall organize Vietnam Culture Week; art exchange
programs held abroad by central agencies to commemorate the establishment of
diplomatic relations with countries and important partners of Vietnam around
the world, serving the external affairs activities of Communist Party of
Vietnam (CPV) and State leaders abroad; and art exchange programs abroad
organized by localities in sister cities/capitals abroad (hereinafter referred
to as "events"), with expenditures including:
a) Renting venues and
appropriate spaces for holding events at theaters, museums, exhibition halls,
squares, or convention centers;
b) Designing and setting
up the stage, exhibition space, or screening space;
c) Renting equipment,
sound, lighting, and technical services serving performances or exhibitions in
the host country;
d) Transporting musical
instruments, props, costumes, exhibition artifacts, and cultural products from
Vietnam to the event venue and back;
dd) Copyright fees for
works used at the event, as prescribed; media and promotional activities in the
press, media, and social networks;
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g) Hiring experts,
collaborators, and volunteers in the host country to assist with organization,
interpretation, and guidance;
h) Remuneration for
artists participating in the event.
Funding for sending a
delegation abroad to carry out the event prescribed in this Clause shall be in
accordance with regulations on sending cadres on short-term business trips of
the State.
Vietnamese representative
agencies abroad shall, within their jurisdiction, provide information and
guidance on related procedures; connect with host-country agencies,
organizations, and the Vietnamese community abroad to cooperate the
organization of activities promoting Vietnam's image.
2. Teaching and performing traditional arts abroad
a) The State shall
subsidize a part of funding for organizing classes to teach and introduce
traditional Vietnamese art abroad held by Vietnamese Cultural Centers abroad or
by organizations and associations proposed by Vietnamese diplomatic
representative agencies abroad, including: funding for purchasing and transporting musical instruments
and traditional costumes to the location where the class is held and funding for
organizing classes and performances;
b) The State shall
commission or provide subsidies to Vietnamese associations and foreign
universities with a Vietnamese studies department to organize classes and
performance of traditional Vietnamese art abroad;
c) A People's Artisan,
Artisan of Merit, People's Artist, or Artist of Merit sent abroad to teach or
perform shall receive expert remuneration as prescribed by the competent
authority;
d) The State shall
subsidize a part of funding for developing a system of electronic lectures and
multilingual instructional videos (subtitled or dubbed) for traditional art
disciplines for popularization to Vietnamese communities abroad;
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e) The State shall have a
commendation policy for individuals and organizations with outstanding
achievements in teaching and performing traditional arts abroad.
3. Teaching Vietnamese language
a) The State shall develop
Vietnamese language teaching curricula suited to the administrative division,
age group, and offline and online learning formats. The State shall provide
free standard Vietnamese language textbooks, digital learning materials, and
cultural guidance materials to Vietnamese Cultural Centers abroad, educational
institutions, cultural clubs, and weekend or after-school community classes of
the Vietnamese community abroad that register to teach and learn Vietnamese;
b) The State shall
subsidize a part of funding for organizing online or offline pedagogical
training and professional development courses for teachers and volunteers
teaching Vietnamese abroad; and s subsidize the development of an online
teaching platform, a digital learning material repository, and online
Vietnamese classes for the Vietnamese community abroad;
c) The development of
online Vietnamese teaching and learning models, applying artificial
intelligence, digital platforms, digital libraries, and multimedia learning
materials serving Vietnamese people abroad, especially the younger generation
of overseas Vietnamese is encouraged.
The State shall subsidize
a part of funding for organizing Vietnamese language classes abroad. The Ministry of Education
and Training shall take charge of the professional/pedagogical aspects of
teaching Vietnamese, and the Ministry of Foreign Affairs shall take charge in
organizing the teaching of Vietnamese abroad through Vietnamese representative
agencies abroad.
4. Replicating the "Vietnam Town" and "Vietnam
Village" models, and models of cultural clubs, traditional martial arts,
Vietnamese cuisine, and Vietnamese language learning in countries with large
Vietnamese communities living and working
a) For the "Vietnam
Town" and "Vietnam Village" models, the State shall subsidize a
part of funding for designing architectural perspectives, gateway arches,
signs, and distinctive cultural symbols to create unity in the identification
of the national cultural brand; shall support the provision of artifacts for
decorating shared spaces, including: heritage images, representative handicraft products, and
materials introducing the country and people of Vietnam; and shall prioritize
including the "Vietnam Town" and "Vietnam Village" models
in the list of promotional destinations in national tourism promotion programs
and international economic forums;
b) For the cultural club,
traditional martial arts, and cuisine models, the State shall provide free
curricula and documentary films guiding traditional martial arts techniques,
and standardized recipes for representative Vietnamese dishes; shall provide
subsidies for martial arts uniforms, training mats, and martial arts
competition equipment; culinary demonstration equipment and traditional
costumes for club activities; and shall subsidize a part of funding for
organizing martial arts competitions, Vietnamese culinary contests, and
regional or global traditional arts festivals to connect the clubs;
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The Ministry of Education
and Training shall cooperate with the Ministry of Foreign Affairs and relevant
agencies in replicating effective Vietnamese language learning models in
countries with large Vietnamese communities living and working, in connection
with the implementation of the Scheme on "Ngày Tôn vinh tiếng Việt trong cộng
đồng người Việt Nam ở nước ngoài" ("Day of Honoring the Vietnamese
Language in the Vietnamese Community Abroad"), promoting the development
of an environment for learning and using Vietnamese within the community. The Ministry of Education
and Training shall take charge of the professional/pedagogical aspects of
teaching Vietnamese, and the Ministry of Foreign Affairs shall take charge in
organizing the teaching of Vietnamese abroad through Vietnamese representative
agencies abroad.
Article 19. Policies to
support enterprises in promoting and exporting Vietnam's representative
cultural products abroad
1. An enterprise carrying out a program to promote, introduce,
and export representative cultural products in the fields of performing arts,
fine arts, photography, or cinematography selected by the Specialized Council
shall be partially subsidized by the State. The subsidization level shall not exceed 50% of the
following costs:
a) The cost of registering
intellectual property protection and copyright in foreign markets;
b) The cost of hiring
consulting experts for market orientation, and for designing packaging and
labels appropriate to the culture of the host country;
c) The cost of
translation, subtitling, dubbing, and technical format conversion serving the
export of the cultural product.
2. An enterprise satisfying the following criteria shall be
eligible for subsidies:
a) Having a dossier on a
cultural product promotion and export project approved by the competent
authority;
b) The cultural product
exported does not violate intellectual property regulations or other relevant
laws, has export potential, and is owned by the trader;
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3. Procedures for subsidization shall be as follows:
a) In the first quarter of
the year preceding the plan year, the competent authority prescribed in Clause
4 of this Article shall formulate a plan to support enterprises in carrying out
programs to promote, introduce, and export Vietnam's representative cultural
products abroad and announce it on the mass media and on its website;
b) Within 40 days from the
date the competent authority announces the plan, an enterprise apply for
subsidies shall prepare a Scheme for promoting, introducing, and exporting
Vietnam's representative cultural products abroad, using Form No. 04 attached
hereto and submit it in person, by post, or online via the National Public
Service Portal. If
the Scheme does not comply with the requirements stated in the announcement,
within 05 working days from the date of receiving the Scheme, the supporting
competent authority shall respond to the enterprise in writing, clearly stating
the reasons;
c) Within 30 days from the
date of closing receipt of Schemes under the announcement, the competent
authority shall decide the selection of Schemes through the Professional
Council prescribed in Article 17 of this Decree and notify the enterprise of
the selection result.
d) Based on the selection
result, the competent authority shall supplement funding for the subsequent
plan year in accordance with laws on the budget and organize implementation of
the plan in accordance with law.
4. Competent subsidizing authority
a) The Ministry of
Culture, Sports and Tourism, the Ministry of Industry and Trade, and the
Ministry of Foreign Affairs shall cooperate with relevant agencies in providing
subsidies for national programs on the promotion and export of Vietnam's
representative cultural products abroad.
b) The provincial People's
Committee shall providing subsidies for local programs on the promotion and
export of the local representative cultural products abroad.
Article 20. Development
and organization of thematic exhibitions of collections of representative value
relating to Vietnamese cultural heritage at reputable museums around the world,
serving political tasks and promoting the image of Vietnam and Vietnamese people
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a) The selected artifacts
in the collection must have representative historical, cultural, and scientific
value; priority shall be given to artifacts that are national treasures, or
rare antiquities reflecting the cultural characteristics of historical periods,
regions, or cultural heritage of Vietnam;
b) The artifacts in the
collection must have a clear origin and provenance and must be under the lawful
ownership or management of the State of Vietnam or of an organization or
individual in accordance with laws on cultural heritage;
c) The artifacts in the
collection must be assessed by the central state regulatory authority for
cultural heritage as being in a physical condition suitable for transport and
exhibition. The
valuation of the artifacts shall be carried out as a basis for purchasing
insurance and preparing a plan for strict protection and preservation
throughout the entire process from the time they leave storage until they are
returned to Vietnam in accordance with laws on cultural heritage;
d) The collection must be
developed around a scientific theme with a rigorous and engaging exhibition
outline linked to the objective of promoting the national image and consistent
with the external relations orientation of the CPV and the State and be
approved by the Minister of Culture, Sports and Tourism.
2. Criteria for selecting reputable museums around the world
for cooperation in organizing the exhibition:
a) The museum receiving
the thematic exhibition must be a reputable cultural organization with positive
influence in the host country or globally; must have a stable number of
visitors and high potential for media reach;
b) It must fully satisfy
international standards on security, safety, and fire prevention and fighting,
and the technical parameters of the exhibition environment (temperature,
humidity, and lighting) appropriate to the preservation requirements for each
type of material of the Vietnamese artifacts;
c) The partner museum must
sign a written cooperation agreement, committing to ensure Vietnam's ownership
rights over the artifacts; and to comply with international regulations on
immunity from judicial seizure and with the customs and transport procedures of
both parties;
d) Priority shall be given
to museums in administrative division of key importance for external relations,
and major cultural centers of the world to optimize political and cultural
objectives and the development of tourism and cultural industries.
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a) The Ministry of
Culture, Sports and Tourism shall take charge and cooperate with relevant
ministries and central authorities in organizing a survey delegation and
signing cooperation agreements for organizing exhibitions introducing
Vietnamese cultural heritage at reputable museums around the world;
b) Researching and developing
the content, developing the list of artifacts in the collection proposed for
exhibition, the exhibition outline, and compiling the exhibition explanatory
content; translating materials serving the exhibition and promotion and
submitting them to the Minister of Culture, Sports and Tourism for review and
approval;
c) Organizing the overall
exhibition design, exhibition graphic design, technology application design,
and other designs serving the promotion and introduction of the exhibition;
d) Organizing the
transport of artifacts, including specialized packaging, international
transport, and temporary storage abroad; hiring experts to supervise transport
and preservation, accompanying the collection throughout the transport and
exhibition process;
dd) Determining the
monetary value for purchasing insurance for the artifacts, and purchasing
international insurance for the entire artifact collection;
e) Organizing the
installation of the exhibition at the exhibition venue; installing security
equipment and specialized display cases at the exhibition site;
g) Organizing educational
activities on tangible and intangible cultural heritage, and media activities
linked to the exhibition content;
h) Organizing the opening
ceremony of the thematic exhibition, and media and introduction activities for
tangible and intangible cultural heritage at the foreign museum.
4. Funding from the state budget shall fully subsidize the
development and organization of the thematic exhibition and shall be allocated
to cover the content and tasks prescribed in Clause 3 of this Article; the
content and expenditure norms shall comply with laws on cultural heritage.
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CULTURAL AND ARTS FUND
Article 21. Cultural
and arts fund
1. The State shall pilot the establishment of the Cultural and
arts fund (hereinafter referred to as the "Fund") at the central
level and in a number of administrative divisions. The central Fund shall be
established by the Prime Minister, and the local Fund shall be established by
the President of the provincial People's Committee. The pilot period shall be
05 years from the time the Fund is established, up to a maximum of the end of
2035.
2. Legal status of the Fund: The Fund shall operate under a model decided by the
competent authority.
3. Capital sources of the Fund:
The Fund shall be allocated charter capital
from the central or local government budget, provided as a lump-sum payment
together with contributed capital and may receive donation and mobilize other
lawful capital sources in accordance with laws on the state budget and other
relevant laws.
4. The expenditure tasks of the Fund aim at funding,
subsidizing, and investing in:
a) start-up enterprises in
the field of culture and arts with a creative business model, capable of rapid
growth and market scale expansion based on the effective application of
technology, intellectual property rights, breakthrough ideas, or new business
models;
b) Cultural and arts
programs and projects of breakthrough creativity with market potential and
commercial viability and the capacity for spillover and social impact that are
not funded by the state budget, in the fields of: cinematography, fine arts,
photography, museums, and performing arts.
5. The person with authority to establish the Fund shall decide
the ratio of capital contribution from the state budget and the total level of
state capital within the Fund's charter capital appropriate to actual
conditions and the capacity to mobilize investors to participate in
establishing the Fund; the organizational structure, functions, and tasks of
the Fund; the Fund's capital sources, ensuring consistency with the law on the
state budget; the operating mechanism; the management mechanism; and shall
issue the Fund's charter and investment regulations.
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OTHER BREAKTHROUGH MECHANISMS
AND POLICIES IN THE FIELD OF CULTURE
Article 22. Exemption
and reduction of land rent, house rent, and rent for assets attached to land
that are public assets
1. A publisher shall be exempt from, or entitled to a reduction
of land rent, house rent, and rent for assets attached to land that are public
assets in respect of the area used directly for publishing activities, the
distribution of publications, the organization of book introduction and
exhibition activities, libraries, and the development of a reading culture.
2. A publisher eligible for exemption from land rent, and
reduction of house rent, and rent for assets attached to land that are public
assets in respect of the area of use prescribed in Clause 1 of this Article
shall be entitled to the level of incentive decided by the provincial People's
Committee within its authority and in accordance with law.
3. Exemption or reduction shall not apply to areas used for
business, leasing, joint ventures, associations, or other activities not
falling within Clause 1 of this Article.
4. A documentary and scientific film production facility wholly
owned by the State (100% of charter capital) shall be entitled to exemption or
reduction of land rent, house rent, and rent for assets attached to land that
are public assets in accordance with applicable law.
5. The provincial People's Committee shall decide the list of
publishers and the area for each publisher within its province/city, ensuring
publicity, transparency, alignment with the objective of supporting cultural
development, and preventing the loss of public assets.
Article 23. Timely
allocation of funding to promptly bring back to the country national treasures
and valuable rare antiquities of Vietnamese origin located abroad as prescribed
by laws on cultural heritage
The timely allocation of
funding to bring back to the country national treasures and valuable rare
antiquities of Vietnamese origin located abroad as prescribed by laws on
cultural heritage (hereinafter collectively referred to as "national
treasures and valuable rare antiquities") shall be carried out as follows:
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2. After the Prime Minister has approved in principle the
purchase or auction bid and the bringing of the item back to Vietnam in
accordance with laws on cultural heritage, the Ministry of Culture, Sports and
Tourism shall prepare an application and send it to the Ministry of Finance for
the allocation of funding for implementation. The application includes:
a) An application form
from the Ministry of Culture, Sports and Tourism;
b) The written approval in
principle from the Prime Minister;
c) Documents evidencing
the historical, cultural, and scientific value of the artifact and its
Vietnamese origin, including appraisal documents, detailed photographs, and
historical materials;
d) Information on the
auction or purchase agreement, including the auction dossier, a principle
contract, or a quotation document from the foreign party;
dd) A detailed budget
estimate, including: the purchase price, the cost of ownership transfer, auction
fees, legal service fees, insurance costs, packaging and international
transport costs, temporary storage costs, the cost of the security and safety
assurance plan, and the cost of transporting the national treasure or valuable
rare antique to Vietnam
3. After receiving the application prescribed in Clause 2 of
this Article, the Ministry of Finance shall submit it to the competent
authority for review and allocation of funding from the state budget, so that
the Ministry of Culture, Sports and Tourism may carry out the purchase or
auction bid for the national treasure or valuable rare antique and bring it
back to Vietnam.
Article 24. Priority in
the use of services and investment in upgrading facilities at public service
provider operating in traditional culture and arts
1. When organizing national or international events and art
programs serving central and local political tasks, priority shall be given to
the participation of elements from traditional art forms appropriate to the
content of the event or program.
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Article 25. Ensuring
broadcast time for programs on culture, arts, folk and traditional arts on the
radio and television system
1. A radio program channel or television program channel
specified in the radio broadcasting license or television broadcasting license,
in cases of broadcasting cultural and arts news programs, must satisfy the
following:
a) Transmission/broadcast
duration: at least 60 seconds per transmission/broadcast;
b) Frequency of new
transmission/broadcast: at least 01 time per day; specifically, in November
each year, 03 times per day;
c) Time of
transmission/broadcast: within the daily news segments.
2. A radio program channel or television program channel
specified in the radio broadcasting license or television broadcasting license,
in cases of broadcasting programs on culture, folk arts, and traditional arts,
must satisfy the following:
a) Transmission/broadcast
duration: at least 15 minutes per transmission/broadcast;
b) Frequency of new
transmission/broadcast: at least 01 time per week; specifically, in November
each year, at least 03 times per week;
c) Time of
transmission/broadcast: within the time slot from 18:00 to 22:00 from Monday to
Friday each week; and within the time slots from 08:00 to 12:00 and from 18:00
to 22:00 on Saturdays and Sundays each week.
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4. For a domestic radio program channel or domestic television
program channel whose mandate and purpose are to serve children, ethnic
minority compatriots, and external relations tasks, the broadcast time for
programs on culture, folk arts, and traditional arts shall be at least 2% of
the total daily broadcast time of the radio program channel or television
program channel.
5. For other domestic radio program channels and domestic
television program channels, the broadcast time for programs on culture, folk
arts, and traditional arts shall be at least 1% of the total weekly broadcast
time of the radio program channel or television program channel.
6. Responsibilities of press agencies engaging in radio and
television broadcasting
a) Carry out transmission
and broadcasting in accordance with Clauses 1, 2, 3, 4, and 5 of this Article;
b) A press agency engaged
in radio and television broadcasting at the provincial or centrally affiliated
city level shall arrange for the production, transmission, and broadcasting of
programs featuring the local representative culture;
c) Formulate an annual
plan for implementing the production, transmission, and broadcasting to meet
the requirements for disseminating culture, folk arts, and traditional arts;
d) Proactively propose or
arrange sufficient funding for production, transmission, and broadcasting, in
accordance with this Decree.
7. Responsibilities of the governing press agency
a) Direct press agencies
engaging in radio and television broadcasting to operate in accordance with the
mandate and purpose stated in the issued license and in accordance with the
agency's annual program and plan;
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Article 26. Recruitment
policy for talent and specialized occupational personnel in the fields of
culture, arts, and sports
1. A public service provider in the field of culture, arts, or
sports may apply the form of direct receipt into a public employee position for
the cases prescribed in Clause 2 of this Article.
2. For a person trained and having graduated domestically or
abroad in the field of culture, arts, or sports, at a training level meeting
the requirements of the job position applied for, and with professional
achievements, such person may be received where they satisfy one of the
following conditions:
a) Holding a diploma with
an excellent classification, or a diploma with a good classification and having
a specialized subject academic result, or a thesis, project, scheme, work,
graduation program, graduation examination, or graduation composition
assessment result of an excellent classification or an assessment score of 9,0
or higher. Where
the diploma does not indicate a classification, the overall course average
score must be at least 8,0 for a diploma requiring a "good"
classification, or at least 9,0 for a diploma requiring an
"excellent" classification, or converted to an equivalent level as
prescribed;
b) Holding a diploma in a
rare field or specialization specific to culture, arts, or sports, where the
specialized subject academic result, or the thesis, dissertation, project,
scheme, work, graduation program, graduation examination, or graduation
composition assessment result, is of an excellent classification or has an assessment
score of 9.0 or higher, or is converted to an equivalent level as prescribed;
c) Holding a doctoral
degree.
3. For a person with a training level meeting the requirements
of the job position for which recruitment is sought, who has achieved one of
the individual medals or awards at a national, regional, continental, or
international specialized competition, festival, exhibition, or tournament
appropriate to the job position for which recruitment is sought, such person
may be considered for recruitment. To be specific:
a) In the field of sports: A person who has won 02
Gold medals at the Southeast Asian Games (SEA Games), or 01 Silver or Gold
medal at the Asian Games (ASIAD), or has secured an official berth to compete
at the World Games (Olympics, Youth Olympics), or has won 03 Gold medals at the
Southeast Asian championship for a given sport, or 01 Gold medal at the Asian
championship for a given sport, or 01 medal at the world championship for a
given sport;
b) In the field of
cinematography: a
person who has received 02 or more excellence awards at one of the following
festivals, competitions, or awards: The Vietnam Film Festival; an international film festival or
international film award held domestically or abroad with a minimum of 50
countries or territories submitting films for participation; or screenwriting
competitions organized by the Ministry of Culture, Sports and Tourism. The work submitted to the
film festival or award must have been licensed for distribution by the
competent state agency before participation. The excellence awards must have been received at different
festivals, competitions, or awards; an "excellent individual award"
means the highest award granted for each creative field or cinematic
specialization, as announced by the Organizing Committee;
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d) In the fields of fine
arts, photography, and exhibitions: a person who has received 02 First Prizes (or Gold Awards)
or equivalent or higher at the following competitions, festivals, or
exhibitions: the
National Young Fine Arts Festival, the Young Photography Festival, the National
Sculpture Competition and Exhibition, the Vietnam Fine Arts Competition and
Exhibition, the National Applied Fine Arts Competition and Exhibition, the
Vietnam Art Photography Competition and Exhibition, the 10 ASEAN Countries
Graphic Art Competition and Exhibition, or the International Photography
Festival organized by the Ministry of Culture, Sports and Tourism.
4. The standards, conditions, dossier, procedures, and
authority for receiving a person into a public employee position shall comply
with applicable laws on the recruitment, management, and use of public
employees.
5. A person recruited under this Article shall be entitled to
the policy on attracting and making good use of talented persons working in
agencies, organizations, and units of the Communist Party of Vietnam, the
State, the Vietnam Fatherland Front, and socio-political organizations. To be
specific:
a) Persons prescribed in
Clause 2 of this Article shall be entitled to the regime applicable to students
who graduated with excellent results;
b) Persons prescribed in
Clause 3 of this Article shall be entitled to benefits applicable to experts,
scientists, and persons with high professional qualifications in strategic,
key, and important sectors and fields.
Article 27.
Retraining for public employees in the fields of traditional arts, circus, and
dance once they reach the end of their performing career age
1. Public employees in the following fields shall be provided
training on transition to a new job position upon reaching the end of their
performing career age:
a) Traditional arts;
b) Circus;
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2. Public employees prescribed in Clause 1 of this Article
shall be determined to have reached the end of their performing career age in
accordance with the following criteria:
a) They no longer satisfy
requirements for health, physical fitness, motor skills, flexibility,
professional reflexes, performance quality, or stage performing roles after 15
years or more (continuously or cumulatively) directly practicing and performing
in their profession;
b) The employing unit
assesses that they are no longer suitable to continue performing, but eligible
to be assigned, trained, and employed in another position;
c) They have a wish to be
trained in order to transition to a more suitable job position within the
culture and arts sector, or to a professional support position within the unit.
3. The State shall provide funding support for retraining,
refresher training, and career conversion for public employees prescribed in
Clause 1 of this Article including:
a) Tuition fees and
training/refresher training costs under a program approved by the competent
authority;
b) Costs of documents,
textbooks, learning materials, and necessary study equipment;
c) Travel and accommodation
costs during concentrated training periods outside the place of work (if any);
d) Funding for testing,
evaluation, and issuance of certificates or confirmation of completion of the
training program;
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4. Job positions after retraining
Public employees who have
completed retraining shall be considered for assignment to a suitable job
position including:
a) Director, trainer, or
instructor;
b) Choreographer, stage
director, assistant director, or artistic assistant;
c) Performance management,
program production organization, or artistic coordination;
d) Preservation,
restoration, and transmission of traditional arts;
dd) Research,
documentation, digitization, archiving, communication, and arts education;
e) Other job positions
suitable to the needs of the unit.
5. The level of support shall be determined based on the
training program, training duration, requirements for career conversion, and
budget capacity in conformity with sufficient conditions for public employees
to participate in genuine and effective retraining.
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6. Implementation procedures
a) The employing unit
shall review and compile a list of public employees who have reached the end of
their performing career age and require retraining;
b) Evaluate capacity,
health, wish, and the feasibility of job placement after training;
c) Develop a plan for
retraining, refresher training, and career conversion;
d) Submit the plan and
cost estimate to the managing authority for approval;
dd) Provide training,
evaluate results, and arrange suitable job positions after training.
7. Responsibilities of the employing unit
a) Assess and develop
retraining plans for public employees who have reached the end of their
performing career age;
b) Arrange suitable
employment for public employees in the fields of traditional arts, circus, and
dance who have reached the end of their performing career age;
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Article 28. Funding
support for the training and refresher training for high-quality human
resources for cultural industries; personnel specializing in innovation,
digital transformation, and digital cultural content creation; and curators and
appraisers of cultural and artistic works and cultural heritage
1. Learners, civil servants, public employees, employees,
specialists, and individuals working in the fields of culture, arts, and
cultural heritage shall be considered for and provided funding support for
training and refresher training domestically or abroad in one of the following
cases:
a) High-quality human
resources for the cultural industries;
b) Personnel specializing
in innovation, digital transformation, and digital cultural content creation;
management of intellectual property assets in the digital environment;
c) High-quality human
resources for creating cultural, artistic works and cultural heritage;
d) High-quality human
resources for appraising cultural, artistic works and cultural heritage.
2. Subjects prescribed in Clause 1 of this Article shall be
supported when fully satisfying the following requirements:
a) They are assigned,
nominated, or selected by a state competent authority, public service provider,
training institution, organization, or enterprise in relevant field to
participate in a training or refresher training program or course under a
scheme, plan, task, project, or cooperation program approved by the competent
authority;
b) The training or
refresher training program shall comply with the list of priority fields and
specializations issued or announced by the Minister of Culture, Sports and
Tourism within their authority;
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d) They commit to working,
participating in professional activities, and transferring or applying the
results of the training or refresher training as required by the program,
scheme, or task funded by the state budget.
3. Forms of support include:
a) Being sent for training
or refresher training under the plan of the authority or unit;
b) Support under a
program, scheme, project, or commissioned training/refresher training;
c) Cooperative training or
refresher training with domestic and foreign training institutions,
organizations, or experts;
d) Support for study,
professional practice, internships, professional exchange, and updating of
technology, digital skills, administration, intellectual property, and other
specialized knowledge for development of cultural industries.
4. The training or refresher training period shall be from 01
to 06 months for short-term development courses; from 01 to 02 years for
master's degree programs; and from 04 to 05 years for doctoral programs
including internship periods at domestic or overseas major museums,
exhibitions, research institutes, and functional establishments.
5. Approval authority:
a) The Minister of Culture,
Sports and Tourism shall approve programs, schemes, and tasks led by the
Ministry, or subjects under the Ministry's management;
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c) The head of a public
service provider may only decide to send personnel for short-term development
and to provide funding support within the assigned budget estimate when
delegated or authorized by the competent authority.
6. The person receiving support is responsible for reporting on
their study results and submitting degrees, certificates, products, and
transfer reports. In cases where the training support period is 03 months or
more, the person must commit to serving or participating in professional
activities as required by the authority, unit, program, or scheme for a minimum
period equal to twice the training period, unless otherwise provided by laws.
7. The implementation shall funded by the state budget as
decided by the competent authority that sends the person for training.
Article 29. Policies on
priority development of talent in the fields of culture, arts, and sports
1. The Ministry of Culture, Sports and Tourism shall develop,
approve, and organize the implementation of a scheme for developing talent in
the fields of culture, arts, and sports, and a scheme for organizing
specialized competitions for domestic and foreign talents on a 10-year periodic
basis in the fields of culture, arts, and sports in order to train, and provide
performance and competition opportunities for the development of high-quality
human resources.
2. The Ministry of Culture, Sports and Tourism shall develop,
approve, and organize the implementation of a scheme to ensure conditions
regarding physical facilities, equipment, and specialized healthcare in service
of performance, training, and research in a synchronized and modern manner in
accordance with regional and international standards, and objectives and tasks
of cultural and cultural-industry development.
Article 30.
Digitization of cultural heritage that has been ranked at the national level or
the special national level by Provincial People's Committees
1. The state budget for carrying out the digitization of
cultural heritage classified as national relics or special national relics
shall be allocated from regular public services, or from funds for science and
technology, digital transformation, and innovation in accordance with the laws
on the state budget, public investment, and cultural heritage.
2. The content of state budget funding shall cover the
following activities:
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b) Digitizing scientific
dossiers, documents, images, drawings, maps, films, audio recordings, and other
data related to cultural heritage;
c) Carrying out
photography, 2D drawings, 3D drawings, and building digital models and digital
databases for relics, artifacts, antiquities, national treasures, and other
elements constituting the value of cultural heritage;
d) Building and upgrading
technical infrastructure, application software, data storage systems, data
backup, data security systems, and platforms for managing, exploiting, and
sharing digital data on cultural heritage;
dd) Connecting,
integrating, and sharing data with the national database system on cultural
heritage and specialized cultural databases;
e) Training and developing
human resources to serve digital transformation and cultural heritage data
administration;
g) Ensuring information
safety, cybersecurity, confidentiality, and long-term storage of digital data
on cultural heritage.
3. Provincial People's Committees are responsible for:
a) Developing a roadmap
and allocating resources for carrying out the digitization of cultural heritage
in local areas;
b) Managing and updating
digital cultural heritage data in an accurate, complete, and safe manner;
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d) Mobilizing
organizations and individuals to participate in investment, sponsorship, and
provision of technology solutions for digital transformation activities in the
field of cultural heritage as prescribed in Clause 2 of this Article and in
accordance with the laws.
Chapter VIII
IMPLEMENTATION PROVISIONS
Article 31.
Implementation
1. The Ministry of Culture, Sports and Tourism shall:
a) Decide on intensive,
specialized concentrated training programs in culture, arts, and sports;
b) Inspect the
implementation of functions and tasks prescribed in this Decree, and providing
guidelines on the implementation of periodic reporting regimes as prescribed by
laws;
c) Preside over and cooperate
with the Ministry of Finance, the Ministry of Home Affairs, the Ministry of
Foreign Affairs, other ministries, ministerial authorities, other central
authorities, and local authorities in organizing the implementation of this
Decree; conducting interim reviews, and reporting to the Government on the
results of implementing regimes and policies prescribed in Resolution No.
28/2026/QH16 and this Decree after 05 years from the effective date of this
Decree, or within a time limit as required by the competent authority.
2. Relevant ministries and central authorities, within their
tasks and powers, shall cooperate with the Ministry of Culture, Sports and
Tourism in implementing this Decree.
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a) Organize the
implementation of regulations in this Decree within local areas;
b) Based on local
socio-economic development conditions and the local government budget's
balancing capacity, Provincial People's Councils may decide on support policies
for foreign organizations and individuals carrying out filming and film
production activities using local settings in order to promote the image,
culture, and tourism of the local area and of Vietnam in accordance with the
laws on the state budget. Provincial local governments, based on
budget-balancing capacity and expenditure levels as prescribed by laws, shall
provide support for: costs of renting locations and filming settings in the
local area; costs of using infrastructure, premises, and public works to serve
filming activities; costs of promotion, communication, and film distribution
associated with promoting the local image; and costs of organizing film
production, logistics, accommodation, transportation, and other activities
directly serving the filming process in the local area.
Article 32. Effect
This Decree comes into
force from the date on which it is signed.
Article 33.
Implementation
Ministers; heads of
ministerial authorities; Presidents of Provincial People's Committees; relevant
organizations and individuals are responsible for the implementation of this
Decree.
ON THE BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Pham Thi Thanh Tra
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