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THE
MINISTRY OF CULTURE AND INFORMATION
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
37/2006/QD-BVHTT
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Hanoi,
March 24, 2006
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DECISION
PROMULGATING THE REGULATION ON
ORGANIZATION OF BEAUTY CONTESTS
THE MINISTER OF CULTURE AND
INFORMATION
Pursuant to
the Government's Decree No. 63/2003/ND-CP of June 11, 2003, on the functions,
tasks, powers and organizational structure of the Ministry of Culture and
Information;
At the proposal of the director of the Performing Arts Department and the
director of the Legal Department,
DECIDES:
Article
1.- To issue together with this Decision the Regulation on organization
of beauty contests.
Article
2.- This Decision takes effect 15 days after its publication in "CONG BAO"
and replaces the Culture and Information Minister's Decision No.
31/2000/QD-BVHTT of November 28, 2000, promulgating the Regulation on beauty
contests.
Article
3.- The director of the Ministry Office, the director of the Performing
Arts Department, heads of concerned departments under the Ministry of Culture
and Information, directors of provincial/municipal Culture and Information
Services, and concerned organizations and individuals shall have to implement
this Decision.
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MINISTER OF CULTURE AND INFORMATION
Pham Quang Nghi
REGULATION
ON ORGANIZATION OF BEAUTY CONTESTS
(Issued together with the Culture and Information Minister's Decision No.
37/2006/QD-BVHTT of March 24, 2006)
Chapter I
GENERAL
PROVISIONS
Article 1.- Scope and subjects of application 1.
Governing scope:
1.1.
Organization of domestic beauty contests, including national beauty contests;
regional beauty contests, beauty contests of ministries, branches and central
associations; provincial beauty contests;
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1.3 Sending
contestants to international beauty contests;
1.4. Beauty
pageants organized in festivals, miss photo contests or contests within other
socio-cultural events are not governed by this Regulation.
2. Subjects of
application:
2.1. Vietnamese
units which organize domestic beauty contests;
2.2. Vietnamese
units which collaborate with foreign partners in organizing international
beauty contests in Vietnam;
2.3. Vietnamese
units that send winners of domestic beauty contests to take part in
international beauty contests;
2.4.
Contestants of domestic and international beauty contests.
Article 2.- Definition and beauty contests organized in
a year
1. Definition
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2. Beauty
contests in a year:
Based on the
practical conditions, requirements and capacity of localities and units
applying to hold beauty contests, competent agencies shall permit the holding
of each beauty contest defined at Point 1.1, Clause 1, Article 1 of this
Regulation no more than once a year.
Article 3.- Prohibited acts
1. Beauty
contests must not be held at such venues as general education schools,
historical relics, belief and religious places and other places without
permission of competent agencies.
2. Contestants
of beauty contests must not take acts or say words which are harmful to the
country's image, reputation and honor or badly affect international relations.
3. Contestants
who have not yet won any domestic beauty contests must not go abroad to take
part in international beauty contests.
Chapter II
CONDITIONS
AND PROCEDURES FOR ORGANIZING BEAUTY CONTESTS
Article
4.- Conditions for organizing units, contestants and contest venues
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1.1. Having the
legal person status;
1.2. Having the
function of organizing cultural and art activities;
1.3. Having
obtained competent agencies' decisions permitting the organization of beauty
contests.
2. Contestants of
beauty contests:
2.1. Being
Vietnamese female citizens aged full 18 years or older;
2.2. Having
finished upper secondary or higher education;
2.3. Having not
undergone cosmetic or sex change surgery;
2.4. Having no
criminal records; not being examined for penal liability.
3. Venues of
beauty contests:
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3.2. Ensuring
security and order.
Article
5.- A dossier of application for holding of a beauty contest
1. The written
request, clearly stating the name, scope, objectives and significance of the
contest; time and venue of the contest; and commitments to abide by the
provisions of this Regulation.
2. The written
agreement on the organization of the beauty contest, made by the People's
Committee of the province or centrally-run city where the contest is held.
3. The contest
plan, covering the following contents:
3.1. Rules of
the contest, clearly stating conditions, criteria, contents and procedures of the
contest;
3.2. Funds for
the contest: Self-funded or sponsored expenses for prizes;
3.3. The list
of members of the steering board and organizing board (with their current
professional titles and positions);
3.4. The list
of the judging panel members who are experts of anthropometry, aesthetics,
performing arts, cinematography, photography and sociology (depending on the
scope and characteristics of each contest, the organizing board may invite
other members);
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3.6. Papers
proving the legal person status of the organizing unit.
Article
6.- Conditions and dossiers of application for sending contestants to
international beauty contests
1. Conditions
for contestants:
1.1. Having
been crowned in domestic beauty contests;
1.2. Having
received invitations from organizing boards;
1.3. Having
good command of English;
1.4. Being
represented and sent by a Vietnamese unit meeting all conditions prescribed in
Clause 2 of this Article, which shall be responsible for carrying out relevant
procedures.
2. Conditions
for units sending contestants to take part in international contests:
2.1. Meeting
all conditions defined at Points 1.1 and 1.2, Clause 2, Article 4 of this
Regulation;
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3. A dossier of
application comprises:
3.1. The
written request of the Vietnamese unit which wishes to send a contestant to the
contest, clearly stating the name, objectives and significance of the contest;
time and venue of the contest; the contestant's full name, date of birth, title
and English skill; commitments to strictly abide by this Regulation, rules of
the organizing board and laws of the host country;
3.2. The
invitation of the organizing board, and the rules of the contest;
3.3. The
application of the contestant.
Article
7.- Conditions and dossiers of application for holding of international
beauty contests in Vietnam
1. Conditions:
Foreign
organizations wishing to hold international beauty contests in Vietnam must do
so through a Vietnamese unit and satisfy all the conditions specified at Points
1.1 and 1.2, Clause 1, Article 4 of this Regulation.
2. Dossiers:
Vietnamese
units shall submit dossiers of application for holding of an international
beauty contest in Vietnam, each comprising:
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2.2. The
contract or written agreement with the foreign partner;
2.3. Documents
proving the legal person status of the foreign partner.
Chapter III
INTERESTS
AND OBLIGATIONS OF ORGANIZING UNITS AND WINNERS OF BEAUTY CONTESTS
Article
8.- Interests and obligations of organizing units
1. Interests:
1.1. To
publicize and advertise the contests;
1.2. To
mobilize lawful financial sources for the contests;
1.3. To earn
lawful proceeds from activities within the contests;
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1.5. To send
winners of the contests to take part in overseas international beauty contests.
2. Obligations:
2.1. To
strictly abide by the provisions of this Regulation and relevant legal
documents;
2.2 When
sending contestants to international beauty contests, to create conditions for
contestants to abide by the rules of the organizing boards and laws of the host
countries.
Article
9.- Interests and obligations of winners
1. Interests:
1.1. To receive
titles, prizes and other benefits as prescribed by the organizing boards;
1.2. To take
part in international beauty contests.
2. Obligations:
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2.2. When
taking part in overseas international beauty contests, to abide by the rules of
the organizing boards of such contests and laws of the host countries.
Chapter IV
DECENTRALIZATION
OF MANAGEMENT
Article 10.- Responsibilities and powers of the Ministry
of Culture and Information
The Ministry of
Culture and Information is the agency performing the state management of
organization of beauty contests nationwide. The Minister of Culture and
Information shall permit:
1. The
organization of national beauty contests.
2. The
organization of international beauty contests in Vietnam.
Article 11.- Responsibilities and powers of the
Performing Arts Department
The Performing
Arts Department shall assist the Minister of Culture and Information in
performing the state management of organization of beauty contests nationwide
and have the following responsibilities and powers:
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2. To permit
units to send winners of national beauty contests, regional beauty contests and
beauty contests of ministries, branches and central association abroad to
participate in international beauty contests.
3. To
coordinate with the Culture and Information Ministry's Inspectorate in
examining and inspecting the observance of this Regulation nationwide.
Article 12.- Responsibilities and powers of
provincial-level People's Committees
Presidents of
provincial/municipal People's Committees shall be competent to consider and
permit the organization of, and manage, beauty contests in their localities.
Article 13.- Responsibilities and powers of
provincial/municipal Culture and Information Services
Provincial/municipal
Culture and Information Services shall assist their provincial-level People's
Committees in performing the management of the organization of beauty contests
in their localities and have the following responsibilities and powers:
1. To receive
dossiers and propose presidents of provincial-level People's Committees to
permit the organization of provincial-level beauty contests.
2. To permit
units to send winners of local beauty contests to take part in international
beauty contests.
3. To examine
and inspect the observance of this Regulation nationwide and coordinate with
the Culture and Information Ministry's Inspectorate when so requested.
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1. Time limit
for receipt of dossiers:
1.1. For
national beauty contests: Organizing units shall submit dossiers to the
Performing Arts Department before October 30 every year to apply for the
organization of beauty contests in the subsequent year;
1.2. For
regional beauty contests and beauty contests of ministries, branches and
central associations: The time limits for submission of dossiers shall be based
on the plans of units applying for holding of such beauty contests;
1.3. For
provincial-level beauty contests, the time limit for submission of dossiers
shall be decided by provincial/municipal Culture and Information Services.
2. Time limit
for settlement of dossiers:
2.1. For
national beauty contests: Competent agencies shall consider and settle dossiers
within 20 working days as from the deadline for submission of dossiers;
2.2. For
regional beauty contests, beauty contests of ministries, branches and central
associations and provincial-level beauty contests: Competent agencies shall
consider and settle dossiers within 15 working days after receiving complete
and valid dossiers;
2.3. For
international beauty contests in Vietnam: Competent agencies shall consider and
settle dossiers within 45 days after receiving complete and valid dossiers;
2.4. For
sending contestants to international beauty contests: Competent agencies shall
consider and settle dossiers within 7 working days after receiving complete and
valid dossiers.
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INSPECTION,
EXAMINATION AND HANDLING OF VIOLATIONS
Article 15.- Responsibilities and powers of the
Inspectorates
1. The Culture
and Information Ministry's Inspectorate shall coordinate with the Performing
Arts Department in inspecting and examining the observance of this Regulation
and in handling violations according to its competence nationwide.
2.
Provincial/municipal Culture and Information Services' Inspectorates shall
examine and inspect the observance of this Regulation and handle violations
according to their competence within their localities.
Article 16.- Handling of violations
1. For
organizing units and contestants:
1.1. Organizing
units which commit acts of violating legal provisions on finance, infringing
upon the virtues and dignity of contestants or committing other violations
shall, depending on the nature and seriousness of their violations, make
compensation therefor, be administratively sanctioned or examined for penal
liability according to the current provisions of law.
1.2. Winners of
beauty contests, if committing acts of violating legal provisions, infringing
upon ethical rules and causing bad social impacts, shall have their titles
withdrawn by the organizing boards of the contests.
2. State
agencies with permitting, inspecting and examining competence must properly
perform their functions and powers. Organizations and individuals that abuse
positions and powers in permission, inspection and examination work, issue
wrong sanctioning decisions and cause material or spiritual damage to beauty
contest-organizing units or contestants shall, depending on the nature and
seriousness of their violations, be handled according the current provisions of
law.
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IMPLEMENTATION
PROVISIONS
Article 17.- Effect of the Regulation
This Regulation
takes effect 15 days after its publication in "CONG BAO" and replaces
the Regulation on beauty contests issued together with the Culture and
Information Minister's Decision No. 31/2000/QD-BVHTT of November 28, 2000.
Article 18.- Organization of implementation
The director of
the Performing Arts Department, the Chief Inspector of the Culture and
Information Ministry, directors of provincial/municipal Culture and Information
Services, and concerned organizations and individuals shall have to organize
the implementation of this Regulation.