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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:
39/2001/QD-BVHTT
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Hanoi, August 23, 2001
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DECISION
PROMULGATING THE
REGULATION ON ORGANIZATION OF FESTIVALS
THE MINISTER OF CULTURE AND INFORMATION
Pursuant to the November 12, 1996 Law on the
Promulgation of Legal Documents;
Pursuant to the Government’s Decree No.81/CP of November 8, 1993 on the
functions, tasks, powers and organizational structure of the Ministry of
Culture and Information;
At the proposal of the director of Grassroots Culture and Information
Department,
DECIDES:
Article 1.- To issue
together with this Decision the Regulation on organization of festivals.
Article 2.- The Regulation
on organization of festivals issued together with this Decision takes effect 15
days after its signing and replaces the Regulation on festivals issued together
with Decision No.636/QD-QC of May 21, 1994 of the Minister of Culture and
Information.
Article 3.- The director of
the Office, the chief inspector, the director of the Grassroots Culture and
Information Department, the heads of the units of the Ministry of Culture and
Information, the directors of the Culture and Information Services of the
provinces and centrally-run cities as well as the agencies, organizations and
individuals involved in the organization of festivals shall have to implement
the Regulation issued together with this Decision.
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MINISTER OF CULTURE AND
INFORMATION
Pham Quang Nghi
REGULATION
ON ORGANIZATION
OF FESTIVALS
(issued together with Decision No.39/2001/QD-BVHTT of August 23, 2001 of the
Minister of Culture and Information)
Chapter I
GENERAL PROVISIONS
Article 1.- Subject to this
Regulation are:
1. Folk festivals.
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3. Religious festivals.
4. Festivals imported into Vietnam.
Article 2.- The
organization of festivals is aimed to:
1. Memorize the meritorious deeds of national
heroes and heroines, cultural figures, fallen combatants and predecessors, who
had rendered contributions to building and defending the Fatherland.
2. Preserve and promote the spiritual cultural
values of the community of Vietnamese nationalities.
3. Satisfy the demand for culture, beliefs,
visit of historical and cultural relics, places of scenic beauty, architectural
and artistic constructions as well as natural landscapes, and people�s other
legitimate demands.
Article 3.- The following
acts are strictly prohibited at places of festivals:
1. Taking advantage of festivals to organize
activities against the State of the Socialist Republic of Vietnam, disrupting
public order and security, conducting unlawful propaganda, breaking the
national unity.
2. Organizing superstitious activities,
restoring bad practices in contravention of the national fine traditions and
customs.
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4. Gambling in any form.
5. Burning votive objects (paper houses,
vehicles, horses, domestic utensils...).
6. Other acts of law breaking.
Chapter II
MANAGEMENT AND ORGANIZATION OF FESTIVALS
Article 4.-
1. The organization of the following festivals
is not subject to permit application but must be reported in writing to the
competent State agencies in charge of culture and information at least 20 days
before organizing the festival, on the time, places, contents, scenarios (if
any) of the festivals and lists of members of the festival-organizing boards:
a/ The folk festivals that are organized
regularly, consecutively and periodically;
b/ The typical historic and revolutionary
festivals with significance for education of traditions.
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a/ Festivals organized by the commune-level
administration must be reported to the district-level Culture and Information
Sections;
b/ Festivals organized by the district-level
administration must be reported to the provincial/municipal Culture and
Information Services;
c/ Festivals organized by the provincial-level
administration must be reported to the Ministry of Culture and Information.
3. After receiving a written report mentioned in
Clause 2 of this Article, the concerned culture and information agency shall
have to report to the People’s Committee of the same level thereon. If due to
natural calamities, epidemics or security and order conditions the organization
of festivals defined in Clause 1 of this Article may exert adverse impacts on
the social life of the locality, the relevant People’s Committee shall consider
and decide it.
4. Festivals organized by hamlets and villages
shall not be reported to the Culture and Information agency but must comply
with the relevant stipulations in this Regulation.
Article 5.-
1. The organization of the following festivals
must be permitted by the People’s Committees of the provinces and centrally-run
cities:
a/ Festivals organized for the first time;
b/ Festivals restored for the first time after
many years of interruption;
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d/ Festivals imported into Vietnam, organized by foreigners or Vietnamese;
e/ Festivals other than those defined in Article
12 of this Regulation, which last for more than 3 days each;
f/ Religious festivals outside places of worship
or inside such places but not yet registered for annual organization under the
provisions of the Government’s Decree No.26/1999/ND-CP of April 19, 1999 on
religious activities.
2. The festivals defined at Points a, b and c,
Clause 1 of this Article, which are organized for the second time onward,
regularly and consecutively, shall comply with the provisions of Article 4 of
this Regulation.
Article 6.-
1. The dossiers of application for permits to
organize festivals must be sent to the provincial/municipal Culture and
Information Services at least 30 days before the festival opening. Such a
dossier includes:
a/ The application for festival opening, made by
the organizing body;
b/ A document stating the origin and history of
the festival;
c/ The time, place, plan, program, and contents
of the festival;
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e/ The written consent of the diplomatic agency
(embassy, consulate or consulate general), for festivals imported from
overseas, organized by the community of foreigners studying, working and
lawfully living in Vietnam.
2. Upon the receipt of a valid dossier, the
concerned provincial/municipal Culture and Information Service shall have to
evaluate the dossier and submit it to the president of the provincial-level
People’s Committee for the latter to issue permit within 10 days.
3. If authorized by the president of the
provincial-level People’s Committee, the provincial/municipal Culture and
Information Service shall issue a permit. If refusing to issue a permit, it
must give a written reply thereon.
Article 7.- The People’s
Committee of the locality where a festival is organized shall have to direct
and exercise the State management over the organization of such festival as
prescribed.
Article 8.-
1. Religious festivals organized by
congregations or dignitaries must comply with the provisions of the
Government’s Decree No.26/1999/ND-CP of April 19, 1999 on religious activities.
2. The rituals of religious festivals must be
guided jointly by the State agency in charge of religious activities and the
local culture-managing agency.
3. The religious festival-organizing committee
shall be decided by the congregation after reaching agreement with the local
administration.
Article 9.- The rituals of
festivals must be carried out solemnly according to the tradition and under
guidance of the culture and information service.
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Article 11.- Folk games,
literary and artistic as well as and sport activities organized within the
festival area must bear useful and healthy contents, compatible with the
festival’s scope, nature and characteristics.
Article 12.- Each festival
shall not last for more than 3 days, except for the Hung Temple festival (Phu
Tho), Huong Pagoda festival (Ha Tay), Phu Giay festival (Nam Dinh), Ba Den
Mount Spring festival (Tay Ninh) and Lady Xu Memorial festival (An Giang).
Article 13.- All
festivals, when organized, must have the festival-organizing committees.
1. A festival-organizing committee shall be set
up by decision of the competent local administration, except for the festivals
imported from overseas and organized by foreigners according to the provisions
at Point c, Clause 1, Article 5 of this Regulation. Such committee shall be
composed of a representative of the local administration as its head and
members being representatives of the culture and information service, police
office, religious organizations, Fatherland Front, health service and branches,
mass organizations or individuals related to the organization of the festival.
2. The festival-organizing committee shall take
responsibility for the management and administration of the festival in strict
compliance with the program already reported or submitted for permit granting,
ensuring order, safety and security; organize the provision of accommodation,
meals and sanitation services, thus well protecting the historical and cultural
relics, places of scenic beauty and the environment, and manage the revenues
and expenditures during the festival.
3. Within 20 days after the end of a festival,
the festival-organizing committee shall have to report in writing on the
results of the festival to the local administration in charge of festival
organization and the immediate superior culture and information body.
Article 14.- The festival
participants must show a civilized way of living and abide by regulations of
the festival-organizing committee.
Article 15.-
1. The sale of festival-entrance tickets is
banned.
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3. The provision of services within the relic
premises must comply with the regulations of the festival-organizing committee.
Article 16.- The revenues from public
contributions and charity activities must be managed and used in strict
compliance with law provisions.
Chapter III
IMPLEMENTATION PROVISIONS
Article 17.-
1. The Grassroots Culture and Information
Department under the Ministry of Culture and Information shall have to guide,
monitor and inspect the implementation of this Regulation throughout the
country.
2. The culture and information inspectors shall
have to inspect, detect and handle violations according to their competence.
3. The Culture and Information Services of the
provinces and centrally-run cities shall have to guide, monitor and inspect the
implementation of this Regulation in their respective localities.
Article 18.- Organizations
or individuals breaching the provisions of this Regulation shall, depending on
the nature and seriousness of their violations, be administratively sanctioned
or examined for penal liabilities according to law provisions.
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