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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
185/2007/ND-CP
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Hanoi,
December 25, 2007
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DECREE
DEFINING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL
STRUCTURE OF THE MINISTRY OF CULTURE, SPORTS AND TOURISM
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the Governments Decree No. 178/2007/ND-CP of December 3, 2007, defining
the functions, tasks, powers and organizational structures of ministries and
ministerial-level agencies;
At the proposal of the Minister of Culture, Sports and Tourism and the Minister
of Home Affairs,
DECREES:
Article 1.
Position and functions
The Ministry of Culture, Sports
and Tourism is a governmental agency, performing the function of state
management, of culture, family affairs, physical training and sports and
tourism nationwide, and the state management of public services in the domains
of culture, family affairs, physical training and sports and tourism in
accordance with law.
Article 2.
Tasks and powers
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1. To submit to the Government
bills, draft ordinances and resolutions of the National Assembly and National
Assembly Standing Committee; draft resolutions and decrees of the Government
according to its approved legislative programs and plans and other schemes
assigned by the Government.
2. To submit to the Government
long-term, five-year and annual development strategies, plannings and plans:
national target programs, action programs and national key projects and
programs; draft decisions and directives of the Prime Minister in the domains
of culture, family affairs, physical training and sports and tourism.
3. To propose to the Prime
Minister state prizes and honorary titles in the domains of culture, family
affairs, physical training and sports and tourism; to decide on the
establishment of national councils in the domains of culture, family affairs,
physical training and sports and tourism.
4. To promulgate decisions,
directives and circulars falling within the scope of its state management.
5. To direct, guide, inspect and
take responsibility for the implementation of legal documents and strategies, plannings,
programs and plans falling within the scope of its state management after they
are approved; to conduct the dissemination and education of law in the domains
under its state management.
6. Regarding cultural heritages:
a/ To submit to the Prime
Minister for decision:
- Plannings on the
protection and promotion of values of cultural heritages, then to organize and
guide the implementation of these plannings after they are approved;
- The establishment of national
museums and specialized museums;
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- Proposals to the United
Nations Educational. Scientific and Cultural Organization (UNESCO) to recognize
Vietnams typical cultural and natural heritages as world heritages;
- Plans on the handling of
assets being tangible cultural heritages, including cultural-historical relics,
scenic places, relics, antiques and national treasures, unless otherwise
provided for by laws or ordinances;
- Permission to carry national
treasures abroad.
b/ To decide according to its
competence:
- The classification of national
relics and grade-I museums; the adjustment of protection zones for national
relics; the allocation of relics, antiques and national treasures to
state-owned functional museums according to law;
- The approval of plannings
and projects on preservation and restoration of national relics and special
national relics in accordance with law; the approval of or agreement on the
construction of works in protection zones II of national relics and special
national relics;
- The appraisal of plannings
and projects on preservation and restoration of national relics and special
national relics; projects on renovation and construction of works outside
protection zones of national relics and special national relics in accordance
with law if deeming that they may adversely affect the relics;
- The grant of permits for
archaeological exploration and excavation; the taking of relics, antiques and
national treasures abroad; the duplication of relics, antiques and national
treasures at national museums and specialized museums; the management of the
grant of permits for overseas Vietnamese and foreign organizations and
individuals to study and collect intangible cultural heritages in Vietnam.
c/ To guide the protection and
promotion of values of cultural heritages, traditional festivals and belief
activities associated to historical relics or personalities.
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e/ To recognize and confer
honorary titles on artisans with outstanding achievements in the conservation,
performance and handing down of intangible cultural heritages.
7. Regarding performance arts:
a/ To guide and organize the
implementation of plannings
on state non-business units specialized in performance arts after they are
approved by the Prime Minister;
b/ To promulgate the regulation
on professional art performance; the regulation on organization of festivals,
contests and shows of professional performance arts;
c/ To promulgate the regulation
on organization of beauty contests, fashion model contests, karaoke and
discotheque activities;
d/ To guide the grant of
practice licenses and permits for professional art performances;
e/ To provide for the evaluation
and permission of programs, items and plays to be performed overseas by
Vietnamese organizations or individuals or to be performed in Vietnam by
foreign organizations or individuals;
f/ To promulgate the regulation
on the management of the production and circulation of music and drama tapes
and discs.
8. Regarding cinematography:
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b/ To provide for the
organization of national and international film festivals, foreign film days in
Vietnam and Vietnamese film days in foreign countries;
c/ To manage deposited films and
archive documentary films and motion pictures produced at home and abroad;
d/ To provide for the grant of
permits for film dissemination.
9. Regarding fine arts,
photography and exhibitions:
a/ To guide and organize the
implementation of the national planning on grandiose monuments and murals after
it is approved by the Prime Minister;
b/ To promulgate the regulation
on fine arts, photographic activities, exhibitions, installation, video-art
performance and organization of international sculpture camps in Vietnam;
c/ To provide for the
organization and directly organize national and international displays and
exhibitions of fine-art and photographic works;
d/ To set up specialized
councils for art appraisal and cost estimation of art works according to
regulations
10. Regarding copyright and
related rights on literary and art works:
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b/ To direct and organize the
implementation of law on copyright and related rights to literary and artistic
works;
c/ To protect lawful rights and
interests of the State, organizations and individuals in the domains of
copyright and related rights to literary and artistic works;
d/ To provide for the supply of,
cooperation on, ordering, use and guaranty of copyright to, works and related
rights to performances, audiovisual recordings and broadcasts;
e/ To provide professional guidance
on the protection of copyright to literary and artistic works and related
rights for branches, localities, enterprises, social organizations and
citizens.
11. Regarding libraries:
a/ To guide and organize the
implementation a planning on the library network after it is approved by the
Prime Minister;
b/ To provide for the
cooperation and exchange of books, newspapers and documents with foreign
countries and the sharing of books, newspapers and documents among libraries;
c/ To provide for conditions for
the establishment of libraries and guide the operation of libraries.
12. Regarding advertisement:
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a/ To grant, amend, supplement or
withdraw permits for the establishment of branches of foreign organizations and
individuals engaged in advertisement business;
b/ To examine, inspect and
handle law violations committed by agencies, organizations and individuals
conducting advertisements on various means (except for press, computer networks
and publications) and perform other tasks and powers according to law;
c/ To assume the prime
responsibility for, and coordinate with the Ministry of Information and
Communication in, promulgating joint circulars on procedures for the grant of
advertisement permits and on the examination, inspection and handling of law
violations in advertisements on the press, computer networks and publications.
13. Regarding mass culture,
ethnic minority culture and agitation work:
a/ To guide and organize the
implementation of the regulations on state ceremonies for the reception of
international guests, anniversaries, funerals and other ceremonies as assigned
by the Government;
b/ To guide and organize the
implementation of the planning on grassroots cultural institutions after it is
approved by the Prime Minister;
c/ To formulate and promulgate
policies on conservation, promotion and development of intangible cultural
values of various ethnic groups of Vietnam;
d/ To direct, organize, inspect
and supervise the implementation of policies on ethnic minority culture;
e/ To promulgate the regulation
on the organization of mass art festivals, contests and performances and the
organization of cultural activities and cultural services at public places;
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14. Regarding family affairs:
a/ To assume the prime
responsibility for, and coordinate with the concerned ministries and branches
in, guiding the implementation of law on assurance of equality and non-violence
in families;
b/ To assume the prime
responsibility for, and coordinate with the concerned ministries and branches
in, organizing the implementation of regulations on cultured families;
c/ To organize and guide the
collection and archive of information on families; to direct and organize final
review on practical experiences and development of cultured family models;
d/ To conduct propagation and
education of ethical qualifications, lifestyle and behaviors in Vietnamese
traditional families.
15. Regarding physical training
and sports for all:
a/ To guide and organize the
implementation or national strategies, plannings, plans and
programs on physical training and sport development after they are approved by
the Prime Minister;
b/ To organize and direct the
building of a contingent of instructors and collaborators for mass physical
training and sports; to disseminate and guide physical and sport training
methods, and provide professional training and re-training to grassroots
physical training and sport collaborators;
c/ To assume the prime
responsibility for, and coordinate with branches and localities in, organizing
surveys on peoples physical constitution; to guide, apply and develop
traditional sports and traditional domestic and foreign methods for health
training;
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e/ To coordinate with the
Ministry of Education and Training, the Ministry of Defense and the Ministry of
Public Security in guiding and organizing physical and sport education in
schools and the armed forces;
f/ To guide and register the
operation of mass physical training and sport clubs and establishments.
16. For high-achievement sports
and professional sports:
a/ To propose the Prime Minister
to permit the organization of national, regional, continental and world sports
meets; and regional, continental and world championships of each sport in
Vietnam;
b/ To guide and organize the
implementation of strategies and plannings on development of
high-achievement sports and orientations for development of professional sports
after they are approved by the Prime Minister.
c/ To guide and organize the
implementation of regulations and policies towards sport athletes, coaches and
referees; to specify ownership rights to high-achievement sport tournaments and
professional sport tournaments after they are approved by the Prime Minister;
d/ To permit the organization of
national championships and national junior championships of each sport; to
approve rules of national physical training and sport meets;
e/ To promulgate criteria and
guide the grading of sport athletes, coaches and referees; to recognize the
grading of Vietnamese athletes, coaches and referees by international sport
organizations in accordance with law;
f/ To promulgate the regulation
on the selection of athletes for national squads; to provide for the order and
procedures for the establishment of national sport delegations and national
teams of each sport;
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h/ To guide and register operation
of professional sport-training establishments.
17. Regarding tourism resources
and tourism plannings.
a/ To guide and organize the
implementation of overall plannings
on the development of tourism sector, tourist regions, key tourist areas and national
tourist resorts after they are approved by the Prime Minister;
b/ To promulgate the regulation
on survey, assessment and classification of tourist resources;
c/ To assume the prime
responsibility for, and coordinate with the concerned ministries, branches and
provincial/municipal Peoples Committees in, organizing surveys, assessment and
classification of tourist resources; to promulgate regulations on the
protection, restoration, development and exploitation of tourist resources and
environment in tourist sites and resorts.
18. Regarding tourist resorts,
tourist sites, tourist routes and tourist cities:
a/ To propose the Prime Minister
to recognize national resorts, tourist sites and tourist routes;
b/ To organize the announcement
of national tourist resorts, tourist sites and tourist routes and tourist
cities after the Prime Minister issues recognition decisions;
c/ To guide and inspect the
classification and recognition of local tourist resorts, tourist sites and
tourist routes;
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e/ To promulgate the regulation
on the management of tourist resorts located within the administrative
boundaries of two or more provinces or centrally run cities.
19. Regarding tourist guides:
To promulgate the regulation on
the conditions, procedures and dossiers for the grant, renewal, re-grant and
withdrawal of tourist guides cards and tourist instructors certificates; to
perform the unified management of the grant of tourist guides cards and tourist
instructors certificates all over the country in accordance with law.
20. Regarding tourism business:
a/ To promulgate documents
guiding the implementation of law on travel business, tourist accommodation,
tourist development and other tourist services;
b/ To provide for the criteria
for classification and ranking of tourist accommodation establishments; to
decide on the classification and ranking of tourist accommodation
establishments of 3-star or higher classes;
c/ To coordinate with the
Ministry of Transport in guiding in the transportation of tourists.
21. Regarding tourism promotion
and cultural exchange:
a/ To guide and organize the
establishment and operation of Vietnams tourism promotion and cultural exchange
offices in foreign countries and foreign national tourism promotion offices in
Vietnam;
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c/ To build and guide the use,
exploitation and management of the national tourism database;
d/ To develop products for
tourism propagation and tourist, sport and cultural programs, events, fairs,
seminars, exhibitions and activities at national, regional and international
levels.
22. To decide on, and organize
the execution of, investment projects on the domains of culture, family
affairs, physical training and sports and tourism according to its competence.
23. To grant permits for the
organization of cultural, physical training and sport and tourist activities by
foreign organizations and individuals in Vietnam; to grant permits for the
import and export of cultural articles in accordance with law.
24. To decide on, and organize
the application of, measures to prevent and handle superstitious acts, backward
customs, depraved cultural products and illegal acts in the domains of culture,
physical training and sports and tourism.
25. To propose to the Government
and the Prime Minister the negotiation on, conclusion of, accession to, and
ratification of, treaties on culture, physical training and sports and tourism;
to organize the implementation of treaties and join international organizations
under the assignment of the Government or the Prime Minister; to enter into
international cooperation; to organize and inspect the implementation of
internationally aided programs and projects in the domains of culture, family
affairs, physical training and sports and tourism; to permit the organization
of international conferences and workshops related to the domains of culture,
family affairs, physical training and sports in accordance with law.
26. To organize and direct scientific
research, application of scientific and technological advances and
environmental protection in the domains of culture, family affairs, physical
training and sports in accordance with law.
27. To promulgate standards and
professional criteria applicable to officials of different ranks in its
assigned branches or domains after obtaining appraisal opinions of the Ministry
of Home Affairs; to elaborate and submit to the Ministry of Home Affairs
standards and professional criteria applicable to officials of different ranks
in its assigned branches for approval and promulgation; to promulgate specific
professional criteria of heads of agencies attached to provincial/ municipal
Peoples Committees, which are specialized in the branches or domains under its
management; to elaborate and promulgate technical-economic norms and standards
and national technical regulations in the domains of culture, physical training
and sports and tourism.
28. Regarding the state management
of organizations providing public services in culture, family affairs, physical
training and sports and tourism:
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b/ To promulgate conditions and
criteria for the establishment of state-run non-business organizations in
culture, physical training and sports and tourism;
c/ To manage and direct its
attached non-business units.
29. To exercise the rights to
represent the owner of the state capital portions in enterprises funded with
state capital under its management in accordance with law.
30. Regarding the state management
of operation of associations and non-governmental organizations engaged in
culture, physical training and sports and tourism:
a/ To guide and facilitate the
operation of associations and non-governmental organizations and create
conditions for them to participate in the elaboration and perfection of
regulations on state management of culture, physical training and sports and
tourism;
b/ To handle or propose the
handling of violations committed by associations and non-governmental
organizations operating in culture, physical training and sports and tourism in
accordance with law.
31. To examine, inspect and
settle citizens complaints, denunciations and petitions, prevent and combat
corrupt acts and handle violations in the domains of culture, physical training
and sports and tourism in accordance with its competence; to examine and
inspect the decentralization of state management in branches or domains under
its management.
32. To decide on, and direct the
implementation of, its administrative reform programs according to the
objectives and contents of the state administrative reform programs approved by
the Prime Minister; to formulate and perfect the system of institutions and
laws on state management of culture, physical training and sports and tourism;
to decentralize the management powers to attached agencies and units; to
propose the Government to decide on the decentralization of state management
tasks in its management domains to local administrations; to direct the
implementation of regulations on autonomy and self-responsibility in the
performance of tasks, organizational apparatus, state payroll and finance in
state-run non-business units under its management; to carry out administrative
reform; to apply the quality management systems according to Vietnam standard
TCVN ISO 9001: 2000 and apply information technology in service of its
activities.
33. To direct and guide the
emulation and commendation activities in the domains of culture, physical
training and sports and tourism.
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35. To manage assigned funds and
assets and organize the execution of allocated budget in accordance with law.
36. To perform other tasks
assigned by the Government or the Prime Minister.
Article 3.
Organizational structure of the Ministry
1. The Library Department.
2. The National Culture
Department.
3. The Family Affairs
Department.
4. The Science, Technology and
Environment Department.
5. The Planning and Finance
Department.
6. The Organization and
Personnel Department.
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8. The Training Department.
9. The Legal Department.
10. The Inspectorate.
11. The Office.
12. The Ministrys Representative
Office in Ho Chi Minh
City.
13. The Cultural Heritage
Department.
14. The Performance Arts
Department.
15. The Cinematography Department.
16. The Copyright Department.
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18. The International
Cooperation Department.
19. The Department of Fine Arts,
Photography and Exhibitions.
20. The General Department of
Physical Training and Sports.
21. The Vietnam National
Administration of Tourism.
22. The Management Board of the
Vietnamese Nationalities Culture and Tourism Village.
23. The Vietnam Culture and Arts
Institute.
24. The Information Technology
Center.
25. The Culture and Arts
magazine.
26. The School for Training
Cultural, Sport and Tourist Managers.
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Units defined in Clauses 1 thru
22 of this Article are organizations assisting the Minister in performing the
state management functions; units defined in Clauses 23 thru 27 of this Article
are non-business units attached to the Ministry.
The Planning and Finance
Department, the Organization and Personnel Department, the Science, Technology
and Environment Department and the Ministrys Representative Office in Ho Chi Minh
city may organize sections.
The Minister of Culture, Sports
and Tourism shall propose the Prime Minister to promulgate decisions on the
functions, tasks, powers and organizational structures of the General
Department of Physical Training and Sports, the Vietnam National Administration
of Tourism and the Management Board of Vietnamese Nationalities Culture and
Tourism Village; to propose the Prime Minister to promulgate a list of other
non-business organizations attached to the Ministry.
Article 4.
Implementation effect
1. This Decree takes effect 15
days after its publication in CONG BAO and replaces the Governments 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, Decree No.
22/2003/ND-CP of March 11, 2003, defining the functions, tasks, powers and
organizational structure of the Committee for Physical Training and Sports, and
Decree No. 94/2003/ND-CP of August 19, 2003, defining the functions, tasks,
powers and organizational structure of the Vietnam National Administration of
Tourism.
2. Previous regulations contrary
to this Decree are annulled.
Article 5.
Implementation responsibility
Ministers, heads of
ministerial-level agencies, heads of government-attached agencies and
presidents of provincial/municipal Peoples Committees shall implement this
Decree.
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ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung