What is the policy of the Vietnamese government on performing arts?

What is the policy of the Vietnamese government on performing arts? Foreign organizations and individuals; Vietnamese organizations and individuals and other related organizations and individuals, when fully meeting the conditions prescribed by Vietnamese law and a number of other relevant regulations, will be allowed to conduct artistic activities. performing arts in the territory of Vietnam and from Vietnam to abroad.

According to current law as well as in practice, performing arts is the activity of creating art products shaped in the form of text and sound. Images, sounds, and texts of this activity can be communicated directly or indirectly through technical means to the public in the form of art performance; circulation of phonograms, and video recordings with artistic performance content. What is the current state policy on performing arts? How are performing arts activities regulated by the state? To learn more about this, today, LSX Lawfirm will give you an article about “What is the policy of the Vietnamese government on performing arts?“, as follows:

Legal grounds

• Decree 144/2020/ND-CP regulating performing arts activities

State policy on performing arts

What is the policy of the Vietnamese government on performing arts? Performing arts activities are activities of creating art products shaped in the form of texts, sounds, and images to communicate directly or indirectly through technical means to the public in different forms. art performance mode; circulation of phonograms and video recordings with artistic performance content.

The performing arts include theatre, music, dance, and other traditional and modern folk performances of Vietnam and the world.

State policies on performing arts are specified in Decree 144/2020/ND-CP issued on December 14, 2020, regulating performing arts activities and taking effect on February 1, 2021. Accordingly, the regulations prohibited in performing arts activities include:

Firstly, Against the State of the Socialist Republic of Vietnam.
Secondly, Distorting the history, independence, sovereignty, and territorial integrity of the Socialist Republic of Vietnam; infringing upon national security; denying revolutionary achievements; insulting leaders, national heroes, and celebrities; undermining the great national unity bloc; offending beliefs or religions; racial discrimination; infringing upon the legitimate rights and interests of organizations and individuals.
Thirdly, Inciting violence, propagating wars of aggression, causing hatred among nations and peoples of other countries, and adversely affecting foreign relations.
Finally, Using costumes, words, sounds, images, movements, means of expression, and forms of performing acts contrary to the nation’s fine customs and traditions, negatively affects morality and public health. copper and social psychology.

Rights and responsibilities of a number of subjects related to performing arts

Pursuant to Articles 4, 5, 6, and 7 of Decree 144/2020/ND-CP stipulating the rights and responsibilities of a number of subjects related to performing arts activities as follows:

Rights and responsibilities of art performance organizations and individuals

Organizations and individuals that organize art performances have the right to:

Organize art performances in accordance with the law;
Enjoy legal benefits from organizing art performances.
Organizations and individuals that organize art performances are responsible for:

Comply with and do not violate prohibitions in performing arts activities and other relevant laws.

Comply with the announced content; the content has been approved or approved by a competent state agency according to the provisions of this Decree;
Ensure activities have contents suitable to traditional culture; be suitable for age and gender as prescribed by law; in the case of children’s organizations, they must comply with the provisions of the law on child protection;
Comply with the provisions of the law on copyright and related rights;
Withdrawal of titles and prizes awarded to award-winning organizations or individuals according to the provisions of Article 18 of this Decree;
Performers are not allowed to be used during the period of suspension of art performance activities;
Not to use titles, prizes that have been revoked, canceled, or titles in the cases specified in Clause 4, Article 20 of this Decree in performing arts activities;
Stop or change the time, place, and plan of organizing art performances at the request of competent state agencies

Rights and responsibilities of organizations and individuals participating in art performances

Organizations and individuals participating in art performances have the right to:

Participating in art performances as prescribed by law;
Enjoy legal benefits from participating in art performances and protected by the State in accordance with the law.
Organizations and individuals participating in art performances are responsible for:

Comply with the provisions of Article 3 of this Decree and other relevant laws;
Not taking advantage of performing arts activities to commit illegal acts;
Do not use titles, prizes that have been withdrawn, canceled, or titles in the cases specified in Clause 4, Article 20 of this Decree;
Comply with the provisions of the law on copyright and related rights

Rights and responsibilities of the venue owner of the art performance organization

The owner of an art performance venue has the right to:

Exploiting and using the site as prescribed by law;
Enjoy legal benefits from the exploitation and use of the site.
The owner of the art performance venue is responsible for:

Comply with regulations on business activities, security conditions, social order and safety, fire prevention and fighting, environment, and other relevant laws;
Stop or change the time and scale of art performance activities at the request of competent state agencies.

Rights and responsibilities of organizations and individuals circulating phonograms and video recordings with art performance content

Organizations and individuals that circulate phonograms and video recordings with art performance content have the right to:

To circulate phonograms and video recordings with art performance content in accordance with law;
To enjoy lawful benefits from the circulation of phonograms and video recordings with artistic performance content.
Organizations and individuals that circulate phonograms and video recordings with art performance content are responsible for:

Fail to circulate phonograms or video recordings with contents violating the provisions of Article 3 of this Decree and other relevant laws;
Comply with the provisions of the law on copyright and related rights;
Make the deposit in accordance with the provisions of this Decree.

State regulations on the form of art performance organization

What is the policy of the Vietnamese government on performing arts? Pursuant to Article 8 of Decree 144/2020/ND-CP, the form of art performance organization is as follows:

• Organizing art performances for political tasks; performing arts in service of internal agencies and organizations, and making announcements as prescribed in Article 9 of this Decree.

– Organize art performances at tourism, entertainment, and entertainment service establishments, and restaurants that do not sell tickets for art performances, and make notices as prescribed in Article 9 of this Decree.

• Other art performance organizations that are not in the form specified in Clauses 1 and 2 of this Article shall comply with the provisions of Article 10 of this Decree.

The organization of art performances not directly in front of the public posted on the radio and television system and the network environment is under the responsibility of the poster and broadcaster.

Conditions and procedures for organizing other art performances other than those specified in Clauses 1 and 2, Article 8 of Decree 144/2020/ND-CP

Conditions for organizing art performances

Firstly, Being a public non-business unit with the function of performing arts; professional association for performing arts; organizations and individuals that register their business of performing arts activities in accordance with law;
Must meet the conditions of security, social order and safety, environment, health and fire prevention, and fighting as prescribed by law;
Secondly, Having written approval of the organization of art performance from a competent state agency.
– Competent state agencies specified at Point c, Clause 1 of this Article:

Thirdly, The Ministry of Culture, Sports and Tourism approved the organization of art performances within the framework of international cooperation of the central performing arts specialized associations, and public non-business units with performing arts functions. arts under the Central Government;
Finally, Provincial-level People’s Committees approve the organization of art performances to hold in their management areas that are not subject to the approval of the Ministry of Culture, Sports and Tourism within the Ministry of Culture, Sports and Tourism to organize art performances within the framework of international cooperation. of specialized associations in the performing arts of the Central Government, public non-business units with the function of performing arts under the Central Government.

In addition

• Firstly, the Components of the application file:

A written request for the organization of an art performance (made according to Form No. 02 in the Appendix to this Decree);
The script and list of works attached to the author, who is mainly responsible for the program’s content (for foreign works, the Vietnamese translation must be accompanied by a certified translator’s signature).

• Secondly, Procedures for granting written approval:

Organizations and individuals send 01 sets of dossiers directly; by post or online to a competent state agency at least 07 working days before the expected date of the art performance organization;
In case the dossier is not valid, within 03 working days from the date of receipt of the dossier, the competent state agency shall issue a written notice requesting the completion of the dossier;
So In case, the dossier is complete as prescribed, within 05 working days from the date of receipt of the dossier, the competent state agency shall appraise and issue a written approval for the organization of the art performance (made according to Form No. in the Appendix issued together with this Decree) and posted on the electronic information system. In case of disapproval, must reply in writing clearly stating the reason;

What is the policy of the Vietnamese government on performing arts?

And

In case of changing the approved art performance content, the organization or individual requesting the art performance organization shall send a written explanation clearly stating the reason directly; by mail or online to an approved agency. Within 02 working days from the date of receipt of complete and valid dossiers, the approved agency must consider, decide and notify the results in writing to the requesting organization or individual;
In case of changing the approved time and location of the art performance organization, the organization or individual that requests the art performance organization shall send a written notice directly; by post, or online to the approved agency and the local government where the art performance held at least 02 working days before the scheduled date of the organization then.
The Central Association of Performing Arts and the Central-affiliated public non-business unit with the function of the performing arts shall notify the People’s Committee of the province as prescribed in Clause 4, Article 9 of this Decree. where the performance held after obtaining written approval to organize an art performance within the framework of international cooperation of the Ministry of Culture, Sports, and Tourism then.

Regulations on overseas beauty and model contests in performing arts activities

So Performing arts is an activity to display various types of performing arts, beauty contests, modeling contests, or a combination of performing arts with fashion shows, cultural, and sports activities. The state’s home policy on overseas beauty and model contests is as follows:

Conditions for Vietnamese individuals to go abroad to participate in beauty and model contests
There is an invitation letter from the organization or individual organizing the contest then.
Not during the period of application of administrative handling measures; has no criminal record or not the person charged according to the provisions of the criminal procedure law.
Not during the period of suspension of art performance activities under a decision of a competent state agency.

Procedures and documents to go abroad to participate in beauty and model contests

– For Vietnamese individuals going abroad to participate in beauty contests, models must carry out procedures to request specialized cultural agencies of the provincial-level People’s Committees of the localities where the individual resides to issue written certifications for participating in beauty contests then. , overseas model.

• Components of the application file:

Declaration of going abroad to participate in beauty and model contests according to the form
Criminal record card No. 1;
A copy of the contest invitation with the Vietnamese translation certified by the translator’s signature then.

In addition

• Procedures for issuing confirmation documents:

Individuals send 01 sets of dossiers directly; by post or online to the competent state agency;
Firstly, In case the dossier is not valid, within 03 working days from the date of receipt of the dossier, the competent state agency shall issue a written notice requesting the completion of the dossier.
Secondly, In case the dossier is complete as prescribed, within 05 working days from the date of receipt of the dossier, the competent state agency shall issue a written certification (under Form No. 11 in the Appendix issued together with this Decree). this) and posted on the electronic information system. In case of non-confirmation, a written reply clearly stating the reason must given;
Thirdly, In case the content change has confirmed, the individual shall send a written explanation clearly stating the reason directly; by post or online to a certified agency. Within 02 working days from the date of receipt of complete and valid dossiers, the certifying agency must consider, decide and notify the results in writing to the applicant.
Individuals who have not been certified by a competent state agency according to the above-said procedures shall not use the titles obtained at overseas beauty and model contests in performing arts activities in Vietnam then.

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