| Số hiệu | 89/2023/NĐ-CP |
| Loại văn bản | Nghị định |
| Cơ quan | Chính phủ |
| Ngày ban hành | 12/12/2023 |
| Người ký | Trần Hồng Hà |
| Ngày hiệu lực | |
| Tình trạng |
|
THE GOVERNMENT OF VIETNAM |
SOCIALIST REPUBLIC OF VIETNAM |
|
No. 89/2023/ND-CP |
Hanoi, December 12, 2023 |
DECREE
AMENDMENTS TO CERTAIN ARTICLES OF GOVERNMENT’S DECREE NO. 72/2016/ND-CP DATED JULY 01, 2016 ON PHOTOGRAPHIC ACTIVITIES AND GOVERNMENT’S DECREE NO. 126/2018/ND-CP DATED SEPTEMBER 20, 2018 ON ESTABLISHMENT AND OPERATION OF FOREIGN CULTURAL INSTITUTIONS IN VIETNAM
Pursuant to the Law on Government Organization dated June 19, 2015; the Law on amendments to some Articles of Law on Government Organization and Law on Local Government Organization dated November 22, 2019;
At the request of the Minister of Culture, Sports and Tourism;
The Government promulgates Decree on amendments to certain Articles of Government’s Decree No. 72/2016/ND-CP dated July 01, 2016 on photographic activities and Government’s Decree No. 126/2018/ND-CP dated September 20, 2018 on establishment and operation of foreign cultural institutions in Vietnam.
Article 1. Amendments to some Articles of Government's Decree No. 72/2016/ND-CP dated July 01, 2016 on photographic activities
1. Clause 1 Article 9 shall be amended as follows:
“1. The entity organizing a photography composition campaign, or photography camp, or contest or festival in Vietnam shall send a written notification to the competent authority referred to in Clause 3 of this Article in person or by post or online.
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“b) Departments of Culture, Sports and Tourism/Departments of Culture and Sports shall receive written notifications of photography composition campaigns, photography camps, contests and festivals organized in Vietnam by entities other than those stated in Point a of this Clause.”.
3. Clauses 2 and 3 Article 10 shall be amended as follows:
“2. An organization (ministry, central government or regulatory body affiliated to the central government) that carries photographic works from Vietnam to a foreign country for attending a photography contest or festival under the guise of representing Vietnam shall send a written notification to the competent state authority referred to in Clause 4 of this Article in person or by post or online.
3. The written notification must include information about the entity organizing the photography contest or festival, name, topic, contents, time and location of that photography contest or festival.
The written notification is enclosed by the following:
a) List of photographic works expressed in Vietnamese (including ordinal numbers and names of photographic works, and names of photographers);
b) Photographic works sent to the photography contest or festival, enclosed with photographic notes. Such photographic works must be printed in papers with the smallest paper size of 13 x 18 cm or recorded in CDs (in case they are submitted in person or by post), in JPG or PDF format (in case they are submitted online);
c) Invitation letters and rules of the photography contest or festival, which are translated into Vietnamese
4. Clause 3 Article 11 shall be amended as follows:
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a) An application form for a license to organize photography exhibition in Vietnam, using form No. 01 stated in the Appendix herein;
b) List of photographic works expressed in Vietnamese (including ordinal numbers and names of photographic works, and names of photographers, materials, sizes, quantity);
c) Photographic works shown in the photography exhibition, enclosed with photographic notes. Such photographic works must be printed in papers with the smallest paper size of 13 x 18 cm or recorded in CDs (in case they are submitted in person or by post), in JPG or PDF format (in case they are submitted online);
d) If a photography exhibition is organized at a location which is not an exhibition hall, a written consent made by the owner of the location for exhibition is required;
dd) With regard to a photographic work which contains a nude or semi-nude image of an identified person, a written agreement made between the photographer and that person on photographic contents, time and scope of announcement of that photographic work is required.".
5. Point b Clause 4 Article 11 shall be amended as follows:
“b) Departments of Culture, Sports and Tourism/Departments of Culture and Sports shall issue licenses to organize photography exhibitions other than those prescribed in Point a of this Clause.”.
6. Clause 5 Article 11 shall be amended as follows:
“5. Within 03 working days from the date of receipt of the application for license to organize photography exhibition, the competent state authority that receives the application shall respond to the applicant with respect to the receipt of his/her application according to Form No. 06 stated in the Appendix herein.
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“3. The entity transporting photographic works from Vietnam to a photography exhibition abroad shall submit 01 application for license to a competent state authority referred to in Clause 4 of this Article in person or by post or online. An application includes:
a) An application form for license to transport photographic works from Vietnam to a photography exhibition abroad, using form No. 03 stated in the Appendix herein;
b) List of photographic works expressed in Vietnamese (including ordinal numbers and names of photographic works, and names of photographers, materials, sizes, quantity);
c) Photographic works shown in the photography exhibition, enclosed with photographic notes. Such photographic works must be printed in papers with the smallest paper size of 13 x 18 cm or recorded in CDs (in case they are submitted in person or by post), in JPG or PDF format (in case they are submitted online);
d) The letter of invitation, notice, photo books (if any), written agreement or contract entered into with foreign partner which has been translated into Vietnamese;
dd) With regard to a photographic work which contains a nude or semi-nude image of an identified person, a written agreement made between the photographer and that person on photographic contents, time and scope of announcement of that photographic work is required.".
8. Point b Clause 4 Article 12 shall be amended as follows:
“b) Departments of Culture, Sports and Tourism/Departments of Culture and Sports shall issue licenses to transport photographic works from Vietnam to photography exhibitions abroad to the cases other than those stated in Point a of this Clause.”.
9. Clause 5 Article 12 shall be amended as follows:
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10. The phrase “cơ quan quản lý nhà nước” shall be replaced by the phrase "cơ quan nhà nước” in Clause 1 Article 11; Clause 1, Points a and b Clause 3 Article 13; Clause 1 and Point a Clause 3 Article 14.
Article 2. Amendments to certain Articles of Government’s Decree No. 126/2018/ND-CP dated September 20, 2018 on establishment and operation of foreign cultural institutions in Vietnam
1. Clause 2 Article 12 shall be amended as follows:
“2. Procedures, methods, handling period and authority to issue the Establishment Certificate:
a) The foreign cultural institution in Vietnam that applies for the Certificate shall send 01 application to the People’s Committee of province or central-affiliated city (hereinafter referred to as “the People’s Committee of province”) where its branch is expected to be located in person or by post or online;
b) If the application is deemed incomplete, within 05 working days, from the date on which the application is received, the People’s Committee of province shall send a written notification to the foreign cultural institution in person, by post or via email to require additional documents;
c) Within 15 working days, from the date on which the completed application is received, the People’s Committee of province shall issue the Certificate by using form No. 07 in Appendix hereto and send a copy of the Certificate to the Ministry of Culture, Sports and Tourism. If the application is refused, an explanation in writing is required.”.
2. Clause 3 Article 13 shall be amended as follows:
“3. Procedures, methods, handling period and authority to reissue the Establishment Certificate:
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b) If the application is deemed incomplete, within 05 working days, from the date on which the application is received, the People’s Committee of province shall send a written notification to the foreign cultural institution in person, by post or via email to require additional documents;
c) Within 07 working days, from the date on which the completed application is received, the People’s Committee of province shall reissue the Certificate by using form No. 07 in Appendix hereto and send a copy of the Certificate to the Ministry of Culture, Sports and Tourism. If the application is refused, an explanation in writing is required.”.
3. Clause 2 Article 14 shall be amended as follows:
“2. Procedures, methods, handling period and authority to renew the Establishment Certificate:
a) At least 45 days before the date on which the Establishment Certificate expires, if the foreign cultural institution in Vietnam wishes to renew such Certificate, the foreign cultural institution shall send 01 application to the People’s Committee of province that has issued the Certificate in person or by post or online;
b) If the application is deemed incomplete, within 05 working days, from the date on which the application is received, the People’s Committee of province shall send a written notification to the foreign cultural institution in person, by post or via email to require additional documents;
c) Within 05 working days, from the date on which the completed application is received, the People’s Committee of province shall renew the Certificate and send a copy of the Certificate to the Ministry of Culture, Sports and Tourism. If the application is refused, an explanation in writing is required.”.
4. The phrase “chi nhánh” (branches) in Clause 2 Article 21 shall be annulled.
5. Article 23 shall be amended as follows:
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1. Issue, reissue, and renew Establishment Certificates of branches; manage, suspend or terminate operations of branches of foreign cultural institutions whose headquarters are located in their provinces.
2. Cooperate with the Ministry of Culture, Sports and Tourism and other related agencies in managing foreign cultural institutions and activities organized by such institutions and their branches in Vietnam in their provinces.
3. Before December 05 every year, send consolidated reports to the Ministry of Culture, Sports and Tourism according to regulations on reporting regime applicable to State's administrative agencies on operation results, which are recorded up to November 30 of the year of branches of foreign cultural institutions in Vietnam.”.
6. The phrase “Bộ trưởng Bộ Văn hóa, Thể thao và Du lịch” (the Minister of Culture, Sports and Tourism), “Bộ Văn hóa, Thể thao và Du lịch” (the Ministry of Culture, Sports and Tourism) shall be replaced by the phrase “cơ quan có thẩm quyền cấp phép theo quy định tại khoản 2 Điều 5, khoản 3 Điều 8 và khoản 2 Điều 12 Nghị định này” (the agency having authority to issue a license according to regulations in Clause 2 Article 5, Clause 3 Article 8 and Clause 2 Article 12 of this Decree) in Article 19.
7. Some Forms shall be amended as follows:
a) The Form No. 03 of the Appendix issued together with Decree No. 126/2018/ND-CP dated September 20, 2018 shall be amended by Appendix I issued together with this Decree;
b) The Form No. 06 of the Appendix issued together with Decree No. 126/2018/ND-CP dated September 20, 2018 shall be amended by Appendix II issued together with this Decree;
c) The Form No. 07 of the Appendix issued together with Decree No. 126/2018/ND-CP dated September 20, 2018 shall be amended by Appendix III issued together with this Decree.
Article 3. Implementation
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2. Transition clauses:
a) Licenses to organize photography exhibitions, Establishment Certificates of foreign cultural institutions' branches in Vietnam issued by competent authorities before the effective date of this Decree shall continue to be valid until the expiration date of such licenses and Certificates;
b) In case where applications for issuance of licenses to organize photography exhibitions, Establishment Certificates of foreign cultural institutions' branches in Vietnam have been sent before the effective date of this Decree but such licenses and Certificates have not yet been issued, regulations in Decree No. 72/2016/ND-CP dated July 01, 2016 and Decree No. 126/2018/ND-CP dated September 20, 2018 of the Government shall continue to be applied.
Article 4. Responsibility for implementation
Ministers, Heads of ministerial agencies, Heads of Governmental agencies, chairpersons of People’s Committees of provinces, and related organizations and individuals shall implement this Decree./.
ON BEHALF OF THE GOVERNMENTPP. PRIME MINISTERDEPUTY MINISTERTran Hong Ha
| Số hiệu | 89/2023/NĐ-CP |
| Loại văn bản | Nghị định |
| Cơ quan | Chính phủ |
| Ngày ban hành | 12/12/2023 |
| Người ký | Trần Hồng Hà |
| Ngày hiệu lực | |
| Tình trạng |
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| Số hiệu | 89/2023/NĐ-CP |
| Loại văn bản | Nghị định |
| Cơ quan | Chính phủ |
| Ngày ban hành | 12/12/2023 |
| Người ký | Trần Hồng Hà |
| Ngày hiệu lực | |
| Tình trạng |