The Decree 15/2016/nd-Cp: Modifying, Supplementing A Number Of Articles Of Decree No. 79/2012/nd-Cp On 05 October 2012 Of The Government Regulation On Performance Art, Fashion Shows; A Fishing Competition.

Original Language Title: Nghị định 15/2016/NĐ-CP: Sửa đổi, bổ sung một số điều của Nghị định số 79/2012/NĐ-CP ngày 05 tháng 10 năm 2012 của Chính phủ quy định về biểu diễn nghệ thuật, trình diễn thời trang; thi ngư...

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THE GOVERNMENT.
Number: 15 /2016/ND-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, March 15, 2016

DECREE

S Change, add a number of things. N Number one. 79 /2012/NĐ-CP October 05, 2012 - The government.

rules about performing arts, fashion shows; beauty and models; circulating,

Record business, dance music, stage.

________________________

Government Law Base June 19, 2015;

The Administrative Law of the Executive Code of the Law of the Law on 3 June 2008;

The Investment Law Base November 26, 2014;

At the suggestion of the Minister of Culture, Sports and Tourism,

The government issued the revised decree, adding some of the provisions of the 79/20 decree. 1 2/ND-CP on October 5, 2012 of the Government Regulation d i Art, fashion show. i the beauty and the model; l priority, record business, dance music, stage.

What? 1. Modified, add some of the provisions of the Digital Protocol 79 /2012/NĐ-CP October 5, 2012 The government provides for performing arts, fashion shows; beauty and model; circulate, record business, recording music, stage as follows:

1. Fix 2 and 4 Articles 5 as follows:

" 2. The Ministry of Culture, Sports and Tourism is responsible for helping the Government to implement state management of performing arts, fashion shows; beauty pageant and model; circulation, record business, music recording, theatre.

The Bureau of Performing Arts is the body that helps the Ministry of Culture, Sports and Tourism perform state management work on performance, performing arts performances, fashion shows; beauty and model; touring, recording business, recording and dancing. the music, the stage on the national scale.

4. The Provincial People ' s Committee, the Central Committee of the Central Committee (collectively known as the Provincial People's Committee) performs state management of performing arts, fashion shows; beauty and model; touring, recording business, recording music, music, and music. The stage is in the local area.

The Department of Culture, Sports and Tourism or the Department of Culture and Sports is the body that helps the Provincial People ' s Commission perform the state management work on performance, performing arts performances, fashion shows; beauty contests and models; circulation, business, and business. The record, the music recording, the stage in the local area. "

2. Modified, add Article 7 as follows:

" Article 7. The responsibility of the organization, the individual to participate in performing and organizing artistic performances, fashion shows; beauty pageant and model; circulated, record business, music recording, theatre, and music.

1. The responsibility of hosting the venue of the performing arts, fashion show; beauty pageant, model:

a) Not to issue a ticket in the number of seats or overcapacity of the performing venue to ensure the quality of the performing arts, fashion shows, beauty pageants, models;

b) The performance sound does not exceed the regulation of the maximum amount of noise allowed;

c) Security guarantees, order, fire prevention, regulations;

d) There must be content, the regulation listed at the site;

The performing arts, fashion show after 12 p.m. to 8 am is required by the local authorities to be granted local authority.

e) There must be a license to hold an art, fashion show; beauty pageant, model.

2. The responsibility of the organization, the individual who organizes performing arts, fashion shows; beauty pageant, model:

a) A written notice of the content of the performing arts show, fashion show; beauty and model to the Department of Culture, Sports and Tourism or the Department of Culture and Sports where the organization performs during the period of at least 05 working days before the day of the organization;

b) Implemonation of the provisions of the law of authorship and related rights;

c) Perform the correct content in the license issued and the provisions of the relevant law;

d) The correct implementation of the law in the country and having the text report results with the licensing authority over the course of the 07 days after coming back to the country (for the case of foreign countries performing arts, fashion shows; beauty pageant). model);

Giving a prize to the body, the individual achieves the solution immediately after the publication of the competition;

e) To recall the title, the award given to the individual who won the beauty pageant, the model when the authority granted the authority to grant approval;

g) The performance of the performing repertoire is consistent with age, sex, and the organization for children performing arts, fashion shows, and the consent of the guardian in accordance with the rules of the law;

h) Not popular, circulating personal images; programs, repertoire of performance and implementation of content behaviors, left form with value, social moral norms, traditional purebred, traditional Vietnamese culture on telecom networks;

i) Do not publish, use the title achieved at the beauty contests, models due to unauthorized participation.

3. The responsibility of the performer of the arts, the fashion show; the beauty pageant contestant, the model:

a) Only to perform songs, the play was allowed to be popular; perform the collection and fashion design in accordance with the content of the license;

b) For the individual being the Vietnamese who compete for the beauty, the international model must accept the regulation of the Competition Organisor and the water law at;

c) To uphold the moral, image and title of the person to be consistent with the value, the standard of social morality, the pure American culture, the tradition of the culture of Vietnam and the right of law.

4. The responsibility of the organization, the individual circulating, the record business, the recording of the dance music, the stage:

a) Only the record character, the recording has been granted a content approval license;

b) Only sold, for record rental, record labels are labeled as prescribed;

c) No recording, recording programs, repertoire has left content with value, social moral standards, American net style, Vietnamese cultural tradition;

d) Not popular, record record, uncensored content; record, content-based recording, left form with value, social moral standards, American net style, Vietnamese cultural tradition on the telecommunications network.

5. Make up the payment of taxes, fees and fees by the rule of law. "

3. Add Article 7a as follows:

" 7a. Recording the performance license, performing arts performances, fashion shows; beauty pagemen and models; circulated, record business recording, music recording, stage, and more.

1. The base revoked the performance, performing arts, fashion shows; beauty and model; touring, recording business, recording music, theater:

The organization, the performer, the performing arts, fashion show; beauty and model; circulated, record business, music recording, stage violation of one of the prescribed content at Article 6 and Points a, b, c, g, h, h. Paragraph 2, Points a, b Clap 3, Clause 5 Article 7 This decree, depending on the nature, the extent of the breach shall be revoked by the authorities.

2. Ministry of Culture, Sports and Tourism rules the sequence of the sequence, procedures for performing a performance permit, performing arts performances, fashion shows; beauty contests and models; circulation, record business, music recording, theatre. "

4. Modip Point 1 Section 1 Article 8 is as follows:

"c) Enterprise has a business registration of performing arts, fashion shows;"

5. Modified, add Article 9 as follows:

" Article 9. The authority and procedure granted, revoking the performance permit, the performing arts performance, fashion show.

1. Authority and procedure, revoking the license to hold an art performance, fashion show in Vietnam:

a) jurisdiction:

-The Performing Arts Department takes over the profile, the content appraisal, the program form, the show and the grant, revoking the art of the performing arts, the fashion show for the specified object at points a, b, d and the Article 8 This Article 8. of the Central Authority and the stipulated object at Point 1 Article 8 in the event of the Ministry of Culture, Sports and Tourism for the invitation of the organization, the foreign individual into Vietnam performing arts, fashion shows;

-The Department of Culture, Sports and Tourism or the Department of Culture and Sports reception to the profile, content appraisal, program form, play and grant, the recovery of the organization of the performing arts, the fashion show for the specified object at points a, c, d, And this Article 8 of this Decree is a local.

b) The procedure:

The specified object at Clause 1 Article 8 This decree offers a license to hold an art demonstration, a fashion show to send 1 live profiles or via post on a postal route to the National Bureau of Performing Arts or the Department of Culture, Sports and Tourism or the Department of Culture And sports. Profile:

-01 proposals to grant artistic performance, fashion show (Form 01);

-01 program content, author, director, performer; catalog collection and design outline design for fashion shows;

-01 soundtracks or scenarios for the first performance offer (for the music or script using foreign language must have the Vietnamese translation and the translation of the translation company);

-01 text committed to fully implement the provisions of the law of authorship or copy of contract or written agreement with the author or owner of the copyright;

-01 copy of the decision to allow the organization, the foreign individual, the individual is Vietnamese residing abroad in Vietnam performing arts, fashion shows (for the show ' s participation, the foreign individual, the individual). is the Vietnamese who settled abroad);

-01 copies of established decision-making or corporate registration certification (The first object to perform administrative procedures and objects in the operation process has violated the regulation at Article 6 of this Protocol filing a certificate or bear). The origination of the original.

2. Authority and procedure, revoking the license to the specified object at Clause 1 Article 8 of which invites the organization, the foreign individual, the individual is Vietnamese residing abroad in Vietnam performing arts, fashion shows:

a) jurisdiction:

-Ministry of Culture, Sports and Tourism, revoking the license to the subject of regulation at points a, d and Article 8 This decree belongs to the Central agency inviting the organization, the foreign individual into Vietnam performing arts, fashion shows, and opposition. It ' s a stipulation at the Point of Section an Article 8 that invites organizations, foreign individuals into performing arts, fashion shows from two provinces, cities or cities, cities, cities, cities, cities, cities, cities, cities, cities, cities, cities, cities, cities, cities and cities.

-Committee of the Provincial People's Provincial Committee, revoking a license to a local property stipulated at the points a, c, d, e, and e Clause 1 Article 8 This decree invites organization, foreign individual to performing arts, fashion shows within local ranges;

-The Bureau of Performing Arts grants and revoking the license to the prescribed object at Clause 1 Article 8 This decree invites individuals to be Vietnamese residing abroad in Vietnam performing arts, fashion shows.

b) The procedure:

The subjects stipulated at 1 Article 8 of which invited the organization, foreign individuals, individuals who were Vietnamese residing abroad in Vietnam performing arts, presenting fashion shows 1 live records or via post-mail to the Bureau. Performing arts or the Department of Culture, Sports and Tourism or the Department of Culture and Sports. Profile:

-1 single offer to Vietnam performing arts, fashion show (Form 02);

-01 copies of the written agreement with the individual are Vietnamese residing abroad or organizations, foreign individuals (certified Vietnamese translations of the translation company);

-01 copy of the passport and the comment text of the Vietnamese diplomatic agency in the country (for the individual being Vietnamese residing abroad);

-01 copies of established decision-making or corporate registration certification (The first object to perform administrative procedures and objects in the operation process has violated the regulation at Article 6 of this Protocol filing a certificate or bear). The origination of the original.

3. Authority and procedure, revoking license to the organization, Vietnamese personally abroad performing arts, fashion show:

a) jurisdiction:

-Ministry of Culture, Sports and Tourism, revoking the license to the specified objects at the points a, d and Article 8 This decree is of the Central Authority;

-Department of the Provincial People's Committee, revoking the license to the specified object at points a, c, d, and Article 8 of this Decree in the locality.

b) The procedure:

The subject of regulation at Clause 1 Article 8 This decree offers licenses for the organization, the individual abroad performing arts, the fashion show sends 1 live profiles or via post to the National Bureau of Performing Arts or the Department of Culture, Sports and Tourism and Sports. Profile:

-01 offers to grant foreign access to performing arts, fashion shows (Form No. 03);

-01 program content, author, director, performer; catalog collection and design outline design for fashion shows;

-01 score or script for the first public offering.

-01 copy of the written agreement with the foreign organization (the certified Vietnamese translation of the translation company);

-01 copies of established decision-making or corporate registration certification (The first object to perform administrative procedures and objects in the operation process has violated the regulation at Article 6 of this Protocol filing a certificate or bear). The origination of the original. "

6. Modified, add 2 Article 10 as follows:

" 2. The validity of the license:

a) A license for the organization, foreign individual to Vietnam performing arts, fashion shows hosted by the Ministry of Culture, Sports and Tourism in effect on a nationwide scale;

b) The permit for the organization, the foreign individual to the province, the city performing arts, the fashion show provided by the Provincial Committee of the People's Provincial Committee is in effect within the local sphere;

c) The license to the artist is that Vietnamese who settled abroad about the country performing by the Bureau of Performing Arts had a maximum minimum of 6 months;

d) The license to hold a performing arts, fashion show is in effect on a nationwide scale, except for the limited case of the specified performance venue in the license. The deadline has the validity of the licensing license for the show, dance, maximum music for 6 months and the licensing license for the 12-month maximum stage show. "

7. Corrects 1 Article 12 as follows:

" 1. The organization, the individual organization for the art delegation, the Vietnamese performers for the purpose of serving internal affairs at headquarters or performing at tourist shelters, dining restaurants, non-ticket sales, pay for the performance, not a license offer. But we have to do the regulations that are relevant at the points a, b, c, d, clause 1, Points a, b, g Clap 2, Point a Section 3 Article 7 and other regulations at this Decree. "

8. Modified Article 14 as follows:

" Article 14. Artistic demonstration organization, fashion show of the radio body, television agency, and television.

1. The activities of performing arts, broadcast agency fashion, television agencies must recommend licensing:

a) The radio agency, the television agency associated with the units, the business organization performing arts, other fashion shows for staging, hosting the show live in front of the public, the audience;

b) The broadcasting agency, the TV body that organizes performing arts, shows fashion shows tickets to the audience to watch the show live.

2. The activities of performing arts, the fashion show is not part of the stipulation at Clause 1 This, the head of the radio body, the television agency responsible for the program content and not the licensing offer. The art of performing arts, fashion shows. The broadcasting agency, the television agency that sent the text informed by the regulation at Article 2 of Article 7 of this decree to the state agency to have the authority to examine, monitor and dispose of the breach in accordance with the law of administrative sanctions in the field of culture, sport, travel and advertising. "

9. Corrects 1 Article 15 as follows:

" 1. When the organization of the public art does not have to offer a license level but must perform the points a, b, c, d, clause 1, Points a, b, g Clap 2, Point A 3 Article 7 This decree and the following specific regulations:

a) When it is held in residential areas, internally in order to serve political duties or to meet the needs of cultural life, the underlying culture is responsible;

b) When the organization is outside the internal scope, it must be announced in writing of the purpose, scope, program content, time, venue performing with the Department of Culture, Sports and Tourism where performing at least 05 days of work before the performance date. "

10. Modified Article 17 as follows:

" Article 17. The object of the beauty pageant, and the model.

1. Vietnam Organization has a registered cultural, artistic or decision-making business that has established cultural, artistic functions of the state authority.

2. The foreign organization in coordination with the organization of Vietnam has registered cultural, artistic or decision-making business that has established cultural, artistic functions of the state agency with authority to host the pageant in Vietnam. "

11. Modified Article 20 as follows:

" Article 20. The authority granted, revoked the license to hold the beauty and the model.

1. Ministry of Culture, Sports and Tourism, revoking the license to organize beauty and models for:

a) The beauty pageant has a nationwide scale;

b) International modeling competition held in Vietnam;

c) The International Beauty Competition is held in Vietnam.

2. Bureau of Performing Arts, revoking the license to host beauty pageant, the model for:

a) The modeling competition has a nationwide scale;

b) The beauty pageant is a region, the industry, the central body.

3. Committee of the Provincial People's Department, revoking the organization's licenses for beauty and models for the beauty pageant, the model within the local scope. "

12. Modified, add Article 21 as follows:

" Article 21. The procedure for the organization of the beauty pageant, the model.

1. The organization recommends licensing the organization of the beauty pageant, the model sends 1 live profiles or via post office, to the Bureau of Performing Arts or the Department of Culture, Sports and Tourism or the Department of Culture and Sports. Profile:

a) 01 applications to grant permission to hold the competition (Form No. 04);

b) 01 project organization, which states: The institution of the competition, the activities of the activities of the organising committee, the jury;

c) 01-text acceptance of the post-finals organization of the contest finals of the Provincial People's Committee sent the licensing body (not applicable to the beauty pageant, the provincial model);

d) 01 copies of contract evidence or agreement text between the organization of Vietnam with foreign organization (Vietnamese translation certification of the translation company, for the beauty pageant, international model held in Vietnam);

1 copy of the decision to establish or a certificate of enterprise registration (The first object to perform administrative procedures and objects in the operation process has violated the stipulation in Article 6 of this Protocol filing a certificate or certificate). It ' s the original one for the show.

2. The foreign organization that organizes the beauty pageant, the international model in Vietnam must coordinate with the Vietnamese organization that registers the cultural, cultural, or decision-making business of establishing culture, the art of the state agency. You have jurisdiction. The organization of Vietnam filed a prescribed record at this one.

3. licensing timeout:

For a 15-day period of working (for beauty pageant, domestic model) and 30 working days (for the beauty pageant, the international model is held in Vietnam), since the date of the receiving of valid records, the state agency has the authority to grant licenses. The non-licensing case must respond in writing and specify the reason.

4. Ministry of Culture, Sports and Tourism directed the procedure to file a proposal for the Provincial People's Committee to approve the venue for the finals of the beauty pageant, the model. "

13. Modified, add Article 22 as follows:

" 22. The condition and procedure of granting the beauty of the beauty, the international model

1. Conditions for the contestant:

a) has achieved the main title at the beauty contests, models in the country;

b) Being registered by a Vietnamese organization that registers cultural, artistic, or decision-making, the art of the state agency has the authority to act as a representative of the procedure for granting a license to the beauty of the beauty, The international model and the show.

2. The procedure of granting licenses to the contestant attending the beauty pageant and international model:

The representative organization recommends granting a beauty reserve, the international model to send 1 live profiles or via post-mail to the Performing Arts Department. Profile:

a) 01 (Form No. 05).

b) 01 A pilot ' s background profile is confirmed by the state authority;

c) 01 subscriptions for the contestant;

d) 01 copy of the invitation to attend the beauty pageant, the international model of the foreign organization;

1 copy of the title of the beauty pageant, the model in the water;

e) 01 copies of the establishment decision or business registration certificate (The first object to perform administrative procedures and objects in the operation process has violated the stipulation in Article 6 of this Protocol filing a certificate of or not). It ' s the original one for the show.

3. License-grade timeout: During the 5-day period of work, since the date of a valid filing, the Office of the Performing Arts grants licenses. The unlicensed case must respond in writing and specify the reason. "

14. Modified, add Article 24 as follows:

" 24. The authority and the procedure granted, revoking the license to approve the record, recording of music, stage.

1. Music recording, music recording, domestic or import production stage must be regulated by the state authority at paragraph 3 This issue grants approval of the content.

2. Authoritfully, revoking the license to approve the record, recording of music, stage:

a) The Performing Arts Department takes over the profile, granting, revoking a license to approve a record content, recording of music, theater, and stage, as a result of organizations belonging to the organization of the Central Agency, or imported;

b) The Department of Culture, Sports and Tourism or the Department of Culture and Sports reception to the profile, granting, revoking the license to approve recordings of recordings, recording of music music, theatrical productions, or by local or imported local organizations.

3. The procedure of issuing a license to approve the recording of music recordings of music, theater:

The organization offers a license to approve the content of sending a 1-set file directly or via a postal route to the Bureau of Performing Arts or the Department of Culture, Sports and Tourism or the Department of Culture and Sports. Profile:

a) 01 proposed licensing of content approval (Form 06);

b) 01 the author of the author, the work, the performer;

c) 01 music and lyrics or scriptwriter (for foreign work must have a certified Vietnamese translation of the translation company);

d) 01 recording, recording feature music, theater;

b) 01 text committed to fully enforce the provisions of the law of authorship or copy of contract or written agreement with the author or owner of the copyright;

e) 01 copies of the decision to populate the work and decision for Vietnamese residing abroad to participate in performing arts (if in the program to use the work before 1975, the work was settled by the Vietnamese in foreign countries). And the artist is the Vietnamese who settled abroad for the show.

g) 01 prototype record shell design, recording;

h) 01 copies of the established decision plan or business registration certificate (The first object to perform administrative procedures and objects in the operation process has violated the stipulation in Article 6 of this Protocol filing a certificate or certificate). It ' s the original one for the show.

4. licensing deadline:

During the 5-day period of work, since the date of the receiving of valid records, the Bureau of Performing Arts or the Department of Culture, Sports and Tourism or the Department of Culture and Sports is responsible for issuing a license to approve the content. The case needs to renew the appraisal deadline, the licensing is also no more than 07 days of work. The case does not grant approval to be answered by writing and stating the reason.

5. Records, music recording, stage is licensed to approve content, before extensive circulation has to label it. The label's control label, circulation, record business, printed print and responsible for the law.

a) Information on the control label must express the following content: Program Subject; number, date, and licensing authority approx content; the number of recordings, the release of the release; address, telephone number, and organizational name are licensed to approve the content. It was

b) The recording, recording of the dance music, the stage is granted a license to approve the content and label the controls that are in effect circulating nationwide and declare customs when carrying out the export. "

15. Modified Article 26 as follows:

" Article 26. Save Okay. The record, the music recording, the stage.

During the 5-day period of work, since the date of the approval of the record content, the recording, the licensed organization is responsible for filing a submission to the licensing authority and the Performing Arts Department, each of the 2 recordings, the publication of the book. (label). The agency received responsibility for the retention of recordings, taped over the course of the 02-year period, over the end of the term, the recipient of a record-based record handling, record-based recording by the Minister of Culture, Sports and Tourism. "

16. Modified, add Article 27 as follows:

" Article 27. Distribution of recordings, music recording, stage in Vietnam of the organization, foreign individual

1. Organization, foreign individualism is only distributed in music recordings, stage in the territory of Vietnam by regulation at the international convention that the Socialist Republic of Vietnam is a member and other laws of law are related.

2. Organization, foreign individuals who are not directly distributing dance music recordings, stage on Vietnamese territory. "

17. Fix 1 Article 28 as follows:

" 1. The organization, Vietnamese personally and foreign organization are operating in Vietnam for export business, importing records, recording music music, and stage making on regulations at this decree, legislation on trade and investment. "

18. Modified 2, 3 and 4 Articles 29 as follows:

" 2. The music, written before 1975 or the work of the Vietnamese are living and settled abroad in the form of the publication of the provisions of Article 3 and the provisions of the law of publication.

3. The organization, the individual who wants to populate the composition before 1975 or the work of the Vietnamese who are living and residing abroad submit 1 live records or via post-mail to the Performing Arts Bureau. Profile:

a) 01 a common licensing offer for the publication of a written work before 1975 or the work of the Vietnamese residing abroad (Form 08);

b) 01 copies of the music or theatrical script (there is certification by the author, the owner of the work);

c) 01 copies demonstrate the people or passports of the author (for the individual offering the common permission);

d) 01 copies of the established decision plan or business registration certificate (The first object to perform administrative procedures and objects in the operation process has violated the stipulation in Article 6 of this Protocol filing a certificate of or not). It ' s the original one for the show.

1 copy of the Vietnam Foreign Service's comment text in the country (for the first recommended individual);

e) 01 recordings with a work content.

4. During the 10-day period of work, since the date of receiving a valid file, the Bureau of Arts performs the appraisal and decides to issue a license. The unlicensed case must respond in writing and specify the reason. "

What? 2. Terms of execution

1. This decree came into effect on 1 May 2016.

2. Repeal Article 25 Decree 79 /2012/NĐ-CP regulation of authority, the procedure for label control, recording of music, stage music, and stage.

What? 3. Responsibility

1. Ministry of Culture, Sports and Tourism directed this decree.

2. Ministers, peer-to-peer agencies, Head of the Government of the Government, Chairman of the Provincial Committee of the Provincial People, the Central City of the Central Committee and the organizations, the individual is responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung