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...

Read the untranslated law here: https://www.global-regulation.com/law/vietnam/2952758/ngh-nh-15-2016-n-cp%253a-sa-i%252c-b-sung-mt-s-iu-ca-ngh-nh-s-79-2012-n-cp-ngy-05-thng-10-nm-2012-ca-chnh-ph-quy-nh-v-biu-din-ngh-thut%252c-trnh-din-thi-tra.html

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DECREE amending and 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; competition of beauty and model; circulation business, sound recordings, video recordings, theatrical dance _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law June 19, 2015;
Pursuant to the law enacting the legal text on 03 June 2008;
Pursuant to the law on investment on November 26, 2014;
According to the recommendation of the Minister of culture, sports and tourism, the Government issued decree amending and 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; competition of beauty and model; circulation business, sound recordings, video recordings, theatrical dance.
Article 1. 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; competition of beauty and model; circulation business, sound recordings, video recordings, theatrical dance as follows: 1. Modify item 2 and 4 Article 5 as follows: "2. The Ministry of culture, sports and tourism is responsible for helping the Government implement state management on performance art, fashion shows; competition of beauty and model; circulation business, sound recordings, video recordings, theatrical dance.
The performing arts department is the agency that helps the Ministry of culture, sports and tourism to perform state management of performers, performing arts organizations, the fashion show; competition of beauty and model; circulation business, sound recordings, video recordings, theatrical dance on a national scope.
4. the people's committees of provinces and cities under central (known collectively as the provincial people's Committee) made the governance of performance art, fashion shows; competition of beauty and model; circulation business, sound recordings, video recordings, theatrical dance in the local scope.
The Department of culture, sports and tourism or cultural and sports Facility is the provincial people's Committee to help implement state management of performers, performing arts organizations, the fashion show; competition of beauty and model; circulation business, sound recordings, video recordings, theatrical dance in local scope. "
2. Amendments, supplements article 7 as follows: "article 7. The liability of the Organization, individuals involved in the operation and organization of performance art, fashion shows; competition of beauty and model; circulation business, sound recordings, video recordings, dance stage 1. The responsibility of the venue for the performing arts, fashion shows; beauty contest, model: a) not released too tickets seats or too accommodating where the performing organization to ensure the quality of the art performances, fashion shows, beauty contests, model;
b) guaranteed sound performances do not exceed the standard rules on the maximum permitted noise level;
c) guaranteed security, order, prescribed fire prevention;
d) must have rules and regulations listed in the place;
DD) Organization art performances, fashion show after 12 midnight to 8 a.m. must be State administration to local authorities where the performing organization;
e) must have a license for performing arts organizations, the fashion show; model beauty contest under the rules.
2. The liability of the Organization, individuals performing arts organization, fashion shows; beauty contest, model: a) notified in writing about the content of art performances, fashion show; competition of beauty and model to the Department of culture, sports and tourism or cultural and sports Facility where the performing organization within at least 5 working days before the date of the Organization;
b) comply with the provisions of the law on copyright and related rights;
c) make the right content recorded in the license granted and the rule of law are concerned;
d) made provisions of law in the country and report the results in writing to the licensing authority within 7 days after on water (for the case of a foreign performing arts organization, fashion model, beauty contest;);
DD) awarded for the collective, the individual award shortly after publication of results of the contest;
e) revoking honours, awards given to individuals, the beauty contest prize model when the competent agency approved license;
g) editor of the performances fit ages, sexes when held for kids art performances, fashion shows and requiring the consent of a guardian as prescribed by law;
h) Not disseminate, circulate individual images; programs, performances and perform the acts there form, content contrary to moral standards, values, social customs, traditional culture of Vietnam on telecommunications network;
I) not published, use the title gained in beauty contests, model due to unauthorized attendance that there.
3. The liability of the performing arts, fashion shows; beauty contest contestant, model: a) Only performed the song, the play was allowed to disseminate; Slide Collections and fashion design in the correct content license;
b) for individuals is the Vietnam attending an international model, beautiful people have to obey the regulations of the Organizing Committee of the contest and country law;
c) preserving ethics, image and title of the person who won the match values, ethical standards, social customs, Vietnam's traditional culture and rules of law.
4. The liability of the Organization, the individual circulation business, sound recordings, video recordings, theatrical dance: a) Only been cloned DVR recordings have been licensed to approve content;
b) Just sold, rent sound recordings, video recordings are labeled control as prescribed;
c) Not recorded, record the program, the contents are contrary to the values, ethical standards, social customs, traditional culture of Vietnam;
d) Not disseminate, circulate sound recordings, video recordings not yet approved content; sound recordings, video recordings, form of content contrary to moral standards, values, social customs, traditional culture of Vietnam on telecommunications networks.
5. implementation of tax, fees and charges under the provisions of the law. "
3. Supplement 7a as follows: "Article 7a. To revoke the license of performers, performing arts organizations, the fashion show; competition of beauty and model; circulation business, sound recordings, video recordings, dance stage 1. The base license revocation, performance art, fashion shows; competition of beauty and model; circulation business, sound recordings, video recordings, dance stage: Organization, individual performers, performing arts organizations, the fashion show; competition of beauty and model; circulation business, sound recordings, video recordings, dance stage in violation of the content of the provisions of article 6 and the points a, b, c, g, h Paragraph 2, points a, b, paragraph 3, Clause 5 article 7 of this Decree, depending on the nature and extent of the violation shall be the competent authority to revoke the licence.
2. The Ministry of culture, sports and tourism of detailing the procedures to revoke the license of performers, performing arts organizations, the fashion show; competition of beauty and model; circulation business, sound recordings, video recordings, dance stage. "
4. Modify the point c Article 8 paragraph 1 as follows: "c) registered business service trading performance art, fashion;"
5. Amendments, supplements article 9 as follows: "article 9. Jurisdiction and procedure for granting, revoking the license of performers, performing arts organizations, the fashion show 1. Jurisdiction and procedure for granting, revoking the license of the performing arts organization, fashion show in Vietnam: a) Authority:-Department of performing arts receive the profile, content evaluators, program forms, the play and grant, revoke the license of performing arts organizations, the fashion show for the object specified in the point a , b, d and DD clause 1 article 8 of this Decree in central agencies and subject to the provisions in Point c of paragraph 1 article 8 in the event are the Ministry of culture, sports and tourism to allow invited organizations, foreign individuals in the performing arts, Vietnam fashion show;
-Department of culture, sports and tourism or cultural and sports Facility receiving records, content evaluators, program forms, the play and grant, revoke the license of performing arts organizations, the fashion show for the object specified in points a, c, d, and clause 1 article 8 of this Decree in the locality.
b) procedure: subject to the provisions in clause 1 article 8 of this Decree recommended the organization licenses performance art, fashion to send 1 record directly or by post to the Department of performing arts or the Department of culture, sports and tourism or the Department of culture and sport. The records include: 1 application licensed performing arts organization, fashion (model No. 01);
-01 program content, author, performer, Director; Directory of sample collection and the outline design for the fashion show;
-01 music or script for the proposed works first (for a music or script to use foreign languages to have a Vietnamese translation and certification of the translation company);
-01 text is committed to the full implementation of the provisions of the law on copyright or a copy of the contract or written agreement with the author or the copyright owner;
-01 copy of attest decided to allow foreign individual, organization or individual who settled overseas in Vietnam Vietnam art performances, fashion show (for the participatory programme of the Organization, foreign individuals, individuals who settled overseas Vietnam);
-01 copy of decision on establishment or business registration certificate (the first object implementing administrative procedures and objects in the active process has had violations of the provisions of article 6 of this Decree, submit a copy certified or bring the original to compare).

2. jurisdiction and procedure for granting, revoking the license for the object specified in clause 1 article 8 of this Decree invites organizations, foreign individuals, individuals who settled overseas in Vietnam Vietnam art performances, fashion show: a) competence:-Ministry of culture, sports and tourism grants , revoked the license for the specified object in points a, d and DD clause 1 article 8 of this Decree in the Central Agency invited organizations, foreign individuals into Vietnam performance art, fashion and objects specified in point c of paragraph 1 article 8 invites organizations foreign individuals in the performing arts, fashion show from 11 provinces and cities come up or is not within the province or city where the established enterprises;
-Provincial-level people's committees, revoke the licence for local objects specified in points a, c, d, e and e clause 1 article 8 of this Decree invites organizations, foreign individuals in the performing arts, fashion shows in the local scope;
-Department of performing arts grant and revoke the licence for the object specified in clause 1 article 8 of this Decree invites individuals who settled overseas in Vietnam Vietnam art performances, fashion show.
b) procedure: The object prescribed in clause 1 article 8 of this Decree invites organizations, foreign individuals, individuals who settled overseas in Vietnam Vietnam art performances, fashion show posted 01 record directly or by post to the Department of performing arts or cultural Facility Sports and tourism, or the Department of culture and sport. The records include:-01 license application in Vietnam art performance, fashion show (2);
-01 copy of the text deals with individuals as the Vietnam settled in foreign countries or organizations, foreign individuals (certified Vietnamese translation of the translation company);
-1 passport copy and writing reviews of Vietnam's foreign bodies in the country (for the individual is the Vietnam settled abroad);
-01 copy of decision on establishment or business registration certificate (the first object implementing administrative procedures and objects in the active process has had violations of the provisions of article 6 of this Decree, submit a copy certified or bring the original to compare).
3. jurisdiction and procedure for granting, revoking licenses to organizations, individual Vietnam offshore performance art, fashion: a) competence:-Ministry of culture, sports and tourism granted, revoked the license for the objects specified in points a, d and DD clause 1 article 8 of this Decree in the central agencies;
-Provincial-level people's committees, revoke the license for the specified object in points a, c, d and DD clause 1 article 8 of this Decree in the locality.
b) procedure: subject to the provisions in clause 1 article 8 of this Decree the proposal for organizing, to abroad personal performance art, fashion to send 1 record directly or by post to the Department of performing arts or the Department of culture, sports and tourism or the Department of culture and sport. The records include:-01 application licensed offshore performance art, fashion (model No. 03);
-01 program content, author, performer, Director; Directory of sample collection and the outline design for the fashion show;
-01 music or script for the proposed works first;
-01 copy of the text deals with a foreign organization (Vietnamese translation of the certified translation company);
-01 copy of decision on establishment or business registration certificate (the first object implementing administrative procedures and objects in the active process has had violations of the provisions of article 6 of this Decree, submit a copy certified or bring the original to collate). "
6. Amendments, supplements of item 2 article 10 as follows: "2. The validity of the license: a) license for foreign individuals, institutions in Vietnam art performance, fashion show by Ministry of culture, sports and tourism level has an effect on the national scope;
b) licenses for foreign individuals, organizations in the province, the city of art performances, fashion show by the provincial people's Committee level in force in the local scope;
c) license for Vietnam was the artist settled in foreign countries represented by the performing arts level has a maximum duration of 6 months;
d) license to performing arts organizations, effective fashion all over the country, except in the case of restrictions on the venues specified in the licence. Term of validity of the licences granted to the ca program, dance, music and license 06-maximum levels for maximum stage 12 months. "
7. Amend paragraph 1 article 12 as follows: "1. organizations and individuals, organized for the art group, who performed Vietnam serves internal purposes at Headquarters or in the base stay travel, restaurant meals, refreshment does not sell tickets, collect the money, the view is not recommended for licensing but must implement the relevant provisions at the Point a, b, c, d, paragraph 1, points a, b, g Paragraph 2, point a of paragraph 3 article 7 and the other provisions in this Decree. "
8. Amend article 14 as follows: "article 14. Performing arts organizations, the Agency's fashion show, Radio Television Authority 1. The activities of performing arts institutions, agency fashion Agency, television broadcasters must license proposal: a) the Agency, radio and television agency associated with the units, the business of performing arts organizations, other fashion to staging, arranging live performances in public , the audience;
b) radio Agency, the Agency organized television performing arts, fashion shows have released tickets for the audience streamed performances.
2. The activities of performing arts institutions, no fashion in the case prescribed in clause 1 of this article, the head of the Agency, the agency responsible for the tv program content and not permit the Organization of performing arts, fashion shows. The Radio Authority, the television agency send message text as specified in paragraph 2 to article 7 of this Decree to the competent State agencies test, monitoring and processing the violation under the provisions of the law on administrative sanctions in the field of culture, sports, tourism and advertising. "
9. Amend article 15 paragraph 1 as follows: "1. When performing arts organization of the masses are not recommended for licensing but must implement the points a, b, c, d, paragraph 1, points a, b, g Paragraph 2, point a of paragraph 3 article 7 of this Decree and the regulations the following specific : a) When held in residential areas, in order to serve the internal political task or meet the needs of cultural activities, cultural basis by the responsible organization;
b) When held outside of internal, must be notified in writing about the purpose, scope, agenda, timing, location, performer with the Department of culture, sports and tourism where performers at least 5 working days before the performance. "
10. Amend article 17 as follows: "article 17. Object organization model and beauty contest 1. Vietnam organization has registered business service culture, art or decided to establish the function of cultural activities, the arts of the competent State bodies.
2. foreign organization in collaboration with the Organization of Vietnam have registered business service culture, art or decided to establish the function of cultural activities, the arts of the State Agency has the authority to hold the contest in Vietnam. "
11. Article 20 amendment as follows: "article 20. The authority granted, revoked the license held a beauty contest and model 1. The Ministry of culture, sports and tourism granted, revoked the license held a beauty contest and model for: a) scale beauty contest in the country;
b) model international contest held in Vietnam;
c) International beauty contest held in Vietnam.
2. The Bureau of the performing arts grant, revoke the licence held a beauty contest, for the model: a) scale model competition nationally;
b) contest the scale, beauty industry, Union Central.
3. provincial-level people's committees, revoke the licence held a beauty contest and model for beauty contests, model local in scope. "
12. Amendments, supplements article 21 as follows: "article 21. Licensing procedures held a beauty contest, model 1. Proposed organization of the licensing examination, the beautiful model posted 01 record directly or by post, to the Department of performing arts or the Department of culture, sports and tourism or the Department of culture and sport. The records include: a) 1 single suggestion contest license (model No. 12);
b) 1 project organization, which stated: contest rules, regulations of the Organizing Committee, the jury;
c) accepted 01 location hosted the final round of contest of the provincial people's Committee sent the Licensing Agency (not applicable to model beauty pageant province level);
d) 01 copy attested the contract or written agreement between the Organization of Vietnam with foreign organizations (Vietnamese translation of the certified translation company, for the beauty contest, the international model in Vietnam);
DD) 01 copy of the decision to establish or business registration certificate (the first object implementing administrative procedures and objects in the active process has had violations of the provisions of article 6 of this Decree, submit a copy certified or bring the original to compare).
2. Foreign organizations contest the international model, beautiful people in Vietnam have to coordinate with the Organization of Vietnam have registered business service culture, art or decided to establish the function of cultural activities, the arts of the competent State bodies. Vietnam organization filing prescribed in paragraph 1 of this article.
3. Term of license:

Within 15 working days (for the beauty contest, model in water) and 30 days (for the beauty contest, the international model in Vietnam), from the date of receipt of a valid application, the competent State Agency license. The case is not licensed must reply in writing and stating the reason.
4. The Ministry of culture, sports and Tourism Guide submission procedure Committee proposal to grant the province approved location to host the finals, beauty pageant model. "
13. additional amendments to article 22 as follows: "article 22. The conditions and procedure for granting permission to contest the international model, beautiful 1. Conditions for contestants: a) reached the title in the competition, gorgeous model in water;
b) Are a registered organization of Vietnam business culture, art or decided to establish the function of cultural activities, the arts of the competent State Agency as the representative made the proposal procedure permit the contest beautiful people, international model and put away the competition.
2. licensing procedure for contestants competed in the international model and beauty: representative organizations suggest a beauty contest license, international model posted 01 record directly or by post to the Department of performing arts. The records include: a) 1 single suggestion contest license (model No. 12);
b) 1 a curriculum vitae of the candidates are competent State agencies;
c) 1 single register of students;
d) 01 copy of invitation, beauty pageant model of international organizations;
DD) 01 copy of certificate of title, the beauty contest model in water;
e) 01 copy of the decision to establish or business registration certificate (the first object implementing administrative procedures and objects in the active process has had violations of the provisions of article 6 of this Decree, submit a copy certified or bring the original to compare).
3. Term of permit: within 5 working days from the date of receipt of a valid application, the Performing Arts Department of licensing. The case is not licensed must reply in writing and clearly state the reason. "
14. Amendments, supplements article 24 as follows: "article 24. Jurisdiction and procedure for granting, revoking the license approved by the content sound recordings, recording dance, stage 1. Sound recordings, video recordings, theatrical dance production in the country or imported must be competent State agencies specified in clause 3 of this license the content approval.
2. The authority granted, revoked the license approved by the content sound recordings, video recordings, theatrical dance: a) performing arts Agency receiving records, grant, revoke the licence approved by the content sound recordings, video recordings, dance stage due to the central agencies in the Organization of production or import;
b) Department of culture, sports and tourism or cultural and sports Facility receiving records, grant, revoke the licence approved by the content sound recordings, video recordings, dance stage due to the local organization of production or import.
3. procedures for the approval of content licensing recordings to record dance, stage: proposed organization to license the content approval posted 01 record directly or by post to the Department of performing arts or the Department of culture, sports and tourism or the Department of culture and sport. The records include: a) 1 application licensed content approval (model No. 12);
b) 01 directory of authors, works, performers;
c) 1 sheet music and lyrics or script (for foreign works must have a Vietnamese translation of the certified translation company);
d) 01 recordings, recorded content, theatrical dance;
DD) 7 written commitment to the full implementation of the provisions of the law on copyright or a copy of the contract or written agreement with the author or the copyright owner;
e) 01 copy of proof of common decisions and decide for the Vietnam people settled abroad join performance art (if in the program that uses the works composed before 1975, the work led by the Vietnam settled abroad and artists was the Vietnam overseas residents to attend performances);
g) 1 shell designs sound recordings, video recordings;
h) 01 copy of the decision to establish or business registration certificate (the first object implementing administrative procedures and objects in the active process has had violations of the provisions of article 6 of this Decree, submit a copy certified or bring the original to compare).
4. Term of license: within 5 working days from the date of receipt of a valid application, Department of performing arts or the Department of culture, sports and tourism or the Department of culture and sport is responsible for licensing the content approval. The case of the need to extend the time limit for the evaluation license, nor too 07 working days. Case no license approval must reply in writing and stating the reason.
5. Sound recordings, video recordings, theatrical dance licensed content approval, before widespread circulation are labeled control. Label control due to organization of production, circulation, sales, DVR recordings and is responsible before the law.
a) information on the label control must show the following: program topics; the number, date and licensing agency approved the content; the number of sound recordings, video recordings released; address, contact phone number and the name of the licensed institutions approved the content;
b) sound recordings, video recordings, dance stage licensed the content approval and labelling control effect in circulation across the country and customs declaration when making export. "
15. Amend Article 26 as follows: "article 26. Legal sound recordings, video recordings, theatrical dance within 5 working days from the date licensee approved by the content sound recordings, video recordings, authorized institutions have the responsibility to submit to legal licensing agency and the Department of performing arts, each 2 recordings , recording of finished products (have labeled controls). The Agency received the legal responsibility to keep sound recordings, video recordings within a period of 2 years, on expiry, the Agency accepted the legal processing of sound recordings, taping legal according to the regulations of the Minister of culture, sports and tourism. "
16. Amendments and supplements article 27 as follows: "article 27. Distribution of sound recordings, video recordings, dance stage in Vietnam, foreign individuals 1. Organizations, foreign individuals distribute recordings, dance stage on the territory of Vietnam in accordance with international treaties to which the Socialist Republic of Vietnam is a member, and the provisions of other relevant laws.
2. organizations, foreign individuals not directly distribute a record, dance stage on the territory of Vietnam. "
17. Amend paragraph 1 to article 28 as follows: "1. organizations and individuals, Vietnam and foreign organizations that are active in the export business, Vietnam imported sound recordings, video recordings, theatrical dance performed under the provisions of this Decree, the law on trade and investment."
18. Amendments to clause 2, 3 and 4 Article 29 the following: "2. The works of music, stage composed before 1975 or works of Vietnam who are living and settled in foreign release in the form of publications must be made to the provisions in Paragraph 3 of this article and the provisions of the law on publishing.
3. organizations and individuals want to disseminate works composed before 1975 or works of Vietnam who are living and settled abroad, filed 01 record directly or by post to the Department of performing arts. The records include: a) 1 common license application works composed before 1975 or works of Vietnam who settled abroad (model No. 08);
b) 1 copy music or theatrical script (with the author's certificate, the owner of the work);
c) 01 copy of identity card or passport of the author (for individual recommendations allow popular);
d) 01 copy of the decision to establish or business registration certificate (the first object implementing administrative procedures and objects in the active process has had violations of the provisions of article 6 of this Decree, submit a copy certified or bring the original to collate);
DD) 01 copy writing reviews of Vietnam's foreign bodies in the country (for the suggested personal first popular);
e) 01 recordings with content files.
4. within 10 working days from the date of receipt of a valid application, Department of performing arts organizations evaluation and licensing decisions. The case is not licensed must reply in writing and clearly state the reason. "2. Terms of implementation 1. The Decree has effect from 1 January 2016.
2. Annuls Article 25 of Decree 79/2012/ND-CP of rules of competence and procedure control label issued recordings, video recordings, theatrical dance.
Article 3. Responsibility 1. The Ministry of culture, sports and tourism guiding the implementation of this Decree.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, central cities and other organizations and individuals concerned is responsible for the implementation of this Decree.