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Decree No. 87/cp: On Strengthening The Management Of Cultural Activities And Cultural Services, Promote The Article Except For Some Serious Social Ills

Original Language Title: Nghị định 87/CP: Về tăng cường quản lý các hoạt động văn hoá và dịch vụ văn hoá, đẩy mạnh bài trừ một số tệ nạn xã hội nghiêm trọng

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GOVERNMENT DECREE on strengthening management of cultural activities and cultural services, except some powerful social ills seriously the GOVERNMENT pursuant to the law on Government Organization, 30 September 1992;
To accomplish the goal post except for malicious content culture and some serious social evils, making healthy cultural activities in public, protection, promotion of the cultural identity and moral traditions of the nation, promote economic development, the society of the country;
According to the recommendation of the Minister of culture and information, Minister of the Interior, the Minister of Justice, Minister of labor, invalids and Social Affairs, the Minister of trade, Minister of health, General Director of tourism, the DECREE: article 1. Attached to this Protocol: 1. "regulation of circulation business, film, tape drive, tape drive; sell, rent publications; cultural activities and cultural public services; advertising, articles, latest sign ".
2. "the urgent measures in the article except for some serious social ills".
Article 2.
1. State bodies, economic institutions, social organizations, the armed units and individuals have the responsibility accepted the provisions of the law on preventing and combating harmful cultural, social ills and the regulation has been issued, the provisions attached to this Decree.
2. organizations, foreign individuals reside, operate on the territory of Vietnam is obliged to obey strictly the regulations on social and cultural activities of the State of Vietnam.
3. Heads of government agencies, organizations and social organizations responsible before the law of cultural activities, cultural services and prevention of social distress in the international scope of his management.
4. organizations and individuals have violations of cultural activity and cultural services, prevention of social evils must be handled according to strict laws.
The Organization, individuals with merits in discovering, struggling to prevent the violations are rewarded appropriately.
Article 3. The Minister of culture and information, Minister of labor, invalids and Social Affairs, the Minister of the Interior, the Minister of Justice, Minister of trade, Minister of health, General Director of tourism is responsible for guiding implementation of the regulation, the provisions attached to this Decree.
Article 4. This Decree shall take effect from the day of promulgation. The Secretary of the Ministry, ministerial-level agencies, heads of government agencies, the Chairman of the people's committees of provinces and cities under central authority responsible for the implementation of this Decree.
The provisions of the previous Government contrary to this Decree are repealed.
 
REGULATION OF CIRCULATION BUSINESS, FILM, TAPE DRIVE, TAPE DRIVE;
SELL, RENT PUBLICATIONS; CULTURAL ACTIVITIES and CULTURAL PUBLIC SERVICES; Advertising, articles, LATEST SIGN (attached to Decree No. 87/CP dated December 12, 1995) chapter I GENERAL PROVISIONS article 1.
1. the cultural activities provided for in this regulation are intended to build advanced culture, strong ethnic identity; healthy lifestyle education and behavior style culture for everyone; inherit and develop the tradition of kindness, love, mean Customs; improving understanding and aesthetic level of the people, stop the penetration of the product content toxic culture, enriching the spiritual life of the society, contribute to promoting innovation career.
2. the State encourages the production and dissemination of cultural products has a healthy content, high artistic quality to meet the needs of the people.
Article 2. The State bodies, organizations, social organizations, the armed units and every citizen of Vietnam; organizations, foreign individuals in Vietnam all have accepted the provisions of this regulation. Individual organizations have Bylaw violations are dealt with strict, legal infringement.
Article 3. Prohibiting the dissemination of cultural products and the Organization of cultural activities provided for in this regulation have the debauchery, obscene content, inciting violence and crime, sabotage Vietnam customs.
1. cultural products and cultural activities with debauchery, obscene is the product and the activity in which the images, language, sound, action provocative, stimulating, perverted, immoral incest contrary to ethical traditions and customs of peoples.
2. the cultural products and cultural activities have content inciting violence are the product and operation including image, audio, language, action described the scene, brutally murders and other actions offensive to human dignity, encouraged violence and brutality , not to report the crime, not to protect that, contrary to traditional love of peace and kindness of people.
 
CHAPTER II BUSINESS, CIRCULATION of FILMS, tapes TELEVISION article 4.
1-The circulation business, film, tapes & disk image must comply with the provisions of the decree 48/CP dated 17 July 1995 by the Government on the organisation and operation of the cinema and the provisions of this regulation.

2-tape disk image specified in this Regulation include the television tape, computer disk to record the category: feature films material-science, foreign language teaching, educational, animation, music, stage, sports, karaoke, fashion fad. Tape drive production in the country or imported from overseas must be the State Agency has the authority to allow new been circulating extensively according to specific rules: a) Department of culture and information, browse the tape, disk image: music, theatre, literature, sports, karaoke, fashion fad Educational, teaching foreign languages, produce or import locally and allow circulation.
b) Ministry of culture-information browser and allows the circulating tape disk image feature film due to the units in the country produce or import video, the kind caused by the film production Department of the Ministry of culture-information.
3-The type of ice instead of books or accompanied the Publisher's books follow the provisions of the law on publishing.
4-the broadcast tape drive image on the tv station carried under the provisions of the Press Law and specified in section 4 of chapter III of the decree 48/CP dated 17 July 1995 from the Government.
5-tape television allowed circulation to labelled control (hereinafter referred to as the label). The release and labeled on the ice by the Ministry of culture-information.
Article 5.
1-The following units are mirror discs owned the rights to his business: a) The manufacturing base, the release of the film, tape drive.
b) publishers have produced videotapes instead of accompanying books or books.
2-licensing procedures and conditions mirror the tape drive to the business by the Ministry of culture-information.
3-organ, tape cloning unit disk image to disseminate content not in the provisions of paragraph 1 of this article.
Article 6.
1-unit mirror image to disk tape business only allowed ice mirror disk image has been allowed to circulate.
2-tape cloning unit disk image is not done the following acts: a) or tape cloning disk image to the business without the written consent of the copyright owner.
b) Add, remove or change the audio tape source program has been allowed to circulate to mirror business purposes.
Article 7.
The provisions in clause 1 article 5 of this regulation was to open stores that sell and rent a tape disk image (below referred to as video store) and is responsible for the sale and operation of video rental stores.
Article 8.
1-want to open stores the image must have the following conditions: a) is to be the competent bodies to confirm the right to use.
b) Has video and screen test.
c) Has people in charge of the shop due to open unit shop election or contract in writing.
2-open unit stores the picture have to do procedures allow the Department of culture and information. Stores only be active after having the license of the Department of culture and information and must have the prescribed signs about signs in this regulation.
3-only video store and renting videotapes was tagged. The unit open the store and the person in charge of store bandwidth shaping to be responsible before the law about videotapes that shops selling and renting.
4-the customer is entitled to check the content and quality of the video before you buy or rent.
Article 9.
The Organization, individuals want to film business, bandwidth shaping to be the Department of culture and information in the license to practice and to make business registration procedures. After you have registered a new business activity.
Article 10.
1-hotels, guest houses, holiday homes want to organize business films, videotapes have to ask permission to practice the business registration, as prescribed in article 9 of this regulation.
2-The film score community video, fixed or mobile must be the Department of culture and information in the new permit to be active. If the ticket money must comply with the provisions of article 9 of this regulation.
Article 11.
Cinema, video, video projector available in hotels, guest houses, holiday homes, the projection point outdoor public ice or on means of transport only aired the film, videotapes were allowed to circulate there labeled.
Organizations and individuals violating the provisions of this article must be responsible before the law for his violations.
Article 12. Prohibit the following acts: 1-circulation business, movies, tapes discs with content stipulated in article 3 of this regulation.
2-business mirror, sale, rental, films, tapes, discs that do not have a license to practice and business registration.
3-Buy, sell, rent, rental, video projection does not label or labeling, but not fully record the headings according to the regulations.
4-smuggled, pirated movies, tape cloning disk image.
5-change the name or content of swapping tapes was labeled.
 
CHAPTER III CIRCULATION, ICE BUSINESS DISCOGRAPHY article 13.
1-The music tapes from being State administration authority shall be regulated business.
2-tapes, audio discs replace the book or enclosed list the Publisher made under the provisions of the law on publishing.
The broadcast tapes of the music on the radio, made under the provisions of the Press Law.
Article 14.
1-The following units be cloning music disks ice owned copyright to his business: a) the premises are licensed to produce music tapes.
b) music publishers, the publishers have produced sound discs instead of tapes of books or enclosed list.

c) organizations and individuals licensed music tape business.
2-licensing procedures and conditions mirror by discography to the business by the Ministry of culture-information.
Article 15. The music tapes mirror unit to be cloned just trading music tapes were allowed to circulate in accordance with article 13 of this regulation.
Article 16. The Organization, individuals want to open stores selling music tapes purchased must apply for licensure at the Department of culture and information. In the local Centre of the province, walking difficulties, Department of culture and information that can be decentralized to state regulators about the cultural-level information and licensing practice. After you have licensed to resume business registration procedures and only acted after business registration; only purchase the music tapes have been allowed to circulate.
Article 17. Prohibit the following acts: 1-circulation business, music tapes with content stipulated in article 3 of this regulation.
2-business mirror, buy sell music tapes that do not have licensed and registered business.
3-smuggled, pirated discs replication.
4-mirror, buy sell, play music tapes are not allowed.
5-Extract, add remove or mirror disk tape music to business without the written consent of the copyright owner.
 
CHAPTER IV CULTURAL ACTIVITIES and PUBLIC SERVICES Article 18.
1-hosted public cultural activities specified in this Regulation include theaters, houses of culture, clubs, discos, hotels, guest houses, holiday homes of the State bodies, organizations, social organizations, the armed units and other public activities.
2-The public cultural activities specified in this Regulation include: film, video, performance art, dance, Sing Karaoke, the other form of entertainment.
Article 19.
1-the institutions and individuals operate regular or recurring culture prescribed in article 18 of this regulation must be licensed by the Department of culture and information in the level. Once there is licensed to do business registration procedure and after having registered a new business activity.
2-The State bodies, organizations, social organizations, the armed units have cultural activities specified in clause 2 Article 18 this regulation serves internal, not to collect money, when the operation does not have to ask permission, but must implement the provisions on active content in this regulation. Heads and people directly responsible organization of cultural activities organized by themselves.
The business of nightclub made according to the provisions of article 22, karaokê business conducted under the provisions of article 23 of this regulation.
3-organization, personal leasing locations to public cultural activities are jointly responsible, if the party violates the prohibition in this regulation.
Article 20. Where the public cultural activities specified in article 18 of this regulation must comply with the following provisions: 1-Not released in theaters, seats too tickets too accommodating in the active point out trợi.
2-do not operate in the period from 24 hours until 5 am. Dance hall cases need active after 24 hours to serve foreign guests, are allowed by the Department of culture and information, but also not so 2 am.
3-The nightclub dancing girls used to have labor contracts and are responsible for managing the activities of dancing girls under contract.
4-the volume reached out to the audience room, dance room, karaokê do not exceed the State's rules on standards of "maximum permitted noise Level"-(TCVN of 7352-1995).
5-no to drunk people on where public cultural activities.
6-participants of the public cultural activities must comply with any rules of civilized lifestyle.
7-prohibited acts: pornography, prostitution, and brokers use the girls hug, steward to emulate in any form.
8-the name of the permission, the person who directly organized and violators are liable for violations of the provisions of this Article.
Article 21.
1-the Agency organizational units for the Union, the art group or individual foreign artists performing in a public place must have a permit by the Department of culture and information in levels and are responsible for the content of the shows organized by themselves, except for the foreign art troupes to perform in Vietnam under the cultural exchange program between the two countries.
2-Vietnam citizens and foreigners who want to schedule regular pop Odyssey live activity in a public place must be the Department of culture and information in the occupational level validation and licensing of new practice are active.
3-slide the stage productions, dance program must have a license to perform under the provisions of divisions of the Ministry of culture-information.
Article 22.
Hotels are allowed to organize nightclub to the business must make the rules say here: 1-dance room must have an area of from 80 m 2 upwards.
2-ensure light in rooms on 10 lux.
3-using music, songs to dance to comply with the provisions of article 13 of this regulation.
4-If the singer and actor representations are subject to the provisions of clause 2, article 21 of this regulation.
Article 23. Organizations, individuals active karaokê business must make the following regulations: 1-Karaokê Rooms must have an area of from 20 m square.
2-ensure light in rooms on 10 lux.
3-door glass must be external, Karaokê can clearly see the entire room.

4-the use of songs in the rooms prescribed by the Ministry to Karaokê culture-information.
Article 24. In a public place only held leisure and healthy entertainment activities consistent with the cultural traditions of peoples; not hosted the entertainment with pornography, incitement of violence. The massage services must follow in article 13 "urgent measures regulation article except for some serious social ills" that are attached to Decree No. 87/CP, on 12 December 1995.
 
CHAPTER V the SALE of books, newspapers, PICTURES, calendar and RENTAL Policy 25. The activity of selling books, newspapers, pictures, calendar and book rentals are subject to the provisions of the law on publishing, the Decree 79/CP dated 11 November 1993 from the Government detailing the implementation of the law and Article 26 of this regulation.
Article 26. The Organization, the individual may not sell, lease the following publications: 1 – books, newspapers, calendars, pictures have the reactionary content, debauchery, obscene, provoking violent, superstitious di decency.
2-book publishing unauthorized imports.
3-books, newspapers, magazines, calendars, files, photos, has decided to suspend, revoke, confiscate, all circulation, destroyed.
 
CHAPTER VI ADVERTISING and WRITING ACTIVITIES, LATEST SIGN article 27. The organization or individual operating the ad must strictly implement the provisions of the Decree 196/CP on 31 December 1994 of the Government advertising activities on the territory of Vietnam and the following provisions: 1-the establishment of enterprises doing advertising services on the territory of Vietnam under the State enterprise law Private and Business Law, corporate law.
2-Department of culture and information, the province, the city directly licensing responsibility made the type of advertisement on the local territory except the ads on film, videotapes, publications; Press out more sub-pages, subsection a; the ad channel.
Ads on vehicles, promotional advertising products were allowed to accompany the business that is not of the type prohibited by the advertising Department of culture and information, the main headquarters of the establishment licensing and advertising in force in the country.
Article 28.
Writing the sea we aim to introduce the name, the address of the transaction of State bodies, social organizations, economic organization or individual does not have to ask permission, but must comply with the provisions of this chapter.
Article 29. Signage is shown under the table, form, light box, light grids or other forms. On the sign must fully record the name in Vietnam the right to decide the establishment or business license of the authorized agency, not to be written off and to have the content mostly as specified in articles 30, 31 this regulation for each type of signage. With regard to economic organizations want to show short name, trading name, name of international, foreign words are inscribed at the bottom, the size is smaller than the word Vietnam, colors, light is not more prominent Vietnam Word.
Article 30. Expression of the individual, the organisation must have the following content: name of State agency directly.
The name.
Trading address.
Production facilities, business services are clearly the main business lines.
For the company, private enterprise after the name must clearly be private enterprises, joint-stock companies or limited liability companies.
Article 31. Expression of foreign economic organizations or related business with foreign countries must have content according to the provisions of article 30 of this regulation. First name, name of international trading in a foreign language recorded in the establishment decision of authorized State agencies can write foreign words, but the size is not greater than the word Vietnam written on the same sign.
Article 32. Sign, only to be tied, suspended, placed right at the agencies, institutions, shops, restaurants. On the sign not with the advertising content of any product type goods.
 
CHAPTER VII ENFORCEMENT PROVISIONS Article 33.
1-this regulation with effect from the day of promulgation. Repeal the provisions of the previous Government contrary to this regulation.
2-all the organizations and individuals that are active culture and cultural services provided for in this regulation have no license to act immediately. Want to continue to do operations permission procedure according to the regulations.
3-the Organization, personal and cultural activities service has a permit issued before this regulation, if the eligibility and the procedure according to the provisions of this regulation is to continue creating works, if not qualified must suspend operation immediately, if not enough procedure to do the registration procedure again.
Article 34.
1-Ministry of culture-information in coordination with the ministries concerned detailed instructions implementing this regulation.
2-the people's committees of provinces and cities under central responsibility to guide and inspect the implementation of cultural activities and cultural services at his local as prescribed in this regulation.