Application for a license to organize photography exhibition in Vietnam as of December 12, 2023 in Vietnam

Application for a license to organize photography exhibition in Vietnam as of December 12, 2023 in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

On December 12, 2023, the Government issued Decree 89/2023/ND-CP amending Decree 72/2016/ND-CP on photography activities and Decree 126/2018/ND-CP regulating the Establishment and operation of foreign cultural establishments in Vietnam.

Application for a license to organize photography exhibition in Vietnam

 An entity organizing a photography exhibition shall submit 01 application for a license to organize photography exhibition to a competent state authority referred to in Clause 4 of this Article 11 of Decree 72/2016/ND-CP (amended in Decree 89/2023/ND-CP) in person or by post or online.  .

Application for a license to organize photography exhibition in Vietnam include

- An application form for a license to organize photography exhibition in Vietnam, using form No. 01 stated in the Appendix herein;

- List of photographic works expressed in Vietnamese (including ordinal numbers and names of photographic works, and names of photographers, materials, sizes, quantity);

- 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);

- 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;

- 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.

(Clause 1, 3, Article 11 of Decree 72/2016/ND-CP, amended in Decree 89/2023/ND-CP).

Authority to issue license to organize photography exhibition in Vietnam

Ministry of Culture, Sports and Tourism shall grant licenses to photography exhibitions representing for one or several countries, those with nation-wide scale or organized by ministries, boards or regulatory bodies affiliated to the central government, those organized in 02 provinces or cities, or more, and those organized by international or foreign organizations representing their countries or with the cooperation of several countries;

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.

(Clause 4, Article 11 of Decree 72/2016/ND-CP, amended in Decree 89/2023/ND-CP).

Responsibilities of entities participating in photographic activities in Vietnam

Responsibilities of entities participating in photographic activities specified in Article 5 of Decree 72/2016/ND-CP are as folows:

- Do not propagate against the Government of the Socialist Republic of Vietnam; do not sabotage the great national unity bloc.

- Do not reveal secrets of the Communist Party and the Government, military, security, economic and foreign affair secrets, secrets of an individual’s private life and other secrets as regulated by laws.

- Do not incite war of aggression and cause enmity between nations or between the people of countries; do not disseminate reactionary propaganda.

- Do not edit or combine photographic works to falsify contents of images thereof for the purposes of distorting history or denying revolutionary achievements; do not offend great men, national heroes and well-known men of culture; do not slander or damage prestige of an agency or organization, or individual's honour and dignity.

- Do not commit violations against regulations on civilized lifestyle, customs and habits, security and public order; do not propagate violence, crimes and social evils harming human health and damaging ecological environment, and other illegal acts.

- Do not purchase, sell, use and disseminate photographic works in violation of the law or to which decision on suspension or prohibition from sale, recalling, confiscation or destruction issued by a competent authority.

- Comply with laws on copyright, relevant rights and individual's rights over images.

- Organize photography exhibitions in conformity with licensed contents.

More details can be found in Decree 89/2023/ND-CP taking effect on December 12, 2023.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE