Conditions for works, exhibits, documents on display and exhibition place in Vietnam

Conditions for works, exhibits, documents on display and exhibition place in Vietnam (Internet image)

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

1. What is exhibition?

According to Clause 1, Article 3 of Decree 23/2019/ND-CP, exhibition means displaying works, exhibits and documents within a limited period of time at a certain place in different forms by using different technical instruments with the aim of introducing, disclosing or popularizing such works, exhibits or documents to the society.

2. Conditions for works, exhibits, documents on display and exhibition place in Vietnam

Specifically, in Article 8 of Decree 23/2019/ND-CP, works, exhibits, documents and places of the exhibition in Vietnam shall meet the following requirements:

- Works, exhibits and documents on display shall not include the information on:

+ Propaganda against the Socialist Republic of Vietnam and undermining of the whole-people solidarity;

+ Reveal of secrets of the organization or individual without any permission or other legally regulated secrets;

+ Fomentation of wars; animosity between different minority groups or peoples of other countries; religious division, whole-people disunity or distribution of reactionary ideas;

+ History distorting, revolutionary achievement disclaiming; offence against great men, national heroes and cultural famous men; damage to organization or individual’s prestige, personal honor and dignity;

+ Violations against regulations on civilized lifestyle, order and security, distribution of violence, illegal acts and social evils which cause harm to people’s health and destroy natural environment.

- Works, exhibits and documents on display shall not be on the list of products suspended or prohibited from circulation or seized products.

- Works, exhibits and documents on display shall be conformable to the topic of the exhibition with clear origin and legal ownership or use rights.

- The exhibition place shall be suitable for the exhibition size and satisfy conditions for social order and security, environmental hygiene and fire safety.

3. Responsibilities of organizations and individuals engaging in exhibition organization in Vietnam

Responsibilities of organizations and individuals engaging in exhibition organization include:

- Organize exhibitions when licensed (for exhibitions requiring a license) or after the deadline specified in Clause 3 and 4 Article 17 hereof if receiving no written response from the agency receiving the notice of exhibition organization (for exhibitions requiring notice of organization).

- Arrange exhibitions as specified in the license or the notice.

- Comply with regulations on civilized lifestyle, order and security; fire safety and other law provisions.

- Comply with law provisions on intellectual property rights and take legal responsibility for violations against regulations on intellectual property rights in exhibition.

- Perform cooperating activities in exhibitions (if any) under law provisions on such activities. Comply with regulations on exhibition organization of the hosting country when participating in organization of exhibition overseas.

- In case the exhibition is organized by more than one organization or individual, such organization/individual shall mutually authorize, in writing, 1 organization or 1 individual to be the representative. The representative shall sign and seal (if any) the application for a license, submit such application and notice of exhibition organization and take responsibility for the information provided.

- Explain in writing activities included in the exhibition if required by the competent authority or if a sign of violation is found by the competent authority.

(Article 7 of Decree 23/2019/ND-CP)

4. Exhibition authorities

According to Article 5 of Decree 23/2019/ND-CP, state management agencies in charge of exhibition activities include:

- The Government shall ensure consistency in state management in exhibition.

- The Ministry of Culture, Sports and Tourism shall be held accountable to the Government for state management in exhibition.

- Other ministries, ministerial agencies and Governmental agencies shall cooperate with the Ministry of Culture, Sports and Tourism in performing state management in exhibition; assess the exhibition program and response in writing at the request of the Ministry of Culture, Sports and Tourism.

- People's Committees of provinces and centrally-affiliated cities (hereinafter referred to as "provincial People’s Committees”) shall perform state management in provincial exhibitions.

Department of Culture, Sports and Tourism and Department of Culture and Sports shall assist provincial People's Committees in state management in provincial exhibitions.

Tran Thanh Rin

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