Purposes of organizing performance art in Vietnam

Purposes of organizing performance art in Vietnam (Internet image) 

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

1. Purposes of organizing performance art in Vietnam

Specifically, Article 8 of Decree 144/2020/ND-CP stipulates purposes of organizing performance art including:

- Organizing performance arts serving political missions; performance arts service individual agencies and organizations: announce according to Article 9 of Decree 144/2020/ND-CP.

- Organizing performance arts serving at tourism, recreational, restaurant facilities without selling art performance tickets: announce according to Article 9 of Decree 144/2020/ND-CP.

- Organizing performance arts for purposes other than those specified under Clauses 1 and 2 of this Article: conform to Article 10 of Article 8 of Decree 144/2020/ND-CP.

- Organizing performance arts which are not delivered directly in front of the general public: upload on broadcast and/or television systems and internet environment and uploaders shall be responsible for the upload.

2. Regulations on announcing performance art organization in Vietnam

Pursuant to Article 9 of Decree 144/2020/ND-CP regulations on notification of art performance organization as follows:

- Agencies and organizations specified under Clause 1 Article 8 Decree shall inform regulatory authorities under Clause 3 of Article 9 of Decree 144/2020/ND-CP prior to organization. Heads shall responsible for complying with approved plans.

- Business facilities specified under Clause 2 Article 8 of Decree 144/2020/ND-CP shall inform regulatory authorities under Point b Clause 3 of this Article prior to organization.

- Announcement receivers:

+ People’s Committees of provinces where art performances take place shall receive announcement of agencies, entities affiliated to ministries, central governments of political organizations, socio-political organizations, social organizations, socio-occupational organizations, economic institutions;

+ People’s Committees of districts where art performances take place shall receive announcement of other organizations and individuals.

- Procedures for receiving announcement:

Agencies, organizations and individuals shall submit written announcement (using Form No. 1 under Annex attached to Decree 144/2020/ND-CP) in person, via postal service or online to announcement receivers at least 5 working days before the date on which art performances are expected to take place.

3. Conditions and procedures for organizing performance arts in Vietnam

Conditions and procedures for organizing performance arts in Vietnam are specified in Article 10 of Decree 144/2020/ND-CP as follows:

- Conditions for organizing performance arts:

+ Be public service providers specialized in delivering art performances; associations specialized in performance arts; organizations and individuals applying for delivering art performances as per the law;

+ Satisfy requirements regarding security, social order and safety, environment, medical and fire prevention as per the law;

+ Obtain written permission for organizing art performances of competent authorities.

- Competent authorities specified under Point c Clause 1 of Article 10 of Decree 144/2020/ND-CP:

+ Ministry of Culture, Sports and Tourism shall approve art performances within international cooperation framework of associations specialized in delivering art performances affiliated to central governments and service providers specialized in delivering art performances affiliated to central governments;

+ People’s Committees of provinces shall approve art performances organized within administrative divisions under their management and not specified under Point a of Clause 2 Article 10 of Decree 144/2020/ND-CP.

- Application compositions:

+ Written application for organizing art performances (using form No. 2 under Annex attached to Decree 144/2020/ND-CP);

+ Script and list of works, authors, primary persons responsible for program contents (in case of foreign works, attach Vietnamese translation bearing certified signatures of translators).

- Procedures for issuing written permission:

+ Applicants shall submit applications in person, via postal service or online to competent authorities at least 7 working days before the date on which art performances are expected to take place;

+ If applications are inadequate, competent authorities shall request the applicants in writing to revise the applications within 3 working days after receiving the applications;

+ In case applications are adequate as per the law, competent authorities shall appraise, issue written permission (using Form No. 3 under Annex attached to Decree 144/2020/ND-CP) and upload on website within 5 working days. In case of rejection, provide written response and explanation;

+ In case of any change to contents of art performances which have been approved, applicants for organizing art performances shall issue written explanation and submit in person, via postal service or online to application receivers.  Within 2 working days from the date on which adequate applications are received, application receivers must consider, decide and inform the applicants in writing;

+ In case of change to time and/or location of approved art performances, applicants for organizing art performances shall inform approving agencies and local governments where the art performances take place in person, via postal service or online at least 2 working days before the date on which the art performances are expected to take place.

- Associations specialized in delivering art performances affiliated to central governments and service providers specialized in delivering art performances affiliated to central governments shall send announcement according to Clause 4 Article 9 of Decree 144/2020/ND-CP to People’s Committees of provinces where art performances take place after receiving written permission for art performances within international cooperation framework of Ministry of Culture, Sports and Tourism.

Ho Quoc Tuan

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