Nghị định 185/2007/NĐ-CP của Chính phủ về việc quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Văn hoá, Thể thao và Du lịch

DECREE

DEFINING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF CULTURE, SPORTS AND TOURISM

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the Governments Decree No. 178/2007/ND-CP of December 3, 2007, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies;

At the proposal of the Minister of Culture, Sports and Tourism and the Minister of Home Affairs,

DECREES:

Article 1. Position and functions

The Ministry of Culture, Sports and Tourism is a governmental agency, performing the function of state management, of culture, family affairs, physical training and sports and tourism nationwide, and the state management of public services in the domains of culture, family affairs, physical training and sports and tourism in accordance with law.

Article 2. Tasks and powers

The Ministry of Culture, Sports and Tourism performs the tasks and powers prescribed in the Governments Decree No. 178/2007/ND-CP of December 3, 2007, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies, and the following specific tasks and powers:

1. To submit to the Government bills, draft ordinances and resolutions of the National Assembly and National Assembly Standing Committee; draft resolutions and decrees of the Government according to its approved legislative programs and plans and other schemes assigned by the Government.

2. To submit to the Government long-term, five-year and annual development strategies, plannings and plans: national target programs, action programs and national key projects and programs; draft decisions and directives of the Prime Minister in the domains of culture, family affairs, physical training and sports and tourism.

3. To propose to the Prime Minister state prizes and honorary titles in the domains of culture, family affairs, physical training and sports and tourism; to decide on the establishment of national councils in the domains of culture, family affairs, physical training and sports and tourism.

4. To promulgate decisions, directives and circulars falling within the scope of its state management.

5. To direct, guide, inspect and take responsibility for the implementation of legal documents and strategies, plannings, programs and plans falling within the scope of its state management after they are approved; to conduct the dissemination and education of law in the domains under its state management.

6. Regarding cultural heritages:

a/ To submit to the Prime Minister for decision:

- Plannings on the protection and promotion of values of cultural heritages, then to organize and guide the implementation of these plannings after they are approved;

- The establishment of national museums and specialized museums;

- The classification and adjustment of protection zones for special national relics;

- Proposals to the United Nations Educational. Scientific and Cultural Organization (UNESCO) to recognize Vietnams typical cultural and natural heritages as world heritages;

- Plans on the handling of assets being tangible cultural heritages, including cultural-historical relics, scenic places, relics, antiques and national treasures, unless otherwise provided for by laws or ordinances;

- Permission to carry national treasures abroad.

b/ To decide according to its competence:

- The classification of national relics and grade-I museums; the adjustment of protection zones for national relics; the allocation of relics, antiques and national treasures to state-owned functional museums according to law;

- The approval of plannings and projects on preservation and restoration of national relics and special national relics in accordance with law; the approval of or agreement on the construction of works in protection zones II of national relics and special national relics;

- The appraisal of plannings and projects on preservation and restoration of national relics and special national relics; projects on renovation and construction of works outside protection zones of national relics and special national relics in accordance with law if deeming that they may adversely affect the relics;

- The grant of permits for archaeological exploration and excavation; the taking of relics, antiques and national treasures abroad; the duplication of relics, antiques and national treasures at national museums and specialized museums; the management of the grant of permits for overseas Vietnamese and foreign organizations and individuals to study and collect intangible cultural heritages in Vietnam.

c/ To guide the protection and promotion of values of cultural heritages, traditional festivals and belief activities associated to historical relics or personalities.

d/ To assume the prime responsibility for, and coordinate with the concerned agencies and organizations in, mobilizing, managing and using various resources for protecting and promoting the value of cultural heritages.

e/ To recognize and confer honorary titles on artisans with outstanding achievements in the conservation, performance and handing down of intangible cultural heritages.

7. Regarding performance arts:

a/ To guide and organize the implementation of plannings on state non-business units specialized in performance arts after they are approved by the Prime Minister;

b/ To promulgate the regulation on professional art performance; the regulation on organization of festivals, contests and shows of professional performance arts;

c/ To promulgate the regulation on organization of beauty contests, fashion model contests, karaoke and discotheque activities;

d/ To guide the grant of practice licenses and permits for professional art performances;

e/ To provide for the evaluation and permission of programs, items and plays to be performed overseas by Vietnamese organizations or individuals or to be performed in Vietnam by foreign organizations or individuals;

f/ To promulgate the regulation on the management of the production and circulation of music and drama tapes and discs.

8. Regarding cinematography:

a/ To guide and organize the implementation of the planning on state non-business cinematographic units after it is approved by the Prime Minister.;

b/ To provide for the organization of national and international film festivals, foreign film days in Vietnam and Vietnamese film days in foreign countries;

c/ To manage deposited films and archive documentary films and motion pictures produced at home and abroad;

d/ To provide for the grant of permits for film dissemination.

9. Regarding fine arts, photography and exhibitions:

a/ To guide and organize the implementation of the national planning on grandiose monuments and murals after it is approved by the Prime Minister;

b/ To promulgate the regulation on fine arts, photographic activities, exhibitions, installation, video-art performance and organization of international sculpture camps in Vietnam;

c/ To provide for the organization and directly organize national and international displays and exhibitions of fine-art and photographic works;

d/ To set up specialized councils for art appraisal and cost estimation of art works according to regulations

10. Regarding copyright and related rights on literary and art works:

a/ To guide the implementation of regulations on royalties for copyright and related rights of authors and owners of literary and artistic works;

b/ To direct and organize the implementation of law on copyright and related rights to literary and artistic works;

c/ To protect lawful rights and interests of the State, organizations and individuals in the domains of copyright and related rights to literary and artistic works;

d/ To provide for the supply of, cooperation on, ordering, use and guaranty of copyright to, works and related rights to performances, audiovisual recordings and broadcasts;

e/ To provide professional guidance on the protection of copyright to literary and artistic works and related rights for branches, localities, enterprises, social organizations and citizens.

11. Regarding libraries:

a/ To guide and organize the implementation a planning on the library network after it is approved by the Prime Minister;

b/ To provide for the cooperation and exchange of books, newspapers and documents with foreign countries and the sharing of books, newspapers and documents among libraries;

c/ To provide for conditions for the establishment of libraries and guide the operation of libraries.

12. Regarding advertisement:

To perform the unified state management of advertisement and have the following tasks and powers:

a/ To grant, amend, supplement or withdraw permits for the establishment of branches of foreign organizations and individuals engaged in advertisement business;

b/ To examine, inspect and handle law violations committed by agencies, organizations and individuals conducting advertisements on various means (except for press, computer networks and publications) and perform other tasks and powers according to law;

c/ To assume the prime responsibility for, and coordinate with the Ministry of Information and Communication in, promulgating joint circulars on procedures for the grant of advertisement permits and on the examination, inspection and handling of law violations in advertisements on the press, computer networks and publications.

13. Regarding mass culture, ethnic minority culture and agitation work:

a/ To guide and organize the implementation of the regulations on state ceremonies for the reception of international guests, anniversaries, funerals and other ceremonies as assigned by the Government;

b/ To guide and organize the implementation of the planning on grassroots cultural institutions after it is approved by the Prime Minister;

c/ To formulate and promulgate policies on conservation, promotion and development of intangible cultural values of various ethnic groups of Vietnam;

d/ To direct, organize, inspect and supervise the implementation of policies on ethnic minority culture;

e/ To promulgate the regulation on the organization of mass art festivals, contests and performances and the organization of cultural activities and cultural services at public places;

f/ To promulgate the regulation on, guide and direct, the movement for building a cultured lifestyle as well as the propagation for grassroots cultural activities and the organization of festivals.

14. Regarding family affairs:

a/ To assume the prime responsibility for, and coordinate with the concerned ministries and branches in, guiding the implementation of law on assurance of equality and non-violence in families;

b/ To assume the prime responsibility for, and coordinate with the concerned ministries and branches in, organizing the implementation of regulations on cultured families;

c/ To organize and guide the collection and archive of information on families; to direct and organize final review on practical experiences and development of cultured family models;

d/ To conduct propagation and education of ethical qualifications, lifestyle and behaviors in Vietnamese traditional families.

15. Regarding physical training and sports for all:

a/ To guide and organize the implementation or national strategies, plannings, plans and programs on physical training and sport development after they are approved by the Prime Minister;

b/ To organize and direct the building of a contingent of instructors and collaborators for mass physical training and sports; to disseminate and guide physical and sport training methods, and provide professional training and re-training to grassroots physical training and sport collaborators;

c/ To assume the prime responsibility for, and coordinate with branches and localities in, organizing surveys on peoples physical constitution; to guide, apply and develop traditional sports and traditional domestic and foreign methods for health training;

d/ To direct the organization of national mass sports competitions;

e/ To coordinate with the Ministry of Education and Training, the Ministry of Defense and the Ministry of Public Security in guiding and organizing physical and sport education in schools and the armed forces;

f/ To guide and register the operation of mass physical training and sport clubs and establishments.

16. For high-achievement sports and professional sports:

a/ To propose the Prime Minister to permit the organization of national, regional, continental and world sports meets; and regional, continental and world championships of each sport in Vietnam;

b/ To guide and organize the implementation of strategies and plannings on development of high-achievement sports and orientations for development of professional sports after they are approved by the Prime Minister.

c/ To guide and organize the implementation of regulations and policies towards sport athletes, coaches and referees; to specify ownership rights to high-achievement sport tournaments and professional sport tournaments after they are approved by the Prime Minister;

d/ To permit the organization of national championships and national junior championships of each sport; to approve rules of national physical training and sport meets;

e/ To promulgate criteria and guide the grading of sport athletes, coaches and referees; to recognize the grading of Vietnamese athletes, coaches and referees by international sport organizations in accordance with law;

f/ To promulgate the regulation on the selection of athletes for national squads; to provide for the order and procedures for the establishment of national sport delegations and national teams of each sport;

g/ To guide the formulation of programs on training sport athletes, coaches and referees;

h/ To guide and register operation of professional sport-training establishments.

17. Regarding tourism resources and tourism plannings.

a/ To guide and organize the implementation of overall plannings on the development of tourism sector, tourist regions, key tourist areas and national tourist resorts after they are approved by the Prime Minister;

b/ To promulgate the regulation on survey, assessment and classification of tourist resources;

c/ To assume the prime responsibility for, and coordinate with the concerned ministries, branches and provincial/municipal Peoples Committees in, organizing surveys, assessment and classification of tourist resources; to promulgate regulations on the protection, restoration, development and exploitation of tourist resources and environment in tourist sites and resorts.

18. Regarding tourist resorts, tourist sites, tourist routes and tourist cities:

a/ To propose the Prime Minister to recognize national resorts, tourist sites and tourist routes;

b/ To organize the announcement of national tourist resorts, tourist sites and tourist routes and tourist cities after the Prime Minister issues recognition decisions;

c/ To guide and inspect the classification and recognition of local tourist resorts, tourist sites and tourist routes;

d/ To coordinate with the Ministry of Construction in evaluating dossiers of application for recognition of tourist urban centers submitted by provincial/ municipal Peoples Committees;

e/ To promulgate the regulation on the management of tourist resorts located within the administrative boundaries of two or more provinces or centrally run cities.

19. Regarding tourist guides:

To promulgate the regulation on the conditions, procedures and dossiers for the grant, renewal, re-grant and withdrawal of tourist guides cards and tourist instructors certificates; to perform the unified management of the grant of tourist guides cards and tourist instructors certificates all over the country in accordance with law.

20. Regarding tourism business:

a/ To promulgate documents guiding the implementation of law on travel business, tourist accommodation, tourist development and other tourist services;

b/ To provide for the criteria for classification and ranking of tourist accommodation establishments; to decide on the classification and ranking of tourist accommodation establishments of 3-star or higher classes;

c/ To coordinate with the Ministry of Transport in guiding in the transportation of tourists.

21. Regarding tourism promotion and cultural exchange:

a/ To guide and organize the establishment and operation of Vietnams tourism promotion and cultural exchange offices in foreign countries and foreign national tourism promotion offices in Vietnam;

b/ To assume the prime responsibility for, and coordinate with the concerned ministries and branches in, elaborating and organizing the implementation of national tourism promotion strategies, plans and programs; to assume the prime responsibility for, and coordinate with provincial/ municipal Peoples Committees in, carrying out tourism promotion activities at home and abroad; to regulate inter-regional and translocal tourism promotion activities;

c/ To build and guide the use, exploitation and management of the national tourism database;

d/ To develop products for tourism propagation and tourist, sport and cultural programs, events, fairs, seminars, exhibitions and activities at national, regional and international levels.

22. To decide on, and organize the execution of, investment projects on the domains of culture, family affairs, physical training and sports and tourism according to its competence.

23. To grant permits for the organization of cultural, physical training and sport and tourist activities by foreign organizations and individuals in Vietnam; to grant permits for the import and export of cultural articles in accordance with law.

24. To decide on, and organize the application of, measures to prevent and handle superstitious acts, backward customs, depraved cultural products and illegal acts in the domains of culture, physical training and sports and tourism.

25. To propose to the Government and the Prime Minister the negotiation on, conclusion of, accession to, and ratification of, treaties on culture, physical training and sports and tourism; to organize the implementation of treaties and join international organizations under the assignment of the Government or the Prime Minister; to enter into international cooperation; to organize and inspect the implementation of internationally aided programs and projects in the domains of culture, family affairs, physical training and sports and tourism; to permit the organization of international conferences and workshops related to the domains of culture, family affairs, physical training and sports in accordance with law.

26. To organize and direct scientific research, application of scientific and technological advances and environmental protection in the domains of culture, family affairs, physical training and sports in accordance with law.

27. To promulgate standards and professional criteria applicable to officials of different ranks in its assigned branches or domains after obtaining appraisal opinions of the Ministry of Home Affairs; to elaborate and submit to the Ministry of Home Affairs standards and professional criteria applicable to officials of different ranks in its assigned branches for approval and promulgation; to promulgate specific professional criteria of heads of agencies attached to provincial/ municipal Peoples Committees, which are specialized in the branches or domains under its management; to elaborate and promulgate technical-economic norms and standards and national technical regulations in the domains of culture, physical training and sports and tourism.

28. Regarding the state management of organizations providing public services in culture, family affairs, physical training and sports and tourism:

a/ To formulate and submit to the Government mechanisms and policies on the provision of public services and the participation of the entire society in the provision of public services in culture, physical training and sports and tourism;

b/ To promulgate conditions and criteria for the establishment of state-run non-business organizations in culture, physical training and sports and tourism;

c/ To manage and direct its attached non-business units.

29. To exercise the rights to represent the owner of the state capital portions in enterprises funded with state capital under its management in accordance with law.

30. Regarding the state management of operation of associations and non-governmental organizations engaged in culture, physical training and sports and tourism:

a/ To guide and facilitate the operation of associations and non-governmental organizations and create conditions for them to participate in the elaboration and perfection of regulations on state management of culture, physical training and sports and tourism;

b/ To handle or propose the handling of violations committed by associations and non-governmental organizations operating in culture, physical training and sports and tourism in accordance with law.

31. To examine, inspect and settle citizens complaints, denunciations and petitions, prevent and combat corrupt acts and handle violations in the domains of culture, physical training and sports and tourism in accordance with its competence; to examine and inspect the decentralization of state management in branches or domains under its management.

32. To decide on, and direct the implementation of, its administrative reform programs according to the objectives and contents of the state administrative reform programs approved by the Prime Minister; to formulate and perfect the system of institutions and laws on state management of culture, physical training and sports and tourism; to decentralize the management powers to attached agencies and units; to propose the Government to decide on the decentralization of state management tasks in its management domains to local administrations; to direct the implementation of regulations on autonomy and self-responsibility in the performance of tasks, organizational apparatus, state payroll and finance in state-run non-business units under its management; to carry out administrative reform; to apply the quality management systems according to Vietnam standard TCVN ISO 9001: 2000 and apply information technology in service of its activities.

33. To direct and guide the emulation and commendation activities in the domains of culture, physical training and sports and tourism.

34. To manage the organizational apparatus and state payroll; to direct the implementation of wage regulations and policies on preferential treatment, professional training, reward and disciplining towards cadres, civil servants and employees under its management.

35. To manage assigned funds and assets and organize the execution of allocated budget in accordance with law.

36. To perform other tasks assigned by the Government or the Prime Minister.

Article 3. Organizational structure of the Ministry

1. The Library Department.

2. The National Culture Department.

3. The Family Affairs Department.

4. The Science, Technology and Environment Department.

5. The Planning and Finance Department.

6. The Organization and Personnel Department.

7. The Emulation and Commendation Department.

8. The Training Department.

9. The Legal Department.

10. The Inspectorate.

11. The Office.

12. The Ministrys Representative Office in Ho Chi Minh City.

13. The Cultural Heritage Department.

14. The Performance Arts Department.

15. The Cinematography Department.

16. The Copyright Department.

17. The Grassroots Culture Department.

18. The International Cooperation Department.

19. The Department of Fine Arts, Photography and Exhibitions.

20. The General Department of Physical Training and Sports.

21. The Vietnam National Administration of Tourism.

22. The Management Board of the Vietnamese Nationalities Culture and Tourism Village.

23. The Vietnam Culture and Arts Institute.

24. The Information Technology Center.

25. The Culture and Arts magazine.

26. The School for Training Cultural, Sport and Tourist Managers.

27. The Culture newspaper.

Units defined in Clauses 1 thru 22 of this Article are organizations assisting the Minister in performing the state management functions; units defined in Clauses 23 thru 27 of this Article are non-business units attached to the Ministry.

The Planning and Finance Department, the Organization and Personnel Department, the Science, Technology and Environment Department and the Ministrys Representative Office in Ho Chi Minh city may organize sections.

The Minister of Culture, Sports and Tourism shall propose the Prime Minister to promulgate decisions on the functions, tasks, powers and organizational structures of the General Department of Physical Training and Sports, the Vietnam National Administration of Tourism and the Management Board of Vietnamese Nationalities Culture and Tourism Village; to propose the Prime Minister to promulgate a list of other non-business organizations attached to the Ministry.

Article 4. Implementation effect

1. This Decree takes effect 15 days after its publication in CONG BAO and replaces the Governments Decree No. 63/2003/ND-CP of June 11, 2003, on the functions, tasks, powers and organizational structure of the Ministry of Culture and Information, Decree No. 22/2003/ND-CP of March 11, 2003, defining the functions, tasks, powers and organizational structure of the Committee for Physical Training and Sports, and Decree No. 94/2003/ND-CP of August 19, 2003, defining the functions, tasks, powers and organizational structure of the Vietnam National Administration of Tourism.

2. Previous regulations contrary to this Decree are annulled.

Article 5. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of provincial/municipal Peoples Committees shall implement this Decree.