Quyết định 87/2008/QĐ-BVHTTDL của Bộ Văn hoá, Thể thao và Du lịch ban hành Quy chế tổ chức thi hoa hậu, hoa khôi, người đẹp

 

DECISION

PROMULGATING THE REGULATION ON ORGANIZATION OF BEAUTY CONTESTS

THE MINISTER OF CULTURE, SPORTS AND TOURISM

Pursuant to the Governments Decree No. 185/2007/ND-CP of December 25, 2007. defining the functions, tasks, powers and organizational structure of the Ministry of Culture, Sports and Tourism;
At the proposal of the directors of the Performing Arts Department and the Legal Department,

DECIDES:

Article 1. To promulgate together with this Decision the Regulation on organization of beauty contests.

Article 2. This Decision takes effect 15 days after its publication in CONG BAO and replaces the Culture and Information Ministers Decision No. 37/2006/QD-BVHTT of April 23, 2006. promulgating the Regulation on organization of beauty contests.

Article 3. The director of the Office, the director of the Performing Arts Department, directors of provincial-level Culture, Sports and Tourism Services and concerned organizations and individuals shall implement this Decision.

 

 

REGULATION

ON ORGANIZATION OF BEAUTY CONTESTS
(Promulgated together with the Culture, Sports and Tourism Ministers Decision No. 87/2008/QD-BVHTTDL of December 30, 2008)

Chapter 1

GENERAL PROVISIONS

Article 1. Scope and subjects of application

1. Scope of regulation:

a/ Organization of national and international beauty contests;

b/ Organization of beauty contests of regions, branches and socio-political mass organizations nationwide;

c/ Organization of provincial-level beauty contests;

d/ Sending of contestants to international beauty contests;

e/ Beauty pageants organized in festivals; miss photo contests or beauty contests in other social or cultural events are not governed by this Regulation.

2. Subjects of application:

a/ Vietnamese organizers of domestic beauty contests;

b/ Vietnamese units joining foreign partners in organizing international beauty contests in Vietnam;

c/ Vietnamese units sending winners of domestic beauty contests to international contests.

d/ Contestants of domestic and international beauty contests.

Article 2. Names, titles and numbers of contests in a year

1. Beauty contest is a cultural activity to select and confer titles to women who have good virtues, good cultural and social knowledge, a well-proportioned figure and a beautiful lace typical of Vietnamese women.

2. Titles of contests:

a/ Winners of official awards of a national beauty contest are conferred the titles Miss and Runner-Up.

b/ Winners of official awards of a regional beauty contest or a beauty contest of a branch or a socio-political mass organization are conferred the titles Beauty Queen and Runner-Up;

c/ Winners of official awards of a provincial-level beauty contest are conferred the titles First Beauty and Second Beauty;

d/ Depending on the nature of each contest, organizing committees may confer subtitles to contestants, which must not be identical with the principal titles.

3. Number of contests in a year:

a/ National beauty contests may not be held more than once a year;

b/ Beauty contests may not be held more than once a year for each region, branch or socio-political mass organization;

c/ Beauty contests of a province or centrally run city may not be held more than once every two years;

d/ Beauty contest organizers may not be licensed more than once every two years;

c/ The Ministry of Culture, Sports and Tourism shall consider and decide on licensing of international beauty contests based on the annual practical situation.

Article 3. Prohibited acts

1. Holding beauty contests at general education schools, historical-cultural relics, places of belief and religion and other places restricted by competent agencies.

2. Holding contests not according to licensing decisions or in contravention of the Intellectual Property Law.

3. Contest organizers or contestants committing acts or saying words which are harmful to the image, reputation or honor of the country, localities or other collectives or individuals or which have adverse impacts on international relations.

4. Contestants participating in. or contest organizers sending contestants to, international contests without permission.

Chapter 2

LICENSING CONDITIONS AND PROCEDURES

Article 4. Conditions for, dossiers, venues and scope of holding domestic beauty contests

1. Conditions:

a/ Having the legal person status;

b/ Having the function of organizing cultural and art activities;

c/ Having a written commitment evidencing financial sources for organizing beauty contests;

d/ Having obtained written approval of provincial-level Peoples Committees of localities where beauty contests are held (for national and regional beauty contests);

e/ Having obtained written approval of line ministries or central socio-political mass organizations (for beauty contests of branches or socio-political mass organizations).

2. A permit application dossier comprises:

a/ A written request stating the name, scope, time and venue of the contest; and commitments to abide by this Regulation and relevant laws.

b/ Documents specified in Clause 1, Article 4 of this Regulation;

c/ Rules of the contest, clearly staling criteria, conditions, contents and order of holding the contest; responsibilities of the contest organizer; prizes; rights and obligations of winners; the percentage of prize value to be given to social and charity activities by winners;

d/ List of members of the steering committee and organizing committee (with their current professional titles and positions);

e/ List of judging panel members who are experts on anthropometry, aesthetics, performing arts, cinematography, photography and sociology (depending on the scope and characteristics of each contest, the organizing committee may invite other members with relevant expertise);

f/ Working regulations of the organizing committee and the judging panel;

g/ Application form of contestants; form of contract between the organizer and contest winners (which must specify rights and obligations of winners).

3. Contest venues must:

a/ Ensure adequate audio and lighting facilities and other facilities necessary for the contest;

b/ Ensure security, order and fire and explosion safety according to regulations.

4. Scope of organization and eligible contestants:

a/ Venues for holding rounds of a national beauty contest are not restricted.

b/ Rounds of a regional beauty contest or a beauty contest of a branch or socio-political mass organization may only be held in the province or city which hosts the contest;

c/ Contestants of a provincial-level beauty contest must be studying, residing or working in the locality which holds the contest.

Article 5. Conditions and dossiers of contestants of domestic beauty contests

1. Conditions:

a/ Being Vietnamese female citizens aged full 18 years or older, having good virtues and natural beauty;

b/ Having graduated upper secondary schools or higher education;

c/ Not having undergone cosmetic or sex change surgery;

d/ Having no criminal records; not being subject to penal liability examination.

2. Dossiers:

a/ Application (made according to the organizing committees form);

b/ Resume (certified by the local administration or the agency or organization where the contestant is working or studying);

c/ Diploma or the schools certification (notarized copy) that the contestant has graduated upper secondary school;

d/ Other required papers under the contests rules.

Article 6. Conditions and dossiers of application for taking part in international beauty contests

1. Conditions:

a/ Having been crowned in a domestic beauty contest;

b/ Having an invitation from the international beauty contests organizing committee;

c/ Having a good command of English;

d/ Being represented and sent by a Vietnamese unit fully meeting the conditions specified at Points a and b Clause 1, Article 4 of this Regulation, which is responsible for carrying out relevant procedures.

2. Dossiers:

a/ Written request of the Vietnamese unit sending the contestant, clearly stating the name, time and venue of the contest; the contestants full name, birth date, title and English proficiency; commitments to abide by this Regulation, rules of the organizing committee and the laws of the host country;

b/ The organizing committees invitation (enclosed with the Vietnamese translation);

c/ Contestants application, two photos (4 x 6);

d/ Contestants resume (certified by the local administration or the agency or organization where the contestant is working or studying);

e/ Copy of the certificate of the contestants title.

Article 7. Conditions and responsibilities of units sending contestants to international beauty contests

1. Conditions: To satisfy the conditions specified at Points a and b, Clause 1, Article 4 of this Regulation.

2. Responsibilities:

a/ To ensure conditions and buy insurance for contestants according to the organizing committees rules and the host countrys laws;

b/ To submit a report to the licensing agency within 7 working days from the date of closing ihe contest.

Article 8. Conditions and dossiers of application for holding international beauty contests in Vietnam

1. Conditions:

a/ A Vietnamese unit meeting the conditions specified at Points a. b and c, Clause 1, Article 4 of this Regulation.

b/ A foreign organization wishing to hold an international beauty contest in Vietnam shall join an eligible Vietnamese unit under Clause 1, Article 4 of this Regulation in holding such contest.

2. A permit application dossier, which shall be submitted by the Vietnamese unit, comprises:

a/ Documents specified at Points a. b and c, Clause 1, and Points a, c, d, e. f and g, Clause 2, Article 4 of this Regulation;

b/ Contract or agreement with the foreign party;

c/ Documents evidencing the foreign partys legal person status, certified by Vietnamese diplomatic mission in the foreign partys country,

d/ Written request of the provincial-level Peoples Committee of the host locality to the Ministry of Culture. Sports and Tourism for permission to hold the contest.

Chapter 3

RIGHTS AND RESPONSIBILITIES OF CONTEST ORGANIZERS AND WINNERS

Article 9. Rights and responsibilities of organizers

1. Rights:

a/ To propagate and advertise the contest according to law;

b/ To raise lawful financial sources for the contest;

c/ To earn lawful proceeds from contest-related activities;

d/ To organize art shows suitable to the contest according to the law on performing activities and organization of professional art performances;

e/ To send contest winners to international beauty contests overseas.

2. Responsibilities:

a/ To elaborate a scheme on contest organization and rating rules; staff of licensing agencies, organizers and donors may not act as members of the judging panel and the secretariat; members of the judging panel for the semi-final round may not judge in the final round.

b/ To set up a steering committee, an organizing committee and a judging panel for the contest;

c/ To publicize the contest rules on the mass media within 10 days from the date of being licensed;

d/ To hold the contest in accordance with the licensing decision and the approved scheme; to confer awards and grant certificates to winners immediately on the final day of the contest;

e/ At the end of the semi-final round, to send copies of dossiers of finalists to the licensing agency;

f/ When a winner violates this Regulation or relevant laws, causing bad consequences and harming her title, to report such to the licensing agency and propose handling measures. With the licensing agencys approval, to withdraw the winners title;

g/ To send ihe licensing agency a report on the contest within 7 days from the date of closing the contest.

Article 10. Rights and responsibilities of winners

1. Rights:

a/ To receive titles, prizes and other benefits according to the organizing committees rules;

b/ To take part in international beauty contests.

2. Responsibilities:

a/ To abide by this Regulation and other relevant laws and realize their commitments towards the organizing committee;

b/ When taking part in an international beauty contest overseas, to abide by the rules of the organizing committee of such contest and laws of the host country.

Chapter 4

DECENTRALIZATION OF MANAGEMENT

Article 11. Responsibilities and powers of the Ministry of Culture, Sports and Tourism

1. To perform the state management of organization of beauty contests nationwide.

2. To license the organization of national beauty contests.

3. To license the organization of international beauty contests in Vietnam.

4. To cancel or withdraw licensing decisions for beauty contests when contest organizers violate this Regulation and other relevant laws, causing bad consequences.

5. To withdraw titles of winners who violate this Regulation and other relevant laws, causing bad consequences.

Article 12. Responsibilities and powers of the Performing Arts Department

1. To assist the Minister of Culture, Sports and Tourism in performing the stale management of organization of beauty contests nationwide.

2. To license the organization of regional beauty contests and beauty contests of branches and central socio-political mass organizations.

3. To license units to send beauty contest winners to international beauty contests.

4. To receive application dossiers and submit them to the Ministry of Culture, Sports and Tourism for licensing the organization of national and international beauty contests in Vietnam.

5. To cancel or withdraw licensing decisions for regional beauty contests and beauty contests of branches and socio-political mass organizations when organizers of such contests violate this Regulation and other relevant laws, causing bad consequences.

6. To withdraw titles of winners of regional beauty contests and beauty contests of branches and socio-political mass organizations when they violate this Regulation and oilier relevant laws, causing bad consequences.

7. To coordinate with the Inspectorate of the Ministry of Culture, Sports and Tourism in inspecting and examining the implementation of this Regulation nationwide.

Article 13. Responsibilities and powers of provincial-level Culture, Sports and Tourism Services

1. To assist provincial-level Peoples Committees in managing ihe organization of beauty contests in their localities.

2. To receive application dossiers of organization domestic and international beauty contests in their localities and submit them to provincial-level Peoples Committees.

3. To receive and consider application dossiers of organization of provincial-level beauty contests in their localities and license such contests.

4. To cancel or withdraw licensing decisions for provincial-level beauty contests when organizers of such contests violate this Regulation and other relevant laws, causing bad consequences.

5. To withdraw titles of provincial-level beauty contest winners who violate this Regulation and other relevant laws, causing bad consequences.

6. To inspect and examine, and coordinate with the Inspectorate of the Ministry of Culture, Sports and Tourism in inspecting and examining upon request, the implementation of this Regulation within their localities.

Article 14. Time limit for receipt of dossiers and validity of licensing decisions

1. Time limit for receipt of dossiers:

a/ Organizers of national or regional beauty contests or beauty contests of branches or socio-political mass organizations shall submit application dossiers to the Performing Arts Department and organizers of provincial-level beauty contests shall submit application dossiers to provincial-level Culture, Sports and Tourism Services. The time for receiving dossiers is from October 1 to 30 of a year for considering and licensing the organization of beauty contests in the subsequent year;

b/ Organizers of international beauty contests shall submit application dossiers before June 30 every year to apply for organization of such contests in the subsequent year.

2. Time limit for settlement of dossiers:

a/ For national beauty contests: within 20 working days from the deadline for submission of dossiers;

b/ For regional beauty contests and beauty contests of branches and socio-political mass organizations and provincial-level beauty contests: within 15 working days from the deadline for submission of dossiers;

c/ For international beauty contests: within 45 days from the deadline for submission of dossiers;

d/ For sending contestants to international beauty contests: within 7 working days from the date of receiving complete and valid dossiers.

3. Validity of licensing decisions: A licensing decision is valid within the year in which the organization of a beauty contest is licensed. Past the validity period, if an organizer fails lo hold such contest, the decision is invalidated.

Chapter 5

INSPECTION. EXAMINATION. AND HANDLING OF VIOLATIONS

Article 15. Responsibilities and powers of Inspectorates

1. The Ministry of Culture, Sports and Tourisms Inspectorate shall coordinate with the Performing Arts Department in inspecting and examining the implementation of this Regulation and shall handle violations according to its competence nationwide.

2. Provincial-level Culture, Sports and Tourism Services Inspectorates shall examine and inspect the implementation of this Regulation and handle violations according to their competence within their localities.

Article 16. Handling of violations

1. For contest organizers and winners:

a/ A contest organizer that fails to properly settle complaints of contestants, causing internal discords and public concerns, may not be licensed for subsequent organization;

b/ A contest organizer that violates the law shall, depending on the nature and severity of its violations, have its licensing decision cancelled or withdrawn; compensate for damage or be administratively sanctioned undercurrent law;

c/ A beauty contest winner shall have her title withdrawn if she violates the law or breaches ethical rules, causing bad social impacts.

2. State agencies competent to license, inspect and examine the organization of beauty contests shall properly perform their functions and powers. Organizations and individuals that abuse positions and powers in the licensing, inspection and examination or issue wrong sanctioning decisions, causing material or spiritual damage to beauty contest organizers, contestants or or winners shall, depending on the nature and severity of their violations, be handled under current law.

Chapter 6

IMPLEMENTATION PROVISIONS

Article 17. Amendment and supplementation of the Regulation

Any problems arising in the course of implementation should be reported to the Ministry of Culture, Sports and Tourism for study, amendment and supplementation according to law.

Article 18. Organization of implementation

The director of the Performing Arts Department, the Chief Inspector of the Ministry of Culture, Sports and Tourism, directors of provincial-level Culture. Sports and Tourism Services, and concerned organizations and individuals shall implement this Regulation.