Nghị định 23/2019/NĐ-CP về hoạt động triển lãm

THE GOVERNMENT

DecreeNo. 23/2019/ND-CP dated February 26, 2019 of the Governmenton exhibition

Pursuant to the Law on Government organization dated June 19, 2015;

At the request of the Minister of Culture, Sports and Tourism;

The Government promulgates a Decree on exhibition.

Chapter I

GENERAL PROVISIONS

Article 1. Scopeof regulation

1.This Decree provides for exhibition organization and cooperation in exhibition organization for non-profit purpose in Vietnam and overseas countries.

2.This Decree shall not regulate the following entities:

a) Art and photography exhibitions;

b) Exhibitions of publications, precious objects, antiques; exhibitions included in the museum system;

c) Exhibitions of national socio-economic achievements organized upon the Prime Minister s Decision;

d) Exhibitions of local socio-economic achievements organized upon provincial People s Committee s Decisions;

dd) Displays of works, exhibits or documents legally owned or used by organizations or individuals at their office or private houses included in internal activities.

Article 2. Regulated entities

This Decree applies to Vietnamese organizations and individuals; international organizations, foreign organizations and individuals involved in exhibition organization prescribed in Clause 1 Article 1 hereof.

Article 3. Definition

For the purposes of this Decree, the terms below shall be construed as follows:

1."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.“Non-profit exhibition” means any exhibition not including trading activities or opportunities for trading contracting.

3."Cooperating activities in exhibition” mean activities carried out before and after an exhibition for the purpose of providing additional information, disseminating or proliferating such exhibition.

Article 4. State management in exhibition

1.Preparing, requesting the competent authority to issue or issuing legal documents on exhibitions as authorized

2.Formulating and implementing the exhibition strategy

3.Disseminating education of the law on exhibition

4.Managing, providing guidelines for, conducting scientific research and providing training for developing human resources professional skills in exhibition organization.

5.Managing and cooperating with international organizations in exhibition organization

6.Granting and revoking licenses for exhibition organization and receiving notices of exhibition organization

7.Promoting emulation and commendation in exhibition

8.Checking and dealing with complaints, denunciations and handling violations against regulations on exhibition.

Article 5. Exhibition authorities

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

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

3.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.

4.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.

Article 6. Rights of organizations and individuals engaging in exhibition organization

1.Be entitled to organize or participate in organization of or investment in exhibitions as per law provisions.

2.Have their legal benefits protected as per law provisions.

3.Be permitted to temporarily import, re-export or temporarily export and re-import works, exhibits and documents serving exhibition organization as per law provisions.

Article 7. Responsibilities of organizations and individuals engaging in exhibition organization

1.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).

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

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

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

5.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.

6.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.

7.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 8. Conditions for works, exhibits, documents on display and exhibition place

Works, exhibits, documents and places of the exhibition shall meet the following requirements:

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

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

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

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

d) 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;

dd) 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.

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

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

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

Article 9. Exhibition assessment council

1.The competent authorities specified in Article 11 and 16 hereof shall establish an exhibition assessment council (hereinafter referred to as "the council”) in case:

a) The exhibition features things not included in the culture, sports and tourism industry;

b) The exhibition is hold nationwide or internationally or comprised of complicated matters.

2.The council shall give professional advice to the competent authority for deciding whether to organize the exhibition.

3.The number of council’s members shall be an odd number including at least 3 members that are representatives of relevant agencies, experts in relevant fields, in which the council s chairperson is the representative of the authority having power to grant a license or receive the notice.

4.The council shall be operated under the democracy centralism principle and its decisions shall be made by majority vote. Regulations on organization and operations of the council shall be issued by the Ministry of Culture, Sports and Tourism.

Chapter II

ISSUANCE OF LICENSES FOR EXHIBITION ORGANIZATION

Article 10. Exhibitions requiring a license for exhibition organization

1.Exhibitions organized overseas by Vietnamese organizations or individuals

2.Exhibitions organized in Vietnam by international organizations or foreign organizations and individuals.

Article 11. Power to issue licenses for exhibition organization

1.The Ministry of Culture, Sports and Tourism shall grant a license for organization of the following exhibitions:

a) Exhibitions organized overseas by central authorities;

b) Exhibitions organized in Vietnam by international or foreign organizations;

c) Exhibitions jointly organized overseas by organizations in 2 or more than 2 provinces or cities.

2.The Department of Culture, Sports and Tourism or Department of Culture and Sports shall issue a license for organization of the following exhibitions:

a) Exhibitions organized overseas by local organizations or individuals;

b) Exhibitions organized in local authorities by foreign individuals.

Article 12. Procedures and application for requesting a license for exhibition organization

1.The organization or individual that wishes to organize an exhibition shall send an application for a license for exhibition organization ("hereinafter referred to as "a license") to the competent authority specified in Article 11 hereof directly or by post or through the online public service system on the website of such competent authority.

The application includes:

a) An application form for issuance of a license (according to Form No.01 provided in the Appendix issued thereto);

b) The list of works, exhibits and documents which specifies names of the authors or owners; names, quantity, materials and size of such works, exhibits and documents and attached notes;

c) Photos of each work, exhibit and document and display model (sized 10 x 15 cm) printed on a paper or stored in a digital storing instrument;

d) The agreement or invitation, announcement or contract of the foreign entity on the exhibition organization (for exhibitions specified in Clause 1 Article 10 hereof). The written agreement or contract for leasing the exhibition place (for exhibitions specified in Clause 2 Article 10 hereof);

dd) A copy of one of the following papers: ID card of the exhibition holder (for exhibitions held by Vietnamese individuals); passport (for exhibitions held by foreigners or Vietnamese individuals residing overseas).

Written documents that are in foreign languages must be translated into Vietnamese and certified as per law provisions.

e) A plan for ensuring social order and security, environmental hygiene and fire safety (for exhibitions specified in Clause 2 Article 10 hereof).

2.If the application is sent directly, it must be sent together with the original copy for comparison purpose. If the application is sent by post, it must be the certified true copy. If the application is sent via the online public service system, it must be the photo of the original application.

3.For the case in which the exhibition is licensed for organization but there are changes in one or more than one information provided in the license, it shall be held as follows:

a) In case of changes to the exhibition time and place: the exhibition holder shall send a notice which specifies the changes together with documents provided in Point d Clause 1 this Article to the competent authority. The procedure for sending the notice shall comply with regulations in Clause 1 and 2 Article 17 hereof;

b) In case of changes to the exhibition name or replacement or addition of the works, exhibits or documents on display: the exhibition holder shall ask for re-issuance of the license. The application for re-issuance of the license shall include the previously granted license; an application form for license issuance (according to Form No.01 provided in the Appendix issued thereto); the list or photos of additional works, exhibits and documents or substitutes as specified in Point b and c Clause 1 this Article. The procedure for re-issuance of the license shall be carried out like the procedure for first license issuance.

Article 13. License issuance

1.The competent authorities specified in Article 11 hereof shall issue the license (according to Form No.02 provided in the Appendix issued thereto) within 7 working days from the day on which the satisfactory application is received.

2.If the application is not eligible for license issuance as it contains information against regulations provided in Article 8 hereof, the competent authority shall response, in writing, to the applicant and provide explanation (according to Form No.03 provided in the Appendix issued thereto) within 7 working days from the day on which the satisfactory application is received.

3.As for exhibitions required to be assessed by the assessment council as specified in Clause 1 Article 9 hereof, the competent authority shall response in writing to the applicant within 15 working days from the day on which the satisfactory applications is received.

4.If the application is found unsatisfactory or needed to be adjusted, the competent authority shall send a written request for additional information or adjustments to the exhibition program to the applicant (according to Form No.04 provided in the Appendix issued thereto). The applicant shall provide additional information or adjust the exhibition program within 5 working days from the day on which the written request from the competent authority is received. The second result shall be sent to the applicant within 3 working days from the day on which the additional information or the written agreement on adjustment to the exhibition program is received.

5.Duration specified in Clause 1, 2, 3 and 4 this Article shall be calculated:

a) Depending on the date specified in the receipt sent to the applicant if the application is sent directly;

b) Depending on the date on the postmark if the application is sent by post;

c) Depending on the date on which the authentication is automatically sent to the application by the software if the application is sent via the online public service system.

Article 14. License revocation

1.The competent authorities specified in Article 11 hereof shall revoke the license if the exhibition holder commit any violation against regulations in Clause 1 and 2 Article 8 hereof.

2.Procedures for revoking the license:

a) The violation committed by the exhibition holder shall be notified to the competent authority and agency having power to issue a decision on license revocation (according to Form No.05 provided in the Appendix issued thereto);

b) The exhibition holder shall submit the granted license to the competent authority before the decision on license revocation is issued and terminate the exhibition immediately.

3.After the license is revoked, such exhibition holder shall face penalties under regulations of the administrative law or criminal law depending on the nature and seriousness of the violation committed.

Chapter III

NOTICE OF EXHIBITION ORGANIZATION

Article 15. Exhibitions requiring notice of exhibition organization

1.Exhibitions organized in Vietnam by central authorities;

2.Exhibitions jointly organized in Vietnam by organizations in 2 or more than 2 provinces or cities.

3.Exhibitions organized in local authorities by local organizations or individuals.

Article 16. Authorization to receive notice of exhibition organization

1.The Ministry of Culture, Sports and Tourism shall receive notice of exhibition organizations (hereinafter referred to as “the notice”) for exhibitions specified in Clause 1 and 2 Article 15 hereof.

2.The Department of Culture, Sports and Tourism or Department of Culture and Sports shall receive the notice for exhibitions specified in Clause 3 Article 15 hereof.

Article 17. Procedures for noticing exhibition organization

1.The exhibition holder shall send the notice to the receiving agency (according to Form No.06 provided in Appendix issued thereto) directly or by post or via the online public service system on the website of such agency.

2.If the notice is sent directly, the receiving agency shall grant a receipt to the exhibition holder. If the notice is sent by post, the receiving agency shall post information on the date and time of notice receiving (according to the postmark) on its website. If the notice is sent via the online public service system, the software shall automatically issue an authentication letter when such notice is lawfully sent.

3.The exhibition holder may organize the exhibition as specified in the notice if not receiving any response in writing from the competent authority within 7 working days from the day on which the notice is received by such competent authority.

4.As for exhibitions needed to be assessed by the assessment council as specified in Clause 1 Article 9 hereof, the application shall be processed within 15 working days from the day on which the notice is received by the competent authority. If no response from the competent authority is received within the aforesaid time limit, the exhibition holder may organize the exhibition as specified in the notice.

5.As for exhibitions organized by locally or centrally-affiliated entities according to the working plan or upon the decision of their supervisory authorities, such entities shall send the working plan or decision instead of the notice. The working plan or decision shall specify all information in section 2 of Form No.06 provided in the Appendix issued thereto.

Article 18. Suspension of exhibitions

1.If the exhibition holder is found to provide false information in the application or incorrect notice or violate regulations in Article 8 hereof, the notice receiving agency shall request such exhibition holder, in writing, to suspend the exhibition (according to Form No.03 provided in the Appendix issued thereto).

2.The exhibition holder shall immediately terminate the exhibition when receiving the written request from the competent authority and timely recover the consequences and send proposal of methods for keeping organizing the exhibition to the competent authority for consideration.

3.The decision of the competent authority shall be made in writing and sent to the exhibition holder. The decision shall be sent to the exhibition holder within 3 days from the day on which the proposal of methods for keeping organizing the exhibition is received by the competent authority.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 19.Effect

This Decree takes effect on April 15, 2019.

Article 20. Implementation responsibilities

1.The Minister of Culture, Sports and Tourism shall manage and check implementation of this Decree.

2. Minister, Directors of ministerial agencies and Governmental agencies, Chairpersons of provincial People’s Committees and relevant organizations and individuals shall take responsibility to implement this Decree./.

For The Government

Prime Minister

Nguyen Xuan Phuc