| THE GOVERNMENT -------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------- |
| No. 185/2007/ND-CP | Hanoi, December 25, 2007 |
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.
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