Thông tư 18/2013/TT-BVHTTDL

CIRCULAR

DETAILING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE DECREE No. 113/2013/NĐ-CP DATED OCTOBER 02, 2013 BY THE GOVERNMENT ON FINE ART ACTIVITIES

Pursuant to the Law on promulgation of legislative documents 2008 and the Decree No. 24/2009/NĐ-CP dated March 05, 2009 by the Government Providing guidance and implementation of the Law on promulgation of legislative documents;

Pursuant to the Decree No. 76/2013/NĐ-CP dated July 16, 2013 by the Government defining the functions, tasks, entitlements and organizational structure the Minister of Culture, Sports and Tourism;

Pursuant to the Decree No. 113/2013/NĐ-CP dated October 02, 2013 by the Government on fine art activities;

At the request of Director of the Department of Fine Arts, Photography and Exhibition

The Minister of Culture, Sports and Tourism promulgates the Circular detailing the implementation of a number of articles of the Decree No. 113/2013/NĐ-CP dated October 02, 1023 by the Government on fine art activities.

Article 1. Scope of regulation

This Circular details the implementation of Articles 9, 11, 12, 26, 29, 30, 31 and relevant regulations in the Decree No. 113/2013/NĐ-CP dated October 02, 2013 by the Government on fine art activities (hereinafter referred to as the Decree No. 113/2013/NĐ-CP)

Article 2. Interpretation of terms

In the Decree No. 113/2013/NĐ-CP and this Circular, these terms can be construed as follows:

1. Other kinds of contemporary art includes: video art; installation video; light installation; body art, performance art.

2. Monuments, mural printings include: monuments (including religious statues in public place), relieves, mural paintings in various kinds of material.

3. Nationwide fine art contests, nationwide fine art exhibitions are contests, exhibitions presided over by Ministries or regulatory bodies with the attendance of at least 50% provinces and of Vietnamese as well as foreign organizations and individuals.

4. Regional fine art contests and regional fine art exhibitions are contests and exhibitions presided over by regulatory bodies or People’s Committees of provinces with the attendance of at least 02 provinces and of Vietnamese as well as foreign organizations and individuals.

5. Provincial fine art contests and provincial fine art exhibitions are contests, exhibitions held by organizations affiliated to People’s Committees of provinces with the attendance of Vietnamese as well as foreign organizations and individuals.

6. Fine art reproduction is an exact copy of a fine art work in proportion to the original work with the information at the rear: name of author, title of the work, material, date of the original work, name of the reproducer; regarding the reproduction of fine art works of a national leader, great man of culture, national hero, the reproduction license number and date of issue shall be included.

Article 3. Entities eligible to organize fine art contests

Entities eligible to organize fine art contests are specified in Clause 1 Article 9 of the Decree No. 113/2013/NĐ-CP including:

1. The Central Ministries (Ministries, ministerial-level agencies, Governmental agencies) and regulatory bodies;

2. The socio-political organizations, socio-political-professional, social organizations, socio-professional organizations;

3. People’s Committees of provinces and affiliated organizations;

4. Culture station; Culture and Sport Center;

5. Organization in the field of fine art and culture and arts;

6. Literary Art Association; culture and arts training institution;

7. Press agencies;

8. Organizations and individuals displaying and trading fine art works;

9. Other organizations and individuals in the field of fine art and culture and arts according to the law regulations.

Article 4. Procedures for announcement about fine art contests

1. The written announcement about the fine art contests prescribed Clause 1 Article 11 of the Decree No. 113/2013/NĐ-CP shall conformable to the following regulations:

a) Vietnamese organizations and individuals wishing to hold a nationwide or regional fine art contest shall send a written notification and notification documents according to the provisions of Clause 2 Article 11 of the Decree No. 113/2013/NĐ-CP to the Ministry of Culture, Sports and Tourism (via the Department of  Fine Arts, Photography and Exhibition);

b) Organizations wishing to hold a provincial fine art contest; individuals, groups of individuals wishing to hold a local fine art contest shall send a written notification and notification documents according to the provisions of Clause 2 Article 11 of the Decree No. 113/2013/NĐ-CP to the Services of Culture, Sports and Tourism;

c) The notification shall indicate: name, location and date of the contest.

If a Vietnamese organization cooperates with a foreign organization/individual or an international organization in holding a fine art contest in Vietnam, the notification shall include name, address and contact number of such foreign organization/individual or the international organization.

2. The organization projects and the contest rules prescribed in Point a Clause 2 Article 11 of the Decree No. 113/2013/NĐ-CP shall include the following information:

a) The organization project:

- Name or the theme of the contest;

- Target and meaning of the contest;

- Information about the awards (if any)

- Responsibilities and interests of organizations and individuals holding the contest;

- Members of the Steering Committee (if any), Organization Board, Art council or the Jury

- Funding for the contest;

- Registration form for the contest.

b) The contest rules shall specify the participants, requirements, criteria, contents, procedures, time and location of the contest.

Article 5. Responsibilities for report on the result of the contest

The responsibilities for report on the fine art contests prescribed Clause 2 Article 12 of the Decree No. 113/2013/NĐ-CP shall conformable to the following regulations:

1. Within 30 days from the day on which the fine art contest finishes, the organizations and individuals holding such contest shall send a written reporting the result of the contest to the Ministry of Culture, Sports and Tourism (via the Department of Fine Arts, Photography and Exhibition), applicable to nationwide or regional contests or contests held by Vietnamese organizations/individuals cooperating with foreign organizations/individuals or international organizations; or to the Services of Culture, Sports and Tourism, applicable to provincial and local contests.

2. The report shall specify the organizers, the number of participants; the number of entries and the awards (if any)

Article 6. Contests for the scale models of monuments/mural paintings

1. There shall be contests for the scale model for monument/mural painting, applicable to the project on the monuments/mural paintings prescribed in Clause 4 Article 12 of the Decree No. 113/2013/NĐ-Government or monuments of Uncle Ho.

Scale model for other projects on monument/mural painting may be ordered or selected from the contests.

2. Investors in the construction of monuments/mural paintings holding scale model contest are responsible for:

a) Draw up organization project and contest rules and request the authorities competent to decide the investment to approve. The content of the project, the contest rules shall be conformable with the provisions of Clause 2 Article 4 of this Circular and the following provisions:

- The project and contest rules shall specify the tasks, the rights and responsibilities of the participants, funding for the works in the 2 rounds.

- The contest rules shall include:

+ Planning of site, scale and material;

+ Type of arts: the layout of monument, secondary works, relief, mural painting and others;

+ Specific entry requirements for the scale model in round 1 and round 2 of the contest: the number of copies of scale model for each participant; size, materials, sketch and the perspective;

+ Criteria for content, art form as the basis for the creation of the participants and the assessment of the Art council.

- Submit to the agency competent to decide the investment the list of expected members of the Art council to establish the Art council as prescribed in Article 23 of the Decree No. 113/2013/NĐ-CP

b) Follow the procedures for the announcement about the contest for a scale model of monument/mural painting according to the provisions of Article 11 of the Decree No. 113/2013/NĐ-CP;

c) Organize the contest for the scale model of monument/mural painting conformable to the approved project;

d) Receive and retain the entries;

dd) Request the Art council to assess and select the scale model;

e) Receive the comments of scientists, researchers, management agencies and residents directly through the exhibitions, scientific seminar.

Article 7. Establishment of Art council for monuments/mural paintings

The collection of comments before the establishment of the Art council prescribed in Point dd Clause 1 Article 23 of the Decree No. 113/2013/NĐ-CP shall be conformable to the following regulations:

1. Before deciding to establish the Art council, the agency competent to decide the investment shall send the collection of opinions about the Art council members to the Ministry of Culture, Sports and Tourism (via the Department of Fine Arts, Photography and Exhibition).

2. The documents on the collection of opinions shall include the details of the content, the scale and the materials of the monument/mural painting; the expected members of the Art council; proficiency, achievement in the field of fine art or architecture of the members who are sculptors, painters or architects.

3. Based on the information provide in the documents, the Ministry of Culture, Sports and Tourism shall make a written response about the list of members of the Art council. Based on the information provide in the documents, the Ministry of Culture, Sports and Tourism shall make a written response about the list of members of the Art council.

Agencies competent to decide the investment shall comply with the opinion of the Ministry of Culture, Sports and Tourism about the list of members of the Art council.

Article 8. Formulation and appraisal of budget estimate for the creation and execution of fine art part.

The estimation and appraisal of budget estimate for the creation and execution of fine art part shall be conformable to the provisions of Article 26 of the Decree No. 113/2013/NĐ-CP and the following regulations:

1. Budget estimate for the creation and execution of fine art parts of monuments/mural paintings shall be performed according to the table and fine art norm promulgated by the Ministry of Culture, Sports and Tourism and conformable with the relevant regulations and guidance.

2.  Appraisal of budget estimate for the creation and execution of fine art part of monuments/mural paintings:

a) Basis for the formulation and appraisal of budget estimate:

- Shall be conformable to the approve scale model;

- Shall be conformable to the scale and material of the work containing monuments/mural paintings;

- Shall be conformable to the fine art norm and other relevant regulations;

- Regarding the items without norm regulated by the State, the investor shall establish the norm as the basis for the appraisal.

b) Formulation and appraisal of budget estimate:

- Advisory organizations or the author authorized by the investor are in charge of formulating the estimate.

- The investor is in charge of appraising the approving the estimate; if the investor is incapable of appraisal of the estimate, an advisor may be hired to carry out the appraisal. The expenditure of appraisal shall be conformable to the legislation on construction investment.

- The investor or the organizations hired to carry out the appraisal shall establish an appraisal council to appraise the estimate. 1/3 of members of the appraisal council shall be sculptors and painters having experience in monument construction, the others shall be expert in finance, economy or construction with assessment practice certificates.

- Appraisal documents of budget estimate shall include:

+ The estimate of fine art part with confirmation of the investor;

+ A written confirmation of the investor about the volume and size of the monument/mural painting;

+ 4-side photos of the approved scale model selected in round 2 with the size of 18 x 24 cm;

+ Copies of the documents relating to the project investing in the construction of monuments/mural painting.

- Appraisal of budget estimate:

Appraisal of the expenditure of employees, materials according to the fine art norm promulgated by the Ministry of Culture, Sports and Tourism; expenditure for transportation, installation and other expense according to the regulations of the State and the regulatory bodies in field of fine art.

With regard to the items without norm, the expenditure shall be conformable to the market price at the appraisal time.

- The time limit for the appraisal is decided by the investor or agreed by the investor and the advisor (if any) that not exceeding 20 days from the day on which the appraisal is carried out.

- Organizations and individuals appraising the estimate of fine art part shall be responsible to the investor for their appraising result.

Article 9. Supervision and artistic direction for monuments/mural paintings

1. Experience of construction of monuments/mural painting of the sculptor prescribed in Point a Clause 1 Article 29 of the Decree No. 113/2013/NĐ-CP shall be the contribution in at least 02 projects of monument/mural painting of A level in quality.

2. Artists carrying out the supervision of production and use of materials prescribed in Point b Clause 1 Article 29 of the Decree No. 113/2013/NĐ-CP shall be artists in field of ceramics, stone carving, metal bending, molding and pressing who was awarded People’s Artist, Meritorious Artist or was awarded Artist by a competent agency.

Article 10. Execution, acceptance and transference of the monument/mural painting projects

1. The execution of monuments/mural paintings prescribed in Clause 1 Article 30 of the Decree No. 113/2013/NĐ-CP shall conform to the following regulations:

a) The construction contractor shall base on the approved model shall increase in size of 1/1 in clay;

b) The 1/1 model shall satisfy the requirements for bearing framework, formation framework and shall be conformable with the topic and the format of the scale model;

c) The 1/1 model shall be checked and gain acceptance from the Art council before creating moulds, forming framework and producing materials;

d) Final work shall satisfy the requirement of 1/1 model and shall gain the acceptance from the Art council before carrying out the installation;

dd) Monuments/mural paintings shall be installed conformably with the approved design, ensuring the harmoniousness with the landscape and the environmental conditions (the brightness, verdure, precinct and barrier).

2. The acceptance of monuments/mural paintings prescribed in Clause 2 Article 30 of the Decree No. 113/2013/NĐ-CP shall conform to the following regulations:

a) Entities entitled to carry out the acceptance:

Agencies competent to decide the investment or the investor are entitled to decide the establishment of work acceptance Council. Members of acceptance council are:

- The representative of an agency competent to decide the investment or of the investor;

- The construction supervisor;

- The Art council;

- The authors or groups of authors.

b) The acceptance shall be on the basis of:

- The project approved by a competent authority;

- The records of the idea contribution sessions of the Art council;

- The scale model approved by the investor;

- The acceptance records of the construction of fine art part from the Art council

c) Acceptance process:

- The acceptance council carries out the assessment of the construction items and fine art items.

- Acceptance council shall discuss and decide under the majority rule in the form of ballot; the acceptance goes through if it is approved by at least 2/3 of the members. The conclusion of the acceptance shall be included in a record with signatures of the council members attending the acceptance session.

d) A completed part, work item of a monument/mural painting shall be in use only when it has gained the acceptance according to the regulations.

dd) Criteria for assessment of artistic quality of the work:

- A level: when the work items reach the artistic quality appreciated by the investor and the Art council, harmonious with the landscape in term of space, architecture, environmental conditions, satisfying the requirements of the project.

- B level: when the work items reach the average artistic quality.

3. The transference of monuments/mural paintings prescribed in Clause 2 Article 30 of the Decree No. 113/2013/NĐ-CP shall be conformable to the legislation on construction investment.

Article 11. Warranty, maintenance and management of monuments and mural paintings and the works of sculpture outdoor camps

1. The duration of the warranty prescribed in Point b Clause 1 Article 31 of the Decree No. 113/2013/NĐ-CP is 18 months.

Fine art construction contractor is responsible for sending the warranty money to the investor’s account equivalent to 5% of the value of the contract on fine art part. Such money will be returned after the warranty period enclosed with the confirmation of the completion of warranty by the investor.

2. The duration of maintenance and management of monuments and mural paintings and the works of sculpture outdoor camps prescribed in Clause 2 Article 31 and Clause 2 Article 39 of the Decree No. 113/2013/NĐ-CP is 06 months (applicable to the works made of brass or other metals) or 01 year (applicable to the works made of stone, concrete or other materials).

3. Owner organizations or organizations authorized to manage the monuments/mural paintings and the works of sculpture outdoor camps are responsible for the protection, use and development of the value, meaning and artistic value of the monuments/mural paintings and the works of sculpture outdoor camps.

Article 12. Effect and responsibilities

1. This Circular comes into effect from February 18, 2014.

2. The Department of Fine Arts, Photography and Exhibition is responsible for inspecting the implementation of this Circular.

3. The Services of Culture, Sports and Tourism of provinces are responsible for the implementation of this Circular.

4. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Culture, Sports and Tourism for consideration and resolution./.