Decree of Government No.11/2006/ND-CP of January 18, 2006 promulgating the regulation on public cultural activities and commercial provision of public cultural services đã được thay thế bởi Decree No. 103/2009/ND-CP of November 06, 2009, promulgating the regulation on cultural activities and commercial provision of public cultural services và được áp dụng kể từ ngày 01/01/2010.
Nội dung toàn văn Decree of Government No.11/2006/ND-CP of January 18, 2006 promulgating the regulation on public cultural activities and commercial provision of public cultural services
THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
No.11/2006/ND-CP | Hanoi, January 18, 2006 |
DECREE
PROMULGATING THE REGULATION ON PUBLIC CULTURAL ACTIVITIES AND COMMERCIAL PROVISION OF PUBLIC CULTURAL SERVICES
THE GOVERNMENT
Pursuant to the Law on Organization of the Government dated December 25, 2001;
At the proposal of the Minister of Culture and Information,
DECREES:
Article 1.
To promulgate together with this Decree the Regulation on public cultural activities and commercial provision of public cultural services.
Article 2.
The Minister of Culture and Information shall be responsible for guiding the implementation of this Decree.
Article 3.
This Decree takes effect 15 days after its publication in CONG BAO and replaces the Regulation on circulation of and trading in films, video tapes and discs, music tapes and discs; sale and rent of publications; cultural activities and cultural services in public places; advertisement, writing and placement of billboards, issued together with the Government's Decree No. 87/CP dated December 12, 1995, on enhancing management of cultural activities and cultural services and stepping up the fight against serious social evils.
Article 4.
Ministers, heads of ministerial-level agencies, heads of Government-attached agencies, and presidents of provincial-level People's Committees shall have to implement this Decree.
| ON BEHALF OF THE GOVERNMENT |
REGULATION
ON PUBLIC CULTURAL ACTIVITIES AND PROVISION OF PUBLIC CULTURAL SERVICES
(Promulgated together with the Governments Decree No. 11/2006/ND-CP dated January 18, 2006)
Chapter I
GENERAL PROVISIONS
Article 1.
Public cultural activities and provision of public cultural services must aim to build an advanced culture imbued with national identity; educate the population in healthy lifestyles and cultured manners; inherit and promote the tradition of humanism, sentimental attachment, and fine customs and habits; raise the aesthetic knowledge and level and enrich the spiritual life of the people; check the invasion of and do away with cultural products with harmful contents; contribute to promoting national socio-economic development.
Article 2.
1. Scope of regulation:
a) This Regulation provides for public cultural activities and provision of public cultural services, including circulation of and dealing in films, video tapes and discs, music and theatrical tapes and discs; art performances, fashion shows; cultural and art exhibitions; organization of festivities; writing and placement of signboards; dancing and karaoke activities, electronic games; cultural services and other recreation and entertainment forms;
b) Places where public cultural activities or cultural services provided for in this Regulation are organized include theaters, cultural houses, cultural centers, clubs, cinemas, hotels, guest houses, rest houses, restaurants, bars, shops, department stores, stadiums, sport competition halls, public squares, public means of transport and other places where public cultural activities or cultural services provided for at Point a, Clause 1 of this Article are organized.
2. Subjects of application:
This Regulation applies to Vietnamese and foreign organizations and individuals currently operating in Vietnam; where a treaty to which Vietnam is a contracting party contains different provisions, the provisions of such treaty shall apply.
Article 3.
The State encourages the production and dissemination of cultural products with healthy contents and of high artistic quality to meet the spiritual demands of the people.
Article 4.
The following activities are strictly prohibited:
1. Cultural activities and provision of cultural services with the following contents:
a) Inciting the people to oppose the State of the Socialist Republic of Vietnam; undermining the unity block of all the people;
b) Inciting violence, conducting propaganda for aggressive wars, sowing hatred between nations and people; disseminating reactionary ideas and cultures, depraved lifestyles, criminal acts, social evils, superstitions, acts against fine customs and habits and deteriorating the eco-environment.
c) Disclosing Party and State secrets, military, security, economic and foreign relation secrets, personal privacy and other secrets provided for by law;
d) Distorting history, negating revolutionary achievements, offending personalities, offending the nation, slandering, hurting the honor and reputation of organizations, honor and dignity of individuals.
2. Circulating, disseminating and trading in illegally produced or imported cultural products, cultural products subjected to circulation stoppage, circulation ban, withdrawal, confiscation or destruction decisions; commercially providing cultural services without required business registration certificates or permits.
3. Organizing cultural activities and commercially providing cultural services in violation of regulations on civilized ways of living, security, order and fire prevention and fight.
Chapter II
CIRCULATION OF AND DEALING IN FILMS AND FILM TAPES AND DISCS
Article 5.
1. Films provided for in this Regulation include feature films, scientific documentaries, animated cartoons and educational films recorded on plastic material.
2. Film tapes and discs provided for in this Regulation comprise video tapes, VCDs, DVDs, CD-ROMS, computer discs, IC chips or other materials recorded with feature films, scientific documentaries, animated cartoons and educational films, hereinafter collectively referred to as film tapes and discs.
3. Film tapes or discs used as substitutes for books or accompanying books of publishing houses shall not be regulated by this Regulation.
Article 6.
1. Films and film tapes and discs produced or imported by organizations or individuals must be previewed and granted permits by competent state agencies before they can be widely circulated. Film tapes and discs permitted for wide circulation must be stuck with control labels according to regulations of the Ministry of Culture and Information.
2. The competence to grant circulation permits for films or film tapes and discs is provided for as follows:
a) The Ministry of Culture and Information shall grant permits for circulation of locally produced or imported films or film tapes and discs recorded with locally produced or imported feature films; films and film tapes and discs of documentary, scientific, animated cartoon or educational contents produced or imported by central agencies or organizations;
b) Provincial/municipal Culture and Information Services shall grant circulation permits for films and film tapes and discs of documentary, scientific, animated cartoon or educational contents produced or imported by local organizations or individuals.
3. Procedures for application of permits:
Organizations or individuals that wish to circulate films or film tapes and discs must send dossiers of application for permits to competent state agencies specified in Clause 2 of this Article.
a) A dossier shall comprise:
- An application for a circulation permit for a film, film tape or disc, stating the title, type, origin, content and author of the film;
- Papers proving the ownership of the film.
b) Within 10 (ten) working days after the date of receipt of valid dossiers, competent state agencies shall have to grant permits; in case of refusal to grant permits, they must reply in writing, stating the reason therefor.
Article 7.
1. Organizations and individuals dealing in reproducing film tapes and discs must have business registration certificates and may only reproduce film tapes and discs permitted for circulation.
2. Organizations and individuals dealing in reproducing film tapes and discs must not commit the following acts:
a) Reproducing film tapes or discs without written agreement of their copyright owners;
b) Adding, cutting or manipulating pictures or sounds which result in the alteration of the contents of the film tapes or discs already permitted for circulation;
c) Reproducing film tapes or discs subjected to circulation stoppage, withdrawal, confiscation or destruction decisions.
Article 8.
1. Organizations or individuals that open shops or act as agents for sale or rent of film tapes and discs must fully meet the conditions defined in Clause 2 of this Article and be granted business permits by the provincial/municipal Culture and Information Services of their localities.
2. Conditions for grant of permits for dealing in sale or rent of film tapes and discs:
a) Having a lawful location;
b) Having a record player and monitor for checking the content and technical quality of tapes and discs.
3. Procedures or grant of permits to open shops, act as agents for sale and rent of film tapes and discs: Organizations or individuals wishing to open shops or act as agents for sale and rent of film tapes and discs must send dossiers of application for permits to provincial/municipal Culture and Information Services of their localities.
a) A dossier shall comprise:
- An application for a permit (made according to a form set by the Ministry of Culture and Information);
- Documents proving the right to use the business place according to the provisions of law.
b) Within 7 (seven) working days after the date of receipt of valid dossiers, provincial/municipal Culture and Information Services shall have to grant permits; in case of refusal to grant permits, they must reply in writing, stating the reason therefor.
4. Owners of shops or agents for sale and rent of video tapes and discs may only sell and rent film tapes and discs already permitted by competent state agencies for circulation and stuck with control labels according to regulations.
Article 9.
1. Organizations or individuals dealing in film or film tape and disc showing must have business registration certificates.
2. Open-air public film or film tape and disc showing places, both fixed and mobile, and public means of transport may only show films and film tapes and discs already permitted for circulation and stuck with control labels according to regulations and must ensure order in public places.
3. Open-air public film and film tape and disc showing places must not operate after 00:00 hrs.
Chapter III
CIRCULATION OF AN DEALING IN MUSIC AND THEATRICAL TAPES AND DISCS
Article 10.
1. Music and theatrical tapes and discs provided for by this Regulation include cassette tapes, videotapes, CDs, VCDs, DVDs, CD-ROMs, computer discs, IC chips and other materials recorded with music, theatrical performances, fashion shows, and sports, hereinafter collectively referred to as music and theatrical tapes and discs.
2. Music and theatrical tapes and discs of publishing houses shall not be regulated by this Regulation.
Article 11.
1. Locally produced or imported music and theatrical tapes and discs must be previewed and granted permits by competent state agencies before they can be widely circulated. Music and theatrical tapes and discs permitted for wide circulation must be stuck with control labels according to regulations of the Ministry of Culture and Information.
2. The competence to grant circulation permits for music and theatrical tapes and discs is provided for as follows:
a) The Ministry of Culture and Information shall grant permits for circulation of tapes and discs produced or imported by central agencies or organizations;
b) Provincial/municipal Culture and Information Services shall grant circulation permits for tapes and discs produced or imported by local agencies or organizations.
3. Procedures for application of permits:
Organizations or individuals applying for permits shall send dossiers to competent state agencies specified in Clause 2 of this Article.
a) A dossier shall comprise:
- An application for a circulation permit for a music or theatrical tape or disc, stating the content (theme) and title of works, authors and origin;
- Papers proving the ownership of the product.
b) Within 7 (seven) working days after the date of receipt of valid dossiers, competent agencies shall have to grant permits; in case of refusal to grant permits, they must reply in writing, stating the reason therefor.
Article 12.
1. Organizations and individuals dealing in reproducing, selling and renting music and theatrical tapes and discs must have business registration certificates and may only reproduce those permitted for circulation and stuck with control labels according to regulations.
2. Organizations and individuals playing musical or theatrical tapes and discs in public places or on public means of transport may only play those permitted for circulation and stuck with control labels according to regulations.
3. Organizations and individuals dealing in reproducing, selling and renting music and theatrical tapes and discs must not commit the following acts:
a) Reproducing tapes or discs without written agreement of their copyright owners;
b) Adding, cutting or manipulating pictures or sounds which result in the alteration of the contents of the tapes or discs already permitted for circulation;
c) Reproducing tapes or discs subjected to circulation stoppage, withdrawal, confiscation or destruction decisions.
Chapter IV
ART PERFORMANCES, FASHION SHOWS
Article 13.
1. Organizations and individuals organizing art performance or fashion shows in front of public audience must obtain public performance permits from competent state agencies according to the following regulations:
a) The Ministry of Culture and Information shall grant permits to art troupes of central agencies or foreign art troupes giving performances under cultural cooperation programs between central agencies and foreign countries;
b) Provincial/municipal Culture and Information Services shall grant permits to local art troupes, foreign art troupes and individual performers giving performances in localities not falling into the case stated at Point a, Clause 1 of this Article, Vietnamese individual performers (other than art troupes) giving performances in localities; fashion shows in localities.
2. Procedures for grant of public performance permits:
Organizations or individuals wishing to organize art performances or fashion shows must send dossiers of application for public performance permits to competent state agencies specified in Clause 1 of this Article.
a) A dossier of application for a public performance permit shall comprise:
- An application for a public performance circulation permit (stating the names of the performance and performance items, authors, directors and performers);
- A written commitment not to violate the provisions of Article 4 of this Regulation when organizing performances.
b) Within 7 (seven) working days after the date of receipt of valid dossiers, competent state agencies shall have to grant permits; in case of refusal to grant permits, they must reply in writing, stating the reason therefor; where it is necessary to preview the programs before granting permits, the applying organizations or individuals shall have to create conditions for competent state agencies to preview.
Article 14.
1. Organizations or individuals that make arrangements for Vietnamese art troupes or artists to give performances for internal entertainment purposes or at hotels, restaurants or bars without sale of tickets and for non-commercial purposes shall not have to apply for permits therefor but must ensure that only songs, melodies or plays already permitted for popularization can be performed.
2. Owners of hotels, restaurants or bars that organize performances given by foreign art troupes or artists at their establishments without sale of tickets must make registration thereof with provincial/municipal Culture and Information Services.
Past 7 (seven) working days after the date of registration, if provincial/municipal Culture and Information Services give no opinion, registrants shall be allowed to organize performances according to the registered contents. Registration procedures shall be stipulated by the Ministry of Culture and Information.
Article 15.
Organizations, individuals using art performance or fashion show venues must observe the following provisions:
1. Not to issue tickets in excess of the number of seats, the accommodating capacity or the number permitted by competent agencies; to ensure conditions for fire prevention and fight.
2. The volume of sound that leaks out of performance venues shall not exceed the permitted maximum noise level.
3. Not to admit drunkards or drug users to enter art performance or fashion show venues.
4. There must be rules on civilized manners posted up at art performance or fashion show venues.
Article 16.
Organizers of art performances or fashion shows in front of public audiences must observe the following provisions:
1. To strictly observe the contents of public performance permits and relevant provisions of law.
2. Not to commit the following acts:
a) Requesting or permitting performers to use costumes or made-ups inappropriate to fine customs and practices of the nation;
b) Altering, adding or cutting words, dialogues or adding performing acts different from those permitted for public performance, thereby causing bad consequences;
c) Using pre-recorded sounds to replace the voices of performers;
d) Organizing performances for those who have been banned from giving performances by competent state agencies;
e) Running advertisements with the names of artists or art establishments that do not actually participate in performance; with titles or artistic achievements not true to those actually conferred by the State or functional agencies to artists.
f) Operating after 00:00 hrs without permission of provincial/municipal Culture and Information Services.
Article 17.
Those who give art or fashion show performances in front of public audience must observe the provisions of Clause 1, Points b and c, Clause 2, Article 16 of this Regulation; and, when giving performances, must not commit improper acts or utter rude or incorrect words.
Chapter V
CULTURAL AND ART EXHIBITIONS
Article 18.
Cultural and art exhibitions provided for in this Regulation include fine-art exhibitions, photo exhibitions and other cultural exhibitions for non-commercial purposes.
Article 19.
1. Fine-art exhibitions or photo exhibitions of Vietnamese organizations or individuals, fine-art exhibitions, photo exhibitions and other cultural product exhibitions of foreign organizations or individuals in Vietnam must be permitted by competent state agencies according to the following provisions:
a) The Ministry of Culture and Information shall grant permits to fine-art exhibitions, photo exhibitions of central agencies, fine-art
exhibitions, photo exhibitions or book, newspaper or other cultural product exhibitions of foreign organizations or individuals in Vietnam;
b) Provincial/municipal Culture and Information Services shall grant permits to fine-art exhibitions, photo exhibitions of local organizations or individuals; fine-art exhibitions, photo exhibitions of central agencies, foreign organizations or individuals in localities when authorized by the Ministry of Culture and Information.
2. Procedures for grant of exhibition permits:
Organizations or individuals wishing to organize cultural or art exhibitions must send dossiers of application for exhibition permits to competent state agencies specified in Clause 1 of this Article.
a) A dossier of application for a permit shall comprise:
- An application for an exhibition permit (stating the expected time and venue of the exhibition);
- A list of works and authors; for photo exhibitions, the size of works must be specified; for fine-art exhibitions, the material and size of works and their photos of 9 x 12 cm or larger are required;
- The form of invitation card, catalogs (if any) in Vietnamese and a foreign language;
- A written commitment not to violate the provisions of Article 4 of this Regulation when organizing performances.
b) Within 10 (ten) working days after the date of receipt of valid dossiers, competent state agencies shall have to grant permits; in case of refusal to grant permits, they must reply in writing, stating the reason therefor.
Article 20.
Cultural or art exhibitions of Vietnamese organizations or individuals not falling into the case defined in Clause 1, Article 19 of this Regulation must be registered with the Culture and Information Services of the localities where they are organized. Past 7 (seven) working days after the date of registration, if provincial/municipal Culture and Information Services give no opinion, registrants shall be allowed to organize performances according to the registered contents. Registration procedures shall be stipulated by the Ministry of Culture and Information.
Article 21.
Cultural and artistic exhibition activities provided for in this Regulation must fully meet the following conditions:
1. Exhibits and documents on display must be compatible with the exhibition's theme and content, originated from or under lawful ownership or use rights of the organizers.
2. The area of the exhibition venue must be appropriate to the characteristics and scope of the exhibition; ensure order, security, social safety, traffic safety and environmental sanitation; ensure conditions for fire prevention and fight.
3. The owner of the exhibition venue shall only allow organization of exhibitions for permits under the provisions of Clause 1 , Article 19 or for registration papers which have been granted under the provisions of Article 20 of this Regulation.
4. Organizations or individuals that have made registration for exhibitions or granted exhibition permits shall have to:
a) Ensure that the content and form of display of exhibitions be consistent with the registered dossiers or granted exhibition permits;
b) After making registration or being granted permits, if wishing to change the content, display design, venue or time of exhibitions, they must send written requests therefor to competent state agencies which have effected registration or granted permits and may effect the changes only after obtaining written approval from such agencies;
c) Where competent state agencies, which have effect exhibition registration or granted exhibition permits need to preview the exhibition contents before the opening date of exhibition, exhibition-organizing organizations or individuals shall have to create conditions for such agencies to preview at least 5 (five) days before the opening date of exhibition.
Article 22.
Advertising activities, press conferences, cultural-art activities, sport, recreation and entertainment activities must comply with the provisions of law on these activities.
Chapter VI
ORGANIZATION OF FESTIVITIES
Article 23.
Festivities provided for in this Regulation include traditional festivities, historical and revolutionary festivities, cultural and tourist festivities and festivities of foreign origin organized in Vietnam.
Article 24.
The organization of festivities defined in Article 23 of this Regulation and falling into one of the following cases must be permitted by People's Committees of provinces or centrally-run cities where festivities are organized:
a) Festivities are organized for the first time;
b) Festivities are restored after many years' interruption;
c) Periodically organized festivities are changed in their traditional content and/or time;
d) Festivities of foreign origin are organized by foreign or Vietnamese organizations.
2. Procedures for application of permits for organization of festivities: Agencies or organizations wishing to organize festivities defined in Clause 1 of this Article must send dossiers of application for permits to provincial/municipal Culture and Information Services of localities where festivities are to be organized at least 45 (forty five) working days before the expected date of opening of such festivities.
a) A dossier of application for a festivity organization permit shall comprise:
- An application for a festivity organization permit (clearly stating the content of the festivity or the change in the traditional content of the festivity, time and venue of organization, a plan on the setting up of an organizing committee, and necessary conditions for ensuring security and order in the festivity venue);
- A written commitment not to violate the provisions of Article 4 of this Regulation when organizing performances.
b) Within 15 (fifteen) working days after the date of receipt of valid dossiers, provincial/municipal Culture and Information Services shall have to submit their proposals to provincial/municipal People's Committees. Within 15 (fifteen) working days after the date of receipt of such proposals, provincial/municipal People's Committees shall have to grant festivity organization permits; in case of refusal to grant permits, they must reply in writing, stating the reason therefor.
Article 25.
The following festivities may be organized without a permit but their organization must be reported in writing to competent state agencies under the guidance of the Ministry of Culture and Information:
1. Traditional festivities, which have been organized on a regular, continuous or periodical basis; cultural and tourist festivities.
2. Festivities defined at Points a, b and c, Clause 1, Article 24 of this Regulation which are organized from the second time on.
Article 26.
Festivity organizations must implement the following provisions:
1. To set up an organizing committee.
2. Festive rituals must be solemnly practiced in a traditional manner under the guidance of competent state agencies in charge of culture and information.
3. Within the festivity area, the national flags must be hoisted in solemn places, above festive flags.
4. Folk games, cultural performances and sports organized in the festivity area must be of useful and healthy content appropriate to the scope, nature and characteristics of each festivity.
5. Revenues from donations, charities, financial supports and other sources from the organization of festivities must be managed and used in accordance with the provisions of law.
Article 27.
Religious festivities sponsored by religious congregations or religious dignitaries must be organized in accordance with the provisions of law on religious activities and relevant provisions of this Regulation.
Article 28.
Festivity attendants must behave in a proper civilized manner and observe the rules of the festivity-organizing committees.
Chapter VII
WRITING AND PLACEMENT OF SIGNBOARDS
Article 29.
The writing, placement, hanging, sticking, erection and installation of signboards, hereinafter collectively referred to as writing and placement of signboards, at head offices and business places of organizations or individuals in the form of boards, posters, illuminated signs, neon signs or other forms, to show the names and transaction addresses of Vietnamese or foreign organizations or individuals in Vietnam shall not subject to permission but must comply with the provisions of Article 30 of this Regulation.
Article 30.
1. Form of signboards:
a) A signboard must be beautifully designed;
b) A signboard must be written in Vietnamese; in case of necessity to show the abbreviated names and international transaction names, foreign names or words, they must be written below Vietnamese words and in a smaller size.
2. Position of signboards:
A signboard must be written, placed very close to the gate or on the front of the head office or business place of the organization or individual; each agency or organization must only have one signboard written or placed at its gate; at the head office or business place independent from other organizations or individuals, only one horizontal signboard and no more than two vertical signboards can be placed.
3. Contents of signboards:
a) The name of the direct managing agency (if any);
b) The full Vietnamese name consistent with the establishment decision or business registration certificate granted by a competent agency;
c) The transaction address, telephone number (if any);
d) Major trades or business lines (for goods production and business or service-providing establishments);
e) The type of enterprise (state enterprise, private company, limited liability company, joint-stock company, partnership, joint-venture company or company with 1 00% foreign capital); or cooperative;
f) The signboard may show the logo already registered with a competent agency but not any advertisement for any kind of goods or service.
Chapter VIII
DANCING HALL ACTIVITIES
Article 31.
Hotels, cultural houses and cultural centers dealing in dancing halls must meet all conditions defined in Article 32, Clauses 2 and 3, Article 34 of this Regulation and may operate dancing halls only after being granted business permits by provincial/municipal Culture and Information Services.
Article 32.
Conditions for grant of dancing hall business permits
1. Dancing halls must be at least 80 m2 large each and at least 200 meters far from schools, hotels, religious and belief establishments, historical-cultural relics and state administrative agencies, ensuring conditions for fire prevention and fight.
2. Persons directly managing activities in dancing halls must have an intermediate or higher degree in culture or arts.
3. Equipment and facilities of dancing halls must ensure sound quality.
4. Compliance with the local dancing hall planning.
Article 33.
Procedures for grant of dancing hall business permits:
1. If owners of hotels, cultural houses or cultural centers that meet all conditions defined in Clauses 1, 2 and 3, Article 32 and Clauses 2 and 3, Article 34 of this Regulation wish to deal in dancing halls, they must send applications for permits to provincial/municipal Culture and Information Services in their localities.
2. Within 10 (ten) working days after the date of receipt of applications, provincial/municipal Culture and Information Services shall have to grant business permits; in case of refusal to grant permits, they must reply in writing, stating the reason therefor.
Article 34.
When operating dancing halls, dancing hall owners must observe the following provisions:
1. To have internal rules posted up at dancing halls for everyone to know and observe, clearly stating the operation time, required age and costumes of dancers, and prohibitions on people in dancing halls.
2. To ensure that the light in dancing halls must be more than 1 0 lux, equivalent to a 40W incandescent light per 20 m2.
3. To ensure that the volume of sound leaking out of dancing halls must not exceed the minimum noise limit prescribed by the State.
4. To use only songs and musical works permitted for dancing and dancers must wear decent costumes.
5. Not to let drunkards and users of drugs or other banned stimulants stay in dancing halls.
6. Not to let persons aged under 18 years work or dance in dancing halls.
7. To ensure security and order conditions defined in Article 4 of the Government's Decree No. 08/2001/ND-CP dated February 22, 2001, defining security and order conditions for a number of conditional business lines.
8. If employing employees, to sign labor contracts with them and manage their activities under the provisions of the Government's Decree No. 44/2003/ND-CP dated May 9, 2003, detailing and guiding the implementation of a number of articles of the Labor Code regarding labor contracts.
9. Not to operate from after 00:00 to 8:00 hrs.
Article 35.
Striptease and other acts of pornography, prostitution procurement, prostitution, drug sale, purchase or use in dancing halls are strictly forbidden in karaoke rooms.
Article 36.
Agencies or organizations, when organizing dancing for non-commercial purposes within their own agencies or organizations, shall not have to apply for a permit but must observe the provisions of the Regulation on activities and security and order assurance.
Chapter IX
KARAOKE ACTIVITIES
Article 37.
Organizations and individuals dealing in karaoke must meet all conditions defined in Article 38 and Clauses 1 and 2, Article 40 of this Regulation and may carry out karaoke activities only after obtaining permits from provincial/municipal Culture and Information Services in their localities.
Article 38.
Conditions for grant of karaoke permits
1. Karaoke parlors must be at least 200 m far from schools, hotels, religious and belief establishments, historical-cultural relics and state administrative agencies.
2. Karaoke rooms must be 20 m2 large each, excluding the area of the water closet; ensure conditions for fire prevention and fight.
3. The door of a karaoke room must be made of transparent glass, allowing a full view of the entire room from outside.
4. Interior door locks or bolts or alarming devices must not be installed in order to cope with inspection activities conducted by competent state agencies.
5. For karaoke parlors located in residential quarters, written agreement of families living in adjacent houses is required.
6. Compliance with the local karaoke business planning.
Article 39.
Procedures for grant of karaoke business permits:
1. If organizations or individuals that meet all conditions defined in Clauses 1, 2, 3, 4 and 5, Article 38 and Clauses 1 and 2, Article 40 of this Regulation wish to deal in karaoke, they must send applications for business permits to the provincial/municipal Culture and Information Services or authorized district agencies.
2. Within 10 (ten) working days after the date of receipt of applications, provincial/municipal Culture and Information Services or authorized district agencies shall have to grant business permits; in case of refusal to grant permits, they must reply in writing, stating the reason therefor.
Article 40.
When operating karaoke parlors, karaoke parlor owners must observe the following provisions:
1. To ensure that the light in karaoke rooms must be more than 1 0 lux, equivalent to a 40W incandescent light per 20 m2.
2. To ensure that the volume of sound leaking out of karaoke rooms must not exceed the minimum noise limit prescribed by the State.
3. Karaoke tapes and discs used in karaoke rooms must be stuck with control labels according to regulations. If using IC chip players, the IC chips' song lists must be permitted and affixed with a red seal on every page by provincial/municipal Culture and Information Services in the concerned localities for use.
4. Not to sell alcohol or let customers drink alcohol in karaoke rooms.
5. To ensure security and order conditions defined in Article 4 of the Government's Decree No. 08/2001/ND-CP dated February 22, 2001, defining security and order conditions for a number of conditional business lines.
6. Each karaoke room may only be serviced by only one employee aged 18 years or older; for hired employees, labor contracts must be signed with them and they shall be managed under the provisions of the Government's Decree No. 44/2003/ND-CP dated May 9, 2003, detailing and guiding the implementation of a number of articles of the Labor Code regarding labor contracts.
7. Not to operate from after 00:00 to 8:00 hrs.
8. Karaoke venues located in rural areas or thinly populated areas shall not have to observe the provision of Clause 2 on the sound volume but must comply with the provisions of Clauses 1, 3, 4, 5, 6 and 7 of this Article.
Article 41.
Acts of pornography, prostitution intermediary, prostitution, drug sale, purchase or use in dancing halls are strictly forbidden in karaoke rooms.
Article 42.
Establishments dealing in other services and organizations or individuals, when organizing karaoke activities in public places for non-commercial purposes, shall not have to apply for a permit but must observe the provisions of Articles 40 and 41 of this Regulation.
Chapter X
ELECTRONIC GAMES AND OTHER ENTERTAINMENT ACTIVITIES
Article 43.
1. Organizations or individuals dealing in electronic games must meet the following conditions and make business registration:
a) Electronic game shops must be at least 200 m far from primary, lower and higher secondary schools; ensuring order and traffic safety;
b) Equipment must ensure audio and video quality and their forms suitable to Vietnam's aesthetic tastes.
2. When operating electronic games, organizations and individuals dealing in electronic games must observe the following provisions:
a) The electronic games' contents must be healthy and not violate the provisions of Article 4 of this Regulation;
b) Not to operate after 23:00 hrs.
3. Dealing in electronic games of gambling nature is strictly forbidden.
Article 44.
Organizations or individuals, when organizing games, cultural services and other recreation and entertainment activities in public places for commercial or non-commercial purposes, must observe the provisions of Articles 4 of this Regulation.
Chapter XI
IMPLEMENTATION PROVISIONS
Article 45.
1. The Ministry of Culture and Information shall coordinate with concerned ministries and branches in guiding in detail the implementation of this Regulation.
2. People's Committees of provinces and centrally run cities shall have to direct, guide and inspect the implementation of cultural activities and commercial provision of cultural services in their respective localities in accordance with the provisions of this Regulation.
