Nghị định 79/2017/ND-CP

DECREE

DEFINING FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF CULTURE, SPORTS AND TOURISM

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

Pursuant to the Government’s Decree No. 123/2016/ND-CP dated September 01, 2016 defining functions, tasks, powers and organizational structure of ministries and ministerial agencies;

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

The Government hereby promulgates a Decree to define functions, tasks, powers and organizational structures of the Ministry of Culture, Sports and Tourism.

Article 1. Position and functions

The Ministry of Culture, Sports and Tourism is a governmental agency performing the state management of culture, family affairs, physical training, sports and tourism nationwide, and public services in sectors and fields under its management.

Article 2. Tasks and powers

The Ministry of Culture, Sports and Tourism shall fulfill the tasks and exercise the powers prescribed in the Government’s Decree No. 123/2016/ND-CP dated September 01, 2016 defining functions, tasks, powers and organizational structures of Ministries and ministerial agencies, and the following specific tasks and powers:

1. Submit the following documents to the Government, including bills and draft resolutions of the National Assembly, draft resolutions of the Standing Committee of the National Assembly, draft decrees of the Government according to the approved annual law-making programs and plans of the Ministry, as well as resolutions, projects and schemes assigned by the Government or the Prime Minister.

2. Submit the annual, medium-term and long-term development strategies, planning or plans, programs, works and projects of national significance in sectors or fields under its management.

3. Submit draft decisions, directives and other documents on sectors or fields under its management to the Prime Minister.

4. Promulgate circulars, decisions, directives and other documents on state management of sectors or fields under its management.

Formulate national standards and promulgate national technical regulations, procedures and technical – economic norms applied to sectors or fields under its management.

5. Direct, provide guidance, inspect and organize the implementation of legislative documents, strategies, planning, programs, plans, works and projects of national significance that have been promulgated or approved; disseminate laws and supervise the implementation of regulations of law on fields under its management.

6. Regarding cultural heritages:

a) Request a competent authority to establish national museums and specialized museums affiliated to the Ministry of Culture, Sports and Tourism;

b) Request the Prime Minister to decide on the classification and adjustment of special national-level site protection zones; submission of applications for recognition of Vietnam's cultural and natural heritages as world heritages to the United Nations Educational, Scientific and Cultural Organization (UNESCO); recognition of national treasures and permission for sending national treasures abroad for display, exhibition, research or conservation purposes and measures for handling assets that are cultural heritages as prescribed by law;

c) Provide guidance and organize the implementation of the approved planning for safeguarding and promoting the values of cultural heritage;

d) Appraise and submit guidelines, tasks and projects on comprehensive planning for special national-level sites and national-level sites in which large-scale investment is made to the Prime Minister for approval;

dd) Appraise the tasks and planning for conserving and restoring national-level sites; appraise special national-level site or national-level site conservation plans; appraise plans for renovation and construction of works located outside special national-level site or national-level site protection zones as prescribed by law;

e) Classify national-level sites and museums as class I, adjust national-level site protection zones; include intangible cultural heritages in the national list of intangible cultural heritages; transfer relics, antiquities and national treasures to state museums as prescribed by law; lay down conditions for establishment of national museums or specialized museums; reach agreement on classification of museums as class II or III as prescribed by law;

g) Grant licenses for archaeological exploration and excavation and sending relics and antiquities abroad for display, exhibition, research or conservation purposes; grant license for research into or collection of intangible cultural heritages to overseas Vietnamese or foreign organizations/individuals as prescribed by law;

h) Provide guidance on completion of procedures for registering relics or antiquities, conditions for establishment and operation of antiquity inspecting authorities;

i) Formulate plans for mobilization, management and use of resources for safeguarding and promoting the values of the cultural heritage;

k) Provide guidance and inspect the safeguarding and promotion of values of cultural heritages.

7. Regarding performance art:

a) Provide guidance and organize the implementation of the approved planning for performance art development;

b) Provide guidance and organize the implementation of regulations of law on performance, art performances and fashion shows; beauty and model contests; circulation of and trading in audio and visual recordings of song, dance, musical and theatrical performances;

c) Decide on the organization of competitions and festivals regarding professional art forms.

d) Issue and revoke licenses concerning performance, organization of art performances and fashion shows; beauty and model contests; circulation of and trading in audio and visual recordings of song, dance, musical and theatrical performances as prescribed by law.

8. Regarding motion picture:

a) Provide guidance and organize the implementation of the approved planning or strategies for motion picture industry development;

b) Organize national and international film festivals in Vietnam; grant approval for organization of specialized and thematic film festivals, foreign film days in Vietnam and Vietnamese film days in foreign countries;

c) Manage depositing or archiving of domestically produced films and motion pictures; depositing or archiving of foreign films released in Vietnam;

d) Issue and revoke licenses concerning motion picture as prescribed by law.

9. Regarding fine arts, photography and exhibitions:

a) Provide guidance and organize the implementation of planning for development of fields of fine art, photography and exhibition, and national monument and mural painting planning after obtaining approval;

b) Perform state management of national cultural symbols as prescribed by law;

c) Provide guidance and organize the implementation of regulations of law on management of fine art and photography-related activities and cultural and art exhibitions;

d) Directly organize and provide guidance on organization of displays and exhibitions of works of fine art and applied fine arts, and photographic works;

dd) Provide guidance on inspection of works of fine art and photographic works,

10. Regarding copyright and related rights:

a) Provide guidelines for the implementation of legal documents about copyright and related rights;

b) Take measures to protect lawful rights and interests of the State, organizations or individuals related to the protection of copyright and related rights.

c) Provide guidelines for the supply, cooperation, placement of orders, use and assurance of copyright to works and related rights to performances, phonograms, video recordings or broadcasts.

d) Manage and exploit copyright to works and related rights to performances, phonograms and video recordings, broadcasts owned by the State;

dd) Manage the issuance, reissuance, replacement or invalidation of copyright registration certificates and related right registration certificates;

e) Manage the assessment of copyright and related rights; manage operation of representative of copyright and related rights, providers of copyright and related right services and consulting services.

11. Regarding library:

a) Provide guidance and organize the implementation of the approved planning for library network development;

b) Provide guidance on cooperation and exchange of books, newspapers and documents with foreign countries and sharing of books, newspapers and materials among libraries;

c) Provide guidance on fulfillment of conditions for establishment and on operation of libraries; provide guidance on issuance and revocation of certificate of registration of library activities with respect to private libraries that serve community; provide guidance on storage and exploitation of documentary sources of libraries;

d) Formulate plans for mobilizing resources for the cause of library development.

12. Regarding advertising:

a) Perform state management of advertising as prescribed by law;

b) Provide guidance on formulation of local outdoor advertising planning;

c) Organize appraisal of advertisements as prescribed by law.

13. Regarding mass culture, national culture and propagation of information and encouragement

a) Provide guidance on and organize the compliance with regulations on anniversaries and other rituals under its management or as assigned by the Government;

b) Provide guidance and organize the implementation of the approved planning for internal cultural institution development;

c) Direct, provide guidance and organize the propagation of information about guidelines of the Communist Party, polices and laws of the State through cultural and artistic activities;

d) Perform state management and provide guidance on use of national flag, emblem and anthem and portrait of President Ho Chi Minh in accordance with regulations of law;

dd) Provide for the organization of stage competitions and festivals and cultural activities; management of cultural activities, provision of cultural and recreational services in public areas;

e) Manage festival activities; provide guidelines for adopting a civilized lifestyle upon organization of weddings and funerals and establishing the movement “The entire country unites to build a cultural lifestyle”; take measures to prevent superstition, unsound customs and depraved cultural products which are contrary to fine traditions and customs, affect people’s health and damage ecology;

g) Formulate and propose the formulation of policies for preserving, upholding and developing cultural values of ethnic groups in Vietnam;

h) Direct, organize, inspect and supervise the implementation of the national culture policy.

14. Regarding literature:

a) Formulate, provide guidance and organize the implementation of the approved literary activity-related policies;

b) Provide guidance and organize the implementation and inspect literary activities;

c) Organize literature and art camps.

15. Regarding family affairs:

a) Provide guidance and organize the implementation of Vietnamese family development planning;

b) Provide guidance on the implementation of regulations of law on family affairs and domestic violence prevention and control;

c) Propagate information about lifestyles and behaviors in families;

d) Establish criteria for cultural families;

dd) Establish a database of family and domestic violence prevention and control; build and multiply the model of a happy and stable family.

16. Regarding mass physical training and sports:

a) Provide guidance and organize the implementation of the approved strategies, planning and programs for physical training and sports development;

b) Organize and provide guidance on recruitment of mass physical training and sports instructors and collaborators; disseminate and provide guidance on methods for physical training and sports; provide professional training for internal physical training and sports collaborators;

c) Conduct surveys on people’s physical health; provide guidance, apply and develop traditional sports and domestic and foreign traditional methods for health training;

d) Direct the organization of national mass sports games;

dd) Cooperate with the Ministry of Education and Training, Ministry of National Defense and Ministry of Public Security in providing guidance on physical education and sports in schools and physical training and sports in people's armed barracks;

e) Provide guidance on registration of operation by mass physical training and sports clubs and facilities and supporters' clubs.

17. Regarding high-achievement sports and professional sports:

a) Obtain the Prime Minister’s permission for organization of national sports games and regional, continental and world sports games;

b) Provide guidance and organize the implementation of the approved strategies, planning and programs for high-achievement sports and professional sports development;

c) Provide guidance and organize the implementation of regulations on provision of benefits for sports athletes, coaches and referees;

d) Grant permission for organization of regional, continental and world championships and junior championships of each sport held in Vietnam; annual national championships and national junior championships of each sport; prescribe the management of international sports held in Vietnam; approve rules of national sports games;

dd) Issue standards and provide guidance on awarding a rank to sports athletes, coaches and referees; recognize the rank awarded to Vietnamese sports athletes, coaches and referees by international sports organizations as prescribed by law.

e) Prescribe the management of transfer of athletes, recruitment of athletes to national sports teams; prescribe procedures for establishing national sports delegation and national sports team for each sport;

g) Provide guidance on designing sports athlete, coach and referee training programs;

h) Provide guidance on registration of operation by professional sports facilities.

18. Regarding tourism resources and tourism planning:

a) Provide guidance and organize survey, assessment and categorization of tourism resources;

b) Provide guidance and organize the implementation of the approved comprehensive planning for national tourism, tourism zone, key tourist area and national tourism area development.

19. Regarding tourism areas and tourist attractions:

a) Decide to recognize national tourism areas; request the Prime Minister to recognize national tourism areas located in at least 02 administrative units of provinces;

b) Provide guidance and inspect the categorization of tourist attractions and tourism areas;

c) Provide guidance on management of national tourism areas.

20. Regarding tourism business and tour guiding:

a) Manage and organize the issuance and revocation of licenses and other certificates concerning tourism activities within its power;

b) Provide guidance on the implementation of regulations of law on tour operator services, tourist accommodation and other tourism services;

c) Provide guidelines for conditions, procedures and applications for issuance, replacement, reissuance and revocation of tour operator licenses;

d) Provide guidelines for standards, procedures and applications for rating of a tourist accommodation establishment and revocation of the decision on rating of a tourist accommodation establishment;

dd) Organize the appraisal and rating of tourist accommodation establishments and inspection of quality of tourist accommodation establishments as prescribed by law;

e) Provide guidelines for standards and the specimen of the signboard which shows the provider of other tourism services has been already qualified for provision of services for tourists, and applications and procedures for recognition of the provider of other tourism services qualified for provision of services for tourists;

g) Provide guidelines for conditions, procedures and applications for issuance, replacement, reissuance and revocation of tour guide licenses.

21. Regarding tourism promotion:

a) Formulate and organize the implementation of domestic and foreign tourism promotion strategies, plans and programs; coordinate inter-regional and inter-local tourism promotion activities;

b) Provide foreign tourism authorities and regional and international tourism organizations with guidelines for establishing their representative offices in Vietnam;

c) Establish and provide guidelines for use, operation and management of nation tourism database;

22. Regarding international cooperation:

a) Request the Prime Minister to sign, ratify, approve or accede to international treaties on culture, family affairs, physical training, sports and tourism; participate in international organizations as assigned by the Government;

b) Conduct the negotiation of international treaties with the authorization of competent authorities; implement international treaties under the direction of the Prime Minister; sign and act on behalf of the Ministry to conduct the negotiation of international treaties as prescribed by law;

c) Sign, organize and inspect the execution of internationally aided programs and projects; decide to organize and grant permission for organizing international conferences and seminars on culture, family affairs, physical training, sports and tourism within its power as prescribed by law;

d) Request a competent authority to grant approval for establishment of foreign-based Vietnamese Cultural Centers and Vietnam-based foreign cultural establishments;

dd) Manage activities of foreign-based Vietnamese Cultural Centers and Vietnam-based foreign cultural establishments as prescribed by law;

e) Organize national and international events, fairs, seminars, exhibitions and programs on culture, family affairs, sports and tourism in order to introduce Vietnam's image, people, culture and arts.

23. Regarding human resource development and training

a) Within its power, provide guidance, inspect and assess the implementation of regulations of the law on provision of training for and development of human resources for culture, family affairs, physical training, sports and tourism.

b) Prepare, promulgate or propose the promulgation of legislative documents, strategies, planning, projects and plans for provision of training for and development of human resources for culture, family affairs, physical training, sports and tourism and polices for training, employing and providing benefits for arts and sports talent, providing allowances for lecturers, teachers, coaches and students of the institutions that provide training in culture, arts, sports and tourism, and provide guidelines, inspect and organize the implementation thereof.

24. Provide guidelines for implementation of the approved strategy for cultural industry development; directly organize the implementation of the strategy for cultural industry development in respect of the sectors under its management.

25. Perform state management of public services with respect to the fields and sectors under its management as prescribed by law.

26. Perform its duties and exercise its rights towards associations and non-governmental organizations engaging in the sectors and fields under its management as prescribed by law.

27. Issue licenses for import and export of commodities under its management as prescribed by law.

28. Decide to approve and organize the execution of investment projects on culture, family affairs, physical training, sports and tourism within its power.

29. Organize and direct the tasks of scientific research, application of scientific and technological advances, environmental protection and response to climate change with respect to culture, family affairs, physical training, sports and tourism as prescribed by law.

30. Exercise rights and responsibilities of a representative of owner’s state capital invested in partially state-owned enterprises and wholly state-owned enterprises under its management as prescribed by law.

31. Carry out inspections; receive citizens; settle complaints and denunciations; prevent and take actions against corruption; practice thrift, fight against waste and take actions against violations as prescribed by law.

32. Decide on and direct the execution of its administrative reform program according to the objectives and contents of the state administration reform program approved by the Government and Prime Minister; propose or decide on the distribution of state management power to the sectors and fields under its management.

33. Direct and provide guidelines for emulation and commendation with respect to culture, family affairs, physical training, sports and tourism.

34. Manage the organizational structure, payroll, officials, public officials and public employees; implement the regulations on salaries and policies on preferential treatment and condemnation and take disciplinary actions against officials, public employees and employees under its management as prescribed by law.

35. Manage financial sources and assigned assets as well as manage the use of allocated budget in accordance with regulations of law.

36. Perform other tasks as assigned by the Government or the Prime Minister and as prescribed by law.

Article 3. Organizational structure

1. Department of Personnel and Organization.

2. Department of Planning and Finance.

3. Department of Legal Affairs.

4. Department of Training.

5. Department of Emulation and Reward.

6. Department of Science, Technology and Environment.

7. Department of Library.

8. Department of Ethnic Culture.

9. Department of Families.

10. Ministry Office.

11. Ministry Inspectorate.

12. Department of Cultural Heritage.

13. Department of Performing Arts.

14. Cinema Department.

15. Copyright Office of Vietnam.

16. Department of Grassroots Culture.

17. International Cooperation Department.

18. Department of Fine Arts, Photography and Exhibition.

19. General Department of Physical Training and Sports.

20. General Department of Tourism.

21. Management Board of Vietnam National Village for Ethnic Culture and Tourism.

22. Vietnam National Institute of Culture and Arts Studies.

23. Culture Newspapers.

24. Culture and Arts Magazine.

25. Information Technology Center.

26. Management School of Culture, Sports and Tourism.

The units referred to in Clauses 1-21 of this Article shall assist the Minister of Culture, Sports and Tourism in performing the state management; the units referred to in Clauses 22-26 of this Article are administrative units serving the Ministry’s state management.

The Minister of Culture, Sports and Tourism shall be request the Prime Minister to issue a Decision on defining the functions, tasks, powers and organizational structure of the General Department of Physical Training and Sports, General Department of Tourism and Management Board of Vietnam National Village for Ethnic Culture and Tourism and promulgate the list of other public service providers affiliated to the Ministry of Culture, Sports and Tourism.

The Minister of Culture, Sports and Tourism shall define the functions, tasks, powers and organizational structures of its affiliated units, except the units prescribed in Clauses 19, 20 and 21 of this Article.

The Department of Science, Technology and Environment, Department of Personnel and Organization and Department of Legal Affairs consist of 03 divisions. The Department of Planning and Finance consist of 07 divisions. The Ministry Inspectorate consists of 05 divisions. The Ministry Office consists of 09 divisions.

The Department of Cultural Heritage, Cinema Department, International Cooperation Department and Department of Fine Arts, Photography and Exhibition consist of offices and 04 divisions.

The Department of Performing Arts consists of an office and 05 divisions.

The Copyright Office of Vietnam consists of an office and 06 divisions.

The Department of Grassroots Culture consists of an office and 08 divisions.

Article 4. Effect

1. This Decree comes into force from the day on which it is signed.

2. This Decree replaces the Government’s Decree No. 76/2013/ND-CP dated July 16, 2013 defining functions, tasks, powers and organizational structure of the Ministry of Culture, Sports and Tourism.

Article 5. Responsibility for implementation

The Minister of Culture, Sports and Tourism, Ministers, heads of ministerial agencies, heads of Governmental agencies and Presidents of People's Committees of provinces and central-affiliated cities are responsible for the implementation of this Decree./.