Quyết định 10/2000/QD-BVHTT

DECISION

ISSUING THE REGULATION ON FINE ARTS EXHIBITION AND GALLERY ACTIVITIES

THE MINISTER OF CULTURE AND INFORMATION

Pursuant to Decree No. 81/CP of November 8, 1993 of the Government providing for the functions, tasks, powers and apparatus of the Ministry of Culture and Information;
At the proposal of the Director of the Fine Arts Department,

DECIDES:

Article 1.- To issue together with this Decision:

- The Regulation on fine arts exhibition and gallery activities

- Form of application for permit and form of permit (not printed herein).

Article 2.- This Decision takes effect 15 days after its signing. The Regulation on fine arts exhibition and gallery activities issued together with Decision No.03/1999/QD-BVHTT of February 2, 1999 of the Ministry of Culture and Information shall cease to be effective after this Decision takes effect.

Article 3.- The Director of the Office of the Ministry, the Director of the Fine Arts Department, the Chief Inspector of the Ministry, the directors of the provincial/municipal Culture and Information Services and related organizations and individuals shall have to implement this Decision.

REGULATION

ON FINE ARTS EXHIBITION AND GALLERY ACTIVITIES
(issued together with Decision No.10/2000/QD-BVHTT of May 15, 2000 of the Minister of Culture and Information)

Chapter I

GENERAL PROVISIONS

Article 1.- Fine arts exhibition is a form of publication and popularization of plastic art works and applied arts (including paintings of various types, statues, reliefs, artistic ceramics, interior decoration designs, stage decoration designs, cinematographic decoration designs, posters, installation art and other forms of art creation).

Mass produced handicrafts and art-craft articles of consumer goods character are not regulated by this Regulation.

Article 2.- The State encourages the wide popularization of valuable art works to the people.

Article 3.- Fine-arts exhibitions organized in Vietnam by Vietnamese organizations and individuals or foreign organizations and individuals, and fine-arts exhibitions of Vietnam taken abroad must get the permission of the State managing agencies in culture and information as defined in Article 6 of this Regulation.

The exhibitions by fine-arts schools and art and culture schools and exhibitions of an internal character shall not have to obtain permission.

Article 4.- The following types of work are not allowed to be exhibited, sold or bought:

1. Works with contents:

a/ Opposing the State of the Socialist Republic of Vietnam; or undermining the solidarity bloc of the entire people;

b/ Making propaganda for violence or war of aggression, sowing hatred among nations and the people of different countries; propagating reactionary ideas and cultures and the lewd and depraved lifestyle, criminal acts, social evils, superstition, sabotaging the fine customs and practices.

c/ Disclosing secrets of the Party and the State, military, security, economic and foreign affairs secrets, secrets of private life of citizens and other secrets stipulated by law;

d/ Distorting history, negating the achievements of the revolution, denigrating legendary persons and heroes and heroines of the nation, slandering or harming the prestige of organizations, and the honor and dignity of citizens.

2. Violating the legislation on copyright.

Article 5.- Unless they are authorized by the Ministry of Culture and Information, the exhibitions of which the exhibits are selected by Vietnamese organizations and individuals or foreign organizations and individuals must not use the capacity of representative of Vietnamese fine-arts when they are held in Vietnam or taken abroad.

Chapter II

COMPETENCE IN ISSUING PERMIT, AND PROCEDURE FOR APPLYING FOR PERMIT TO CONDUCT EXHIBITION ACTIVITIES

Article 6.- The competence in issuing permits for exhibitions are provided as follows:

1. The Ministry of Culture and Information shall issue permits to:

Exhibitions of a national or international character. In a number of specific cases, the Ministry of Culture and Information may authorize the Fine Arts Department to issue permits.

2. The Fine Arts Department shall issue permits to:

a/ Exhibitions authorized by the Ministry of Culture and Information as stipulated in Clause 1 of this Article.

b/ Exhibitions held in Vietnam by foreign organizations and individuals, and exhibitions taken abroad by Vietnamese organizations and individuals. In a number of cases, the Fine Arts Department may authorize the provincial/municipal Culture and Information Services to issue permits.

c/ Exhibitions held by the Vietnam Fine Arts Association, other central associations, ministerial- and equivalent-level agencies.

3. The provincial/municipal Culture and Information Services shall issue permits to:

a/ Exhibitions held by organizations and individuals, fine-arts exhibitions of provinces and cities, regional fine-arts exhibitions held in the localities.

b/ Exhibitions defined at Points b and c, Clause 2 of this Article, if authorized by the Fine Arts Department.

4. Within 10 days after receiving complete and valid documents, the permit-issuing competent agency shall have to issue permits. In case of refusal, there must be a written document stating the reason therefor.

Article 7.- The permit issued to fine-arts exhibitions to be held abroad shall be the basis for filling in the customs procedures.

Article 8.-

1. Organizations and individuals that wish to organize the exhibition must select the works, send an application (according to the set form) or an official dispatch or diplomatic note asking for permission from the agency with competence to issue permits stipulated in Article 6 of this Regulation. Enclosed with an application or official dispatch or diplomatic note must be the following:

a/ List of works, authors, material and size of the works.

b/ Photos of the works to be exhibited (Color photo size 9 x 12 cm or larger) are compulsory for the following cases:

- Exhibition to be sent abroad for display.

- Exhibition by foreign author(s) or selected by foreign organization(s) for display in Vietnam.

- Exhibition in the form of installation or performing art.

For other exhibitions, the photos of works are not necessary if provided with minutes of selection by the Art Council. In special cases, where the exhibition is not in a position to photograph the works nor establish the Selection Council, the agency with competence to issue permits shall send specialized workers for evaluation;

c/ The form of the invitation and the introduction must be written in Vietnamese. If the print is in a foreign language, it must be printed underneath and not bigger than twice the size of the Vietnamese language version.

d/ A catalogue or brochures and an fine-arts book to represent the content of the exhibition (if any);

2. In addition to the stipulations in Clause 1 of this Article, depending on specific objects, the following conditions may be required:

a/Exhibitions taken abroad must have an invitation or a contract or a written agreement between the two sides;

b/ In cases where the individual applicant does not belong to any organization, agency or mass organization, he/she must get the certification of his/her place of residence by the People�s Committee of the ward or commune;

c/ For overseas Vietnamese, there must be certification by the Committee for Overseas Vietnamese;

d/ For foreigners who do not belong to any agency, organization or mass organization, and no unit assumes responsibility for organizing the exhibition, the application must be certified by the Embassy or Consulate of the country of their residence. If the individual who organizes the exhibition is a citizen of a country which has not established diplomatic relations with Vietnam, there must be certification by an international organization.

Article 9.- The evaluation of the works and issuance of the permit shall be decided by the head of the permit-issuing agency.

When necessary, the permit-issuing agency may set up a Consulting Board to help the head of the agency evaluate the works. In this case, two thirds of the Consulting Board shall be composed of prestigious fine-acts experts. The board must be composed of at least five persons.

Article 10.- The organization or individual may protest against the decision of the permit-issuing agency as stipulated by the legislation on complaints and denunciations.

Chapter III

EXHIBITION ACTIVITIES

Article 11.- The site of exhibition must cover at least 20 sqm and be provided with enough light, electricity, water and fire fighting devices and must not affect traffic order and safety.

Article 12.- The owner of the exhibition site can display only works on the list mentioned in the permit.

All forms of propaganda, advertisement and introduction at the exhibition must be in Vietnamese language. If foreign language(s) are used, they must be written underneath and not bigger than twice the Vietnamese language version.

Article 13.- The purchase and sale of works shall be agreed upon between the author or the unit authorized by the author and the purchaser. When selling a work, the author shall have to pay a percentage as agreed upon with the unit organizing the exhibition.

Payment to the author or the owner of the work during the exhibition (suspended royalties) shall be agreed upon between the unit organizing the exhibition and the author or the owner of the work.

During the exhibition, transportation and disposition of the exhibition, if the works are damaged, the organization or individual that has caused the damage shall have to make compensation therefor. If the works are lost, they have to compensate the author or owner of the work as agreed between the two sides.

Chapter IV

GALLERY ACTIVITIES

Article 14.- The gallery which organizes the exhibition must abide by the provisions on exhibitions stipulated in this Regulation.

Article 15.- The galleries are strictly forbidden to display, purchase or sell antiques banned from trading as currently prescribed by the State. In the trading of imitations the imitations must have a size at least 3 cm bigger or smaller than the originals, must strictly keep to the content and form of the original, must bear the signature of the imitator below the signature of the author. For the originals which are still in the time-limit of copyright protection, the imitations of these works must comply with the provisions of the legislation on copyright.

Article 16.- The purchase and sale of works at the galleries must be clearly recorded in books, receipts and other vouchers in order to ensure the interests of the author and the purchaser. If exported, the works must be subject to stipulations on the exportation of cultural works.

Article 17.- The gallery owner shall have to pay compensations to the author if the works are lost or damaged. The level of compensation shall be agreed upon between the two sides.

Article 18.- The gallery owner shall have to submit to the management by the specialized branches as currently prescribed.

Chapter V

IMPLEMENTATION PROVISIONS

Article 19.- All organizations and individuals engaged in exhibition and gallery activities shall have to strictly implement this Regulation when organizing fine art exhibitions in the country or abroad.

Article 20.- An organization or individual that violates this Regulation shall be administratively sanctioned or examined for penal liabilities as currently prescribed.

Article 21.- The Fine Arts Department (the Ministry of Culture and Information), the Culture and Information Services in the provinces and cities and related agencies shall have to implement this Regulation.

Article 22.- This Regulation takes effect 15 days after its signing. The Regulation on fine art exhibition and gallery activities issued together with Decision No. 03/1999/QD-BVHTT of February 2, 1999 of the Ministry of Culture and Information shall cease to be effective from the effective date of this Regulation.