Organizing artistic performances: is permission required?

Performing arts activities involve creating artistic products in the form of text, sound, and images that are communicated directly or indirectly to the public via technical means, such as live performances or the distribution of audio and video recordings containing artistic content. (1) Currently, in Vietnam, numerous entities organize artistic performance programs, including music shows, coffeehouse performances, comedy acts, and other genres. 

So, what conditions must these organizations meet, and what permits must they obtain to organize performing arts activities? 

1. Types of Artistic Performance Organization(2)

  • Performances serving political missions or performances for the internal needs of agencies and organizations.
  • Performances were held at establishments offering tourism, entertainment, or dining services without selling tickets for artistic performances. 
  • Other forms of artistic performances not included in the above two categories. 
  • Non-public artistic performances posted on broadcasting systems, television, and online platforms, for which the poster or broadcaster bears responsibility. 

2. Conditions for Operation 

2.1 Performances serving political missions or performances for the internal (3)

Must notify the Provincial People’s Committee where the performance is organized at least 5 working days before the planned date of the performance. 

2.2 Performances at tourism, entertainment, or dining establishments without ticket sales (4)

Must notify the District People’s Committee where the performance is organized at least 5 working days before the planned date of the performance. 

2.3 Other forms of artistic performances (5)

Conditions for organizing these performances include: 

  • Being a public non-business unit with a function of artistic performance; an artistic performance association; or an organization/individual registered to conduct artistic performance activities according to the law. 
  • Ensuring conditions related to security, public order, safety, environment, health, and fire prevention and control according to the law. 
  • Submitting an application for approval from the competent state authority at least 7 working days before the planned date of the performance. Specifically: 
    • Submit an application to the Ministry of Culture, Sports, and Tourism for approval of performances organized as part of international cooperation by national-level artistic performance associations or public non-business units with the function of artistic performance at the central level. 
    • Submit an application to the Provincial People’s Committee for approval of performances held within the province’s jurisdiction not covered by the cases mentioned above. 

2.4 Non-public artistic performances 

Posted on broadcasting systems, television, or online platforms, where the poster or broadcaster is responsible for the content. 

3. Notes on Operation 

The competent state authority has the right to prohibit artistic performances if the content involves:(6)

  • Opposition to the Socialist Republic of Vietnam. 
  • Distorting history, independence, sovereignty, and territorial integrity of Vietnam; violating national security; denying revolutionary achievements; offending national leaders, heroes, and cultural figures; undermining national unity; offending religion, beliefs, and causing racial discrimination; infringing on the rights and interests of organizations or individuals. 
  • Inciting violence, propagating aggressive wars, fostering hatred between nations or peoples, or negatively affecting diplomatic relations. 
  • Using costumes, language, sounds, images, gestures, means of expression, or performance acts contrary to traditional customs and morals, negatively impacting public ethics, health, and social psychology.
  • Failing to notify or obtain approval from competent state authorities.
  • Reasons related to national defense, security, natural disasters, epidemics, or emergencies.
  • Violations may result in fines of up to 100,000,000 VND and suspension of activities for up to 24 months, depending on the offense.(7)

The above outlines the fundamental legal requirements for organizing artistic performances. As performances require approval from state authorities, it is essential for organizers to submit notifications/requests for permission at least 30 days before the planned performance date to avoid disrupting the performance schedule. 

(1) Article 2.1 of Decree No. 144/2020/ND-CP 

(2) Article 8 of Decree No. 144/2020/ND-CP 

(3) Article 9.1 of Decree No. 144/2020/ND-CP 

(4) Article 9.2 of Decree No. 144/2020/ND-CP 

(5) Article 10 of Decree No. 144/2020/ND-CP 

(6) Article 17 of Decree No. 144/2020/ND-CP 

(7) Article 11 of Decree No. 38/2021/ND-CP 

See more:

1/ Application for sub-licenses for chemical trading activities

2/ Some notes regarding cooperation agreements for establishing a business by Vietnamese investors abroad

3/ Establishment of a representative office of a foreign trade promotion organization in Vietnam

 


Disclaimers:

This article is for general information purposes only and is not intended to provide any legal advice for any particular case. The legal provisions referenced in the content are in effect at the time of publication but may have expired at the time you read the content. We therefore advise that you always consult a professional consultant before applying any content.

For issues related to the content or intellectual property rights of the article, please email cs@apolatlegal.vn.

Apolat Legal is a law firm in Vietnam with experience and capacity to provide consulting services related to Business and Investment  and contact our team of lawyers in Vietnam via email info@apolatlegal.com.

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