Update photography activities license in Vietnam under Decree 89/2023

On December 12, 2023, the Government issued Decree 89/2023/ND-CP amended Decree 72/2016/ND-CP on photographic activities and Decree 126/2018/ND-CP on the establishment and operation of foreign cultural establishments in Vietnam. So, what are the noteworthy points of this amended decree? Let’s explore with the Viet An Law Firm on update photography activities license in Vietnam under Decree 89/2023.

Information of Decree 89/2023/ND-CP on update photography activities license in Vietnam

• Number: 89/2023/ND-CP.
• Type of document: Decree.
• Issuing agency: Government.
• Issuance date: December 12, 2023.
• Effective date: December 12, 2023.
• Signer: Tran Hong Ha.

Points to note in Decree 89/2023/ND-CP on update photography activities license

Context of issuance

The enactment of this Decree aims to ensure the implementation of the following objectives:

• Implementation of Decision 1015/QD-TTg: This Decision approves the decentralization plan for administrative procedures under the management of the Ministry of Culture, Sports and Tourism.
• Implementation of Resolution 04/NQ-CP: This Resolution requires the promotion of decentralization and deconcentration in state management.
• Administrative procedure reform: Resolution 131/NQ-CP requires the promotion of administrative procedure reform and modernization of management methods to serve people and businesses.

With the issuance of Decree 89/2023/ND-CP, it is expected to overcome the limitations and shortcomings of previous regulations, contributing to the improvement of the legal system on photographic activities and foreign cultural establishments in Vietnam. In addition, the Decree is expected to contribute to creating a more favorable investment and business environment for Vietnamese agencies, organizations, and individuals, as well as foreign organizations and individuals participating in photographic activities in Vietnam. Thereby, creating conditions for these activities to develop healthily, contributing to promoting artistic creation, promoting the image of Vietnam and its people, and facilitating international cultural exchange.

The Decree is divided into 4 articles, clearly stipulating the basic contents of the amendment. Of which, the majority of the amended content is Decree 72/2016/ND-CP on photographic activities and Decree 126/2018/ND-CP on the establishment and operation of foreign cultural establishments in Vietnam.

Dossier of application for a license to exhibit photographic works in Vietnam from December 12, 2023

Dossier of application for a license to exhibit photographic works in Vietnam

The process of applying for a license to exhibit photographic works in Vietnam has been adjusted as follows:

An exhibition organizer shall hand-deliver or send by post or via electronic means 1 set of a dossier of application for a license to the competent state agency specified in Clause 4, Article 11 of Decree 72/2016/ND-CP, amended and supplemented by Decree 89/2023/ND-CP. A dossier of applications for a license must comprise:

• A written application for a license to organize a photo exhibition in Vietnam, made according to Form No. 01 provided in the Appendix to Decree 72/2026/ND-CP;
• A list of photographic works in Vietnamese (specifying the numerical order and name of works, name of authors, materials, sizes and quantity);
• To-be-exhibited photos with captions: Photos printed on paper with a minimum size of 13x18cm or recorded on CDs (for hand-delivery or submission by post), photos in JPG or PDF format (for electronic submission);
• In case a photo exhibition is organized in a venue other than an exhibition house, written approval from the owner of the venue where the exhibition will take place is required.
• For a nude photographic work that reveals the model’s identity, a written agreement between the photographer and the model regarding the content of the shooting and the time and scope of publication of the work is required.

Authority to grant licenses for exhibition of photographic works in Vietnam

According to Clause 5, Article 1 of Decree 89/2023/ND-CP amended and supplemented Clause 4, Article 11 of Decree 72/2016/ND-CP, the licensing authority belongs to:

The Ministry of Culture, Sports and Tourism:

• Photography exhibitions on a national or multinational scale
• Photography exhibitions on a national scale or of ministries or central departments, sectors or mass organizations;
• Photography exhibitions held in 2 or more provinces and cities;
• Photography exhibitions organized by international organizations or foreign organizations representing a country or with coordination of many countries

Provincial-level Departments of Culture, Sports and Tourism/Provincial-level Departments of Culture and Sports shall grant licenses to organize photo exhibitions in Vietnam for exhibitions of photographic works not covered by the above regulations.

Responsibilities of organizations and individuals engaged in photographic activities

When engaging in photographic activities, organizations and individuals shall have the following responsibilities as stipulated in Articles 5 of Decree 72/2016/ND-CP:

• Not to conduct propagation activities against the State of the Socialist Republic of Vietnam; not to undermine the national unity block.
• Not to disclose secrets of the Party and the State, military, security, economic and external affair secrets, personal secrets and other secrets as prescribed by law.
• Not to incite aggressive wars or sow hatred among nationalities and peoples of countries; not to spread reactionary ideas.
• Not to modify or join photographic works, consequently falsifying the contents of images in order to distort history and deny revolutionary achievements; not to offend great personalities, national heroes, leaders and cultural celebrities; not to slander or hurt the prestige of agencies or organizations or honor and dignity of individuals.
• Not to violate regulations on civilized lifestyle, fine customs and practices, security and order; not to propagate violence, crimes or social evils that harm the health or destroy the eco-environment; not to violate other laws.
• Not to buy, sell, use or disseminate photographic works which violate law or for which a competent state agency has issued a decision on termination of circulation, ban on circulation, withdrawal, confiscation or destruction.
• To comply with the law on author’s rights and related rights, and personal rights to images.
• To organize photography exhibitions according to the contents of their licenses.

Transitional provisions

Licenses to organize photo exhibitions and certificates of establishment and operation of branches of Vietnam-based foreign cultural institutions granted by competent state agencies before the effective date of this Decree shall remain valid until the expiration dates specified therein;

For cases where dossiers of application for licenses to organize photo exhibitions or certificates of establishment and operation of branches of Vietnam-based foreign cultural institutions are submitted before the effective date of this Decree but licenses or certificates have not been granted, the Government’s Decree 72/2016/ND-CP and Decree 126/2018/ND-CP, shall further apply.

If you need advice on legal regulations on some update photography activities license in Vietnam under Decree 89/2023, related regulations and amended decrees, please contact Viet An Law Firm for the best support.

Updated: 4/2024