Currently, street art performances have become a popular trend in Vietnam. In public spaces such as parks, walking streets and food courts, it is not difficult to see artists, individually or in groups, showing off their talents, mainly through singing performances. These activities not only create a lively atmosphere but also bring rich cultural experiences to locals and tourists. However, Do street music performances without tickets require a permit?. Please follow the article of VCD below.
1. What is a ticketless street music performance?
According to Article 2 of Decree 144/2020, performing arts activities are defined as activities that create artistic products in the form of text, sound, and images to communicate directly or indirectly through technical means to the public in the form of performing arts, circulating audio and video recordings with performing arts content.
At the same time, Clause 3 of this Article stipulates that performing arts include: theater, music, dance, and folk performance forms from traditional to modern in Vietnam and the world.
Street music performance is an artistic activity where artists demonstrate their musical talents in public spaces such as streets, parks, or squares, often free of charge to the audience. This activity allows artists to interact directly with the public, expressing a variety of musical genres.
Accordingly, Street Music Performances without Tickets are artistic activities in which artists perform music publicly at public places without charging an entrance fee. The audience can enjoy it for free, and artists often interact directly with the public.
2. Do street music performances without tickets require permission?
Clause 4, Article 3 of Decree 144/2020 stipulates prohibitions in performing arts activities as follows:
1. Opposing the Socialist Republic of Vietnam.
2. Distorting the history, independence, sovereignty and territorial integrity of the Socialist Republic of Vietnam; violating national security; denying revolutionary achievements; insulting leaders, national heroes, and celebrities; undermining the great national unity bloc; insulting beliefs and religions; racial discrimination; infringing upon the legitimate rights and interests of organizations and individuals.
3. Inciting violence, propagating wars of aggression, causing hatred between nations and peoples of countries, negatively affecting foreign relations. 4. Using costumes, words, sounds, images, movements, means of expression, forms of performance of behavior that are contrary to the nation’s traditions and customs, negatively affecting morality, public health and social psychology.
Accordingly, the use of costumes, words, sounds, images, movements, means of expression, forms of performance, and acts that are contrary to the nation’s fine customs and traditions, negatively impacting morality, public health, and social psychology are prohibited acts in performing arts programs.
At the same time, Clause 2, Article 9 of Decree 144/2020 stipulates the notification of organizing performing arts as follows:
1. Agencies and organizations carrying out activities specified in Clause 1, Article 8 of this Decree shall notify the state agency specified in Clause 3 of this Article before organizing. The head is responsible for implementation according to the approved plan.
2. Business establishments carrying out activities specified in Clause 2, Article 8 of this Decree shall notify the state agency specified in Point b, Clause 3 of this Article before organizing.
3. Notification receiving agency:
a) The People’s Committee of the province where the performance is organized receives notifications from agencies and units under central ministries, departments, branches, central agencies of political organizations, socio-political organizations, social organizations, socio-professional organizations, economic organizations;
b) The People’s Committee of the district where the performance is organized receives notifications from other organizations and individuals.
4. Procedure for receiving notifications:
Agencies, organizations and individuals send written notifications (according to Form No. 01 in the Appendix issued with this Decree) directly; by post or online to the notification receiving agency at least 05 working days before the expected date of the art performance.
Therefore, business establishments organizing art performances for tourism, entertainment, recreation, restaurants that do not sell tickets to art performances must still notify the People’s Committee of the district where the performance is organized.
In terms of Intellectual Property, musical works are one of the types of works protected by copyright. Accordingly, the Law on Intellectual Property stipulates that performers of musical works do not have to ask for permission and pay remuneration to the copyright owner when performing in cultural activities or propaganda activities without collecting money in any form. On the contrary, in cases of performing for commercial purposes, they must ask for permission and pay remuneration to the copyright owner. Therefore, when performing musical works, performers must also pay attention to issues related to copyright to avoid infringement of the copyright of the owner of that work. In fact, performing in public places often requires permission if the purpose of the performance is really for charity or public service, then it is normal to go through the local Department of Culture and Sports to organize it. Even free weekend performances in front of the Ho Chi Minh City Opera House must also be licensed by the Department of Culture and Sports of Ho Chi Minh City – the place under the management of the center.
VCD believes that requesting permission to perform street music, even when not selling tickets, is necessary to comply with local laws. This helps ensure the safety of both artists and audiences, while managing public order. In addition, requesting permission also minimizes conflicts with other activities in the area and shows respect for the community and other artists. Furthermore, having a license can help you receive support from the authorities in promoting the event, creating conditions for artistic activities to take place smoothly and sustainably.
