What problem was Decree 110/2018/ND-CP issued to address?
Decree 110/2018/ND-CP, issued by the Government on 30 August 2018, is the most important current legal document governing the management and organisation of festivals in Vietnam. The Ministry of Culture, Sports and Tourism describes it as a key legal corridor for regulating festival management and organisation, replacing earlier provisions that were scattered and lagged behind the explosive growth of festival activity.
The decree was born in a period when festivals in many localities expanded rapidly in scale but displayed numerous distortions: pushing and shoving, exchanging money at a markup inside heritage sites, widespread burning of votive paper, offensive ritual performances, commercialisation of festivals, and exploitation of festivals for profit. Decree 110 was designed to create a unified legal framework that both protects the traditional values of festivals and ensures security, order, social safety, and environmental hygiene throughout the festival period.
What are the principles for organising festivals under Decree 110?
The decree states that festivals are held to educate people about patriotic traditions, national pride, and the moral principle of "when drinking water, remember its source", honouring the merits of ancestors, historical figures, and those who contributed greatly to the formation and development of the country. Festivals also serve as a channel to promote the historical, cultural, and architectural values of heritage sites and the fine traditions of the festival.
In terms of method, festivals must be organised solemnly, practically, and effectively, in line with their scale and content; traditional festivals must be held in accordance with their true nature and historical and cultural significance. The decree also directs a reduction in the frequency and duration of cultural festivals.
For rituals, the requirement is solemnity and respect for tradition, with no rituals involving violence or offensiveness, contrary to the peace-loving and humane traditions of the Vietnamese people. The decree emphasises educating and guiding people toward noble behaviours, attitudes, and awareness, and eliminating the tendency to pursue material gain, greed, and personal interests. Alongside this is the requirement to protect heritage sites and scenic landscapes, ensure security, order, social safety, fire prevention, traffic safety, and environmental hygiene.
A notable point is the decree's provision that festival organisation must not be exploited for personal gain or group interests; no organisation or individual may be forced to contribute funds for organising a festival; the use of the state budget is limited and socialisation of resources for festival organisation is promoted; and thrift must be practised while waste is combated.
Which festivals must be registered, and with which authority?
Under Decree 110, registration procedures are tiered according to the management level and nature of the festival. This is a prior control mechanism that helps state authorities know the organisation plan and intervene promptly when necessary.
| Registration level | Types of festivals subject to registration |
|---|---|
| Ministry of Culture, Sports and Tourism | Cultural festivals and craft festivals organised by central agencies (national level) for the first time; festivals involving two or more provinces (regional level) held for the first time; festivals of foreign origin held for the first time or restored after an interruption of two years or more |
| Provincial People's Committee | Traditional festivals, cultural festivals, and craft festivals at provincial level held for the first time or restored after an interruption of two years or more; festivals involving multiple districts within one province |
| District People's Committee | Traditional festivals, cultural festivals, and craft festivals at district level held for the first time or restored after an interruption of two years or more; festivals involving multiple communes within one district; commune-level festivals held for the first time or restored after an interruption of two years or more; traditional festivals at district or commune level held annually but with changes in organisation method, content, or location compared with tradition |
This tiering reflects the principle of decentralised management tied to the responsibility of the head of each authority: the level that manages the area and scale of the festival receives the registration and is responsible for supervision. For traditional festivals held annually and stably without changes from tradition, procedures may be lighter, but when there are changes in method, content, or location, re-registration is required.
When can a festival be suspended?
The authority that receives the registration or notification has the right to request in writing the suspension of a festival in four groups of cases clearly set out in the decree.
First, the festival is organised in deviation from its content and values. Second, the festival causes a loss of security, order, or social safety, violates regulations on traffic safety or environmental protection with serious consequences, or causes fire, explosion, or death. Third, natural disasters or epidemics adversely affect social life in the locality. Fourth, there are activities spreading or propagating information, documents, or items with fabricated content about the heritage values or traditions of the festival, causing public confusion.
The provision of suspension rights shows that the decree not only sets out administrative procedures but also establishes a mechanism for handling situations. This is a balance between the community's right to organise festivals and the responsibility to protect the common interest, especially in emergencies such as epidemics or serious accidents.
What responsibilities do festival attendees have?
Festival attendees must strictly comply with legal regulations and the rules on civilised conduct at festivals. Specifically, the decree requires civilised behaviour during festival activities; polite clothing appropriate to the fine customs and traditions of the Vietnamese people; and no vulgar language or swearing that offends spirituality or harms the solemn atmosphere of the festival.
Prohibited or restricted acts include: burning incense or votive paper outside designated areas; pushing and shoving that disrupts security and order; failing to keep the environment clean; organising or participating in superstitious activities, gambling, and other unlawful acts; and exchanging money at a markup within heritage or festival areas.
For officials, public employees, and workers, the decree adds further requirements: not attending festivals during working hours; not using official vehicles or public means (or hired vehicles) to attend festivals, except for those who are part of the festival organising committee or assigned to perform duties.
Why is Decree 110 seen as a step forward in management decentralisation?
According to analysis by the Ministry of Culture, Sports and Tourism, festival management and organisation in the spirit of Decree 110 emphasises decentralised management and the responsibility of the head of each authority. This mechanism shifts the approach from centralised, administrative management to assigning specific responsibility to local authorities and the heads of agencies and units organising festivals.
The decentralised approach has clear practical significance. First, it shortens procedural processing time because a festival at any level is registered at that level. Second, it ties authority to responsibility: the locality that receives the registration is also the one directly supervising, handling violations, and answering to higher authorities if problems occur. Third, it enables local communities to proactively preserve and promote their traditional festivals, rather than depending entirely on central agencies.
However, decentralisation also poses challenges regarding capacity and consistency in enforcement. If localities loosen or interpret the same regulation differently, management effectiveness may be uneven. This is why the decree retains the guiding, inspecting, and examining role of the Ministry of Culture, Sports and Tourism for large-scale festivals or those with foreign elements.
Some points to note in practical application
In practice, applying Decree 110 requires coordination among many actors: festival organising committees, local authorities at all levels, police, health, and traffic forces, and the resident community. Organising committees are responsible for building plans, registering or notifying the correct authority, deploying forces to ensure security and order, and guiding people to follow civilised conduct. Local authorities are responsible for appraising content, supervising the organisation process, and promptly handling arising issues.
For the public, understanding their rights and responsibilities helps limit unintentional violations. For example, exchanging small change inside heritage sites to profit from the markup is prohibited by the decree, even though many may see it as a minor habit. Similarly, pushing and shoving to grab offerings or a standing spot not only disrupts order but also carries the risk of crowd accidents.
It should be noted that the provisions of Decree 110 are designed to protect traditional festivals, not to restrict community cultural life. Registration, notification, and supervision are tools to ensure festivals take place in accordance with their true nature and historical and cultural significance, while eliminating distortions that could erode traditional values.
Conclusion
Decree 110/2018/ND-CP creates a relatively comprehensive legal framework for festival activities, from organising principles, tiered registration procedures, and suspension rights to the specific responsibilities of attendees. The core of the decree is the balance between preserving traditional values and ensuring security, order, social safety, and environmental hygiene, while combating commercialisation and profiteering in festivals. Understanding and properly implementing these provisions is the shared responsibility of organising agencies, local authorities, and every citizen participating in festivals.
