Hanoi Department of Culture and Sports sued for honor compensation of 1,000 VND

VietArt demands 1,000 VND in honor compensation

On August 1, the Hanoi People's Court held the first-instance trial of administrative case No. 225/2022/TLHS-HC between the plaintiff, Vietart Media Joint Stock Company (Vietart), and the defendant, the Hanoi Department of Culture and Sports (VH&TT).

After one postponement, at this first instance trial, the Hanoi Department of Culture and Sports continued to request a trial in absentia.

VietArt participated in the debate and answered questions at the trial.

At court, Vietart's representative said that during the process of handling the application for organizing the art performance program "Southern Star, No. 10: The Opera "The Drum of Me Linh", the Hanoi Department of Culture and Sports prolonged the time to handle administrative procedures and arbitrarily requested additional documents and papers beyond the provisions of the law, specifically the provisions of Decree 144/2020/ND-CP of the Government.

This causes inconvenience and difficulty for organizations and individuals when carrying out administrative procedures.

According to this unit, the Department then requested VietArt to change the rehearsal date from October 15, 2022 to October 12, 2022 (ie 3 days earlier than the program's date).

According to VietArt, this rehearsal time was difficult because on the morning of October 12, at the same performance venue, there was a rehearsal for the music night "Memory Land" by musician Phu Quang, so VietArt did not have enough time to set up the stage within one afternoon.

Besides, pushing the rehearsal time up a few days means that many costs will increase a lot, from airfare, accommodation for the artists, backstage costs, equipment that must be rented earlier...

After many discussions and direct recommendations with the leaders of the Hanoi Department of Culture and Sports, VietArt was approved to propose a general rehearsal on the afternoon of October 15, 2022, which is before the program takes place in the evening.

Another reason why VietArt decided to sue the Hanoi Department of Culture and Sports is because this agency issued a licensing document only 9 days before the program took place, so this unit did not have time to submit the notification file for advertising products on billboards and banners to the competent authority because according to Article 29 of the 2012 Advertising Law, the file must be submitted 15 days before the advertising date.

Meanwhile, for traditional performing arts programs, advertising on billboards and street banners is the most effective advertising medium.

According to VietArt, therefore, only about 200 tickets were sold for the program "Tieng Trong Me Linh" on the evening of October 15 and 16, 2022, while the total number of tickets issued for both nights was 1,100 tickets.

Therefore, VietArt filed a lawsuit demanding compensation for damages of more than 1 billion VND.

At the trial on August 1, VietArt’s representative changed the request for compensation for damages. Accordingly, VietArt requested the Hanoi Department of Culture and Sports to compensate for damages caused by illegal administrative decisions and administrative acts of more than 672 million VND.

At the same time, this enterprise requested the Department to compensate for damage to honor worth... 1,000 VND.

Argument of Hanoi Department of Culture and Sports

Because they did not appear in court, the Hanoi Department of Culture and Sports sent a statement to the court stating that initially, VietArt's application submitted on August 5, 2022 was valid.

Artists Ngoc Huyen, Kim Tu Long and Huu Chau (from left to right) in the play "The Drum of Me Linh".

On June 17, 2022, the Vietnam Center for Music Copyright Protection sent a dispatch to the Department requesting to perform copyright obligations for the program "Music Night: Your Shape", clearly stating the request for VietArt to perform the obligation to request permission and pay for copyright use when using musical works to perform in the program "Music Night: Your Shape" in accordance with the provisions of law".

Realizing that the program "Southern Star No. 10: The Opera Play "Tieng Trong Me Linh", VietArt has not yet asked for permission and has not received permission from the copyright owner, the Hanoi Department of Culture and Sports has requested VietArt to comply with the provisions of the law on copyright and related rights, and provide a written consent from the owner of the opera "Tieng Trong Me Linh".

This request, according to the Hanoi Department of Culture and Sports, is necessary and in accordance with the provisions of the law.

Regarding the time for reviewing the performance program, the written opinion of the Hanoi Department of Culture and Sports stated: Currently, there is no regulation on how many days before the performance date the program must be reviewed.

Regarding Vietart's request for compensation, the Department of Culture and Sports did not accept.

Presenting the viewpoint on resolving the case, the representative of the People's Procuracy (VKS) said that the procedures for issuing documents of the Hanoi Department of Culture and Sports were in accordance with the regulations on competent procedures.

Regarding the rehearsal time, the Procuracy believes that this time ensures the rights of Vietart company and demonstrates the responsibility of the state agency, does not cause trouble for businesses, and Vietart's claim that there is a change in the time and location of the rehearsal causing difficulties is unfounded.

Therefore, the People's Procuracy proposed that the Trial Panel not accept the lawsuit request of Vietart Company.

The Trial Panel said it will deliberate and announce the verdict on the case tomorrow afternoon (August 2).

Source: http://www.baogiaothong.vn/so-van-hoa-the-thao-ha-noi-bi-kien-doi-boi-thuong-danh-du-1000-dong-d599241.html