DECREE

ON STRENGTHENING THE MANAGE- MENT OF CULTURAL ACTIVITIES AND CULTURAL SERVICES AND PROMOTING THE FIGHT AGAINST A NUMBER OF SERIOUS SOCIAL EVILS

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;
In order to achieve the objective of eliminating the culture with noxious contents and a number of serious social evils, make healthy the cultural activities in the public places, defend and develop the cultural identity and the tradition of morality of the nation, and step up the economic and social development of the country;
At the proposal of the Minister of Culture and Information, the Minister of the Interior, the Minister of Justice, the Minister of Labor, War Invalids and Social Affairs, the Minister of Trade, the Minister of Health, and the General Director of the General Tourist Department,

DECREES:

Article 1.- To issue together with this Decree:

1. "The Regulation on the circulation of and business activities in films, video tapes and discs, music tapes and discs; sale and renting of printed matters; cultural activities and cultural services at public places; advertisements, writing and setting up of signboards";

2. "Prescriptions of urgent measures to fight against a number of serious social evils".

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1. The State agencies, economic organizations, social organizations, armed forces units and all individuals shall have to seriously implement the regulations of law on checking, preventing and fighting against noxious culture and social evils already promulgated, and the Regulation and Prescriptions issued together with this Decree.

2. The foreign organizations and individuals residing or operating on Vietnamese territory have the duty to seriously implement the regulations on cultural and social activities of the Vietnamese State.

3. The heads of the administration at all levels of the State agencies, the economic and social organizations shall take responsibility before law for the cultural activities and cultural services and the prevention and fight against social evils under their managerial assignment.

4. The organizations and individuals who commit violations in the cultural activities and cultural services and in the prevention and fight against social evils shall be dealt with strictly under the law.

The organizations and individuals who make meritorious contributions to the detection and fight and prevention of the violations shall be appropriately commended and rewarded.

Article 3.- The Minister of Culture and Information, the Minister of Labor, War Invalids and Social Affairs, the Minister of the Interior, the Minister of Justice, the Minister of Trade, the Minister of Health, the General Director of the General Tourist Department shall have to guide the implementation of the Regulation and Prescriptions issued together with this Decree.

Article 4.- This Decree takes effect on the date of its promulgation. The Ministers, the Heads of ministerial-level agencies, the Heads of the agencies attached to the Government, the Presidents of the People's Committees of the provinces and cities directly under the Central Government shall have to implement this Decree.

The earlier regulations of the Government which are contrary to this Decree are now annulled.

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ON BEHALF OF THE GOVERNMENT
THE PRIME MINISTER




Vo Van Kiet

REGULATION

ON THE CIRCU- LATION OF AND BUSINESS ACTIVI- TIES IN FILMS, VIDEO TAPES AND DISCS, MUSIC TAPES AND DISCS, SALE AND RENTING OF PRINTED MATTERS; CULTURAL ACTIVITIES AND CULTURAL SERVICES AT PUBLIC PLACES; ADVERTISEMENTS, WRITING AND SETTING UP OF SIGNBOARDS

(issued together with Decree No.87-CP of December 12,1995).

Chapter I

GENERAL PROVISIONS

Article 1.-

1. The cultural activities defined at this Regulation must aim to build an advanced culture imbued with the national character; educate the population about a healthy lifestyle and a cultured behavior; inherit and develop the tradition of humanism, loyal friendship and the fine customs and habits; raise the aesthetic knowledge and level of the people, check the invasion of cultural products with noxious contents, and enrich the spiritual life of society, contribute to promoting the cause of renewal.

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Article 2.- All State agencies, economic organi- zations, social organizations, armed force units and citizens of Vietnam; all foreign organizations and individuals in Vietnam must seriously observe the provisions of this Regulation. Any organization or individual who violates this Regulation shall be dealt with strictly, the penalties must be handed to the right offender, for the right offense and in strict compliance with the provisions of law.

Article 3.- The dissemination of the cultural products and the organization of cultural activities defined in this Regulation which have a depraved and pornographic content, which incite violence and crime and sabotage the fine customs and habits of Vietnam are strictly prohibited.

1. The cultural products and cultural activities having a depraved and pornographic content are products and activities containing pictures, language, sounds and acts appealing to and inciting sexuality, debauchery, immorality and incest, and which run counter to the tradition of morality and the fine customs of the nation.

2. The cultural products and activities having a content inciting violence are products and activities in which there are images, language, sounds and acts depicting scenes of barbarous beatings and killings and other acts offending human dignity and encouraging violence and cruelty, and which are not aimed at denouncing crime nor defending justice, thus contravening the tradition of peace loving and humanism of the nation.

Chapter II

CIRCULATION OF AND BUSINESS ACTIVITIES IN FILMS AND VIDEO TAPES AND DISCS

Article 4.-

1. The circulation of and the business activities in films and video tapes and discs must abide by the provisions of Decree No.48-CP of July 17, 1995 of the Government concerning the cinematographic organization and activities and the stipulations in this Regulation .

2. The video tapes and discs stipulated in this Regulation comprise video tapes and discs and computer discs for the recording of feature films, documentary-scientific films, text books, educational programs, foreign language teaching programs, animated cartoons, theater, sports, karaoke, and fashion. All video discs either produced in the country or imported must get the permission of the authorized State managerial agency before they can be widely circulated according to the following concrete stipulations:

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b/ The Ministry of Culture and Information shall censure and issue permit for circulation of video tapes and discs and feature films produced or imported by different units in the country, and video discs of various types produced by the film studios under the Ministry of Culture and Information.

3. The video discs used as books or in conjunction with books issued by the publishing houses shall comply with the regulations of the Law on Publication.

4. The broadcasting of video tapes and discs on the television stations shall comply with the provisions of the Press Law and the stipulations at Section 4, Chapter III of Decree No.48-CP of July 17, 1995 of the Government .

5. The video tapes and discs which have got permission for circulation must be stuck with a control label (hereafter referred to as label). The issue and sticking of the labels on video tapes and discs shall be defined by the Ministry of Culture and Information.

Article 5.-

1.-The following units are allowed to duplicate the video tapes and discs under their copyright for business purpose:

a/ The establishments for production and distribution of films and video tapes and discs.

b/ The publishing houses producing video tapes in the place of books or in conjunction with books.

2. The conditions and procedures for the issue of permits for reproduction of video tapes and discs for business purpose shall be defined by the Ministry of Culture and Information.

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Article 6.-

1. The units which reproduce video tapes and discs for business purpose shall be allowed to reproduce the tapes and discs which have already got permission for circulation.

2. The units reproducing video tapes and discs are not allowed to undertake the following activities:

a/ To except, merge or duplicate video tapes and discs for business purpose without a written agreement of the owner of the copyright.

b/ To add and cut pictures or sounds which result in the alteration of the original tapes or discs which have been given a permit for circulation and reproduce them for business purpose.

Article 7.- The establishments defined at Item 1, Article 5 of this Regulation are allowed to open shops for sales and rent of video tapes and discs (hereunder referred to as tape and disc shops) and have to take responsibility for the sales and rent of the tapes and discs of their shops.

Article 8.-

1. To open a tape and disc shop, there must be the following conditions:

a/ Having a site the right to use of which has been certified by a competent agency.

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c/ Having a shop manager appointed or employed by written contract by the unit which opens the shop.

2. The unit which opens a tape and disc shop must complete procedures of application at the local Culture and Information Service. The shop can operate only after getting a permit of the Culture and Information Service and must put up a sign as prescribed by the regulations on signboards defined in this Regulation.

3. The tape and disc shop can sell and rent only the video tapes stuck with a label. The unit which opens the shop and the shop manager of a tape and disc shop are responsible before law for the video tapes which it sells or rents.

4. The customer is entitled to check the content and quality of the video tape before buying or renting.

Article 9.- An organization or individual that wants to engage in film and video showing business must get an operating permit from the local Culture and Information Service and must register for business. It can operate only after having got the business license.

Article 10.-

1. The hotels, guest houses and rest houses which want to do business in film and video showing must get an operating permit and must register for business as stipulated in Article 9 of this Regulation.

2. The open-air public film and video showing centers, both permanent and mobile, can operate only after getting permission from the local Culture and Information Service. If they set up a box office they must comply with the stipulations in Article 9 of this Regulation.

Article 11.- The cinemas and video showing centers, the video showing rooms established in the hotels, guest houses and rest houses, the public video showing centers in the open air or on the means of transport can show only the films and video tapes already allowed for circulation and stuck with a label.

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Article 12.- The following activities are banned:

1. To circulate or engage in the business of films and video tapes and discs with contents stipulated in Article 3 of this Regulation.

2. To do business in duplicating, selling, renting and showing films and video tapes and discs without operating permits and business license.

3. To buy, sell, rent , lease or show video tapes without label or with label but without filling all the required specifications.

4. To illegally import or duplicate films and video tapes and discs.

5. To change the titles or substitute the contents of the video tapes and discs already stuck with labels.

Chapter III

CIRCULATION OF AND BUSINESS IN MUSIC TAPES AND DISCS

Article 13.-

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2. The audio tapes and discs used as books or accompanied with books issued by the publishing houses shall comply with the regulations of the Law on Publication.

The broadcast of music tapes and discs over the radio shall comply with the provisions of the Press Law.

Article 14.-

1. The following establishments are allowed to duplicate the music tapes and discs under their copyright for business purpose:

a/ The establishments authorized to produce music tapes and discs.

b/ The music publishing houses and other publishing houses producing audio tapes and discs used as books or accompanied with books.

c/ The organizations and individuals having permits for music tapes and discs business.

2. The conditions and procedures for the granting of permits for duplication of music tapes and discs for business purpose shall be defined by the Ministry of Culture and Information.

Article 15.- The units which duplicate music tapes and discs for business can duplicate only the music tapes and discs allowed for circulation as stipulated in Article 13 of this Regulation.

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Article 17.- The following activities are banned:

1. To circulate or deal in music tapes and discs with contents stipulated in Article 3 of this Regulation.

2. To engage in the business of duplicating and trading of music tapes and discs without operating permit and business license.

3. To illegally import or duplicate music tapes and discs.

4. To duplicate and trade in or broadcast music tapes and discs banned from circulation.

5. To except, merge, make additions or cuts or duplicate music tapes and discs for business without written agreement of the owner of the copyright.

Chapter IV

CULTURAL ACTIVITIES AND CULTURAL SERVICES AT PUBLIC PLACES

Article 18.-

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2. The public cultural activities stipulated in this Regulation comprise: showing of films and video tapes, artistic performances, dancing, karaoke singing and other entertainments.

Article 19.-

1. The organizations and individuals engaged in regular or periodical business in the cultural activities stipulated in Article 18 of this Regulation must get an operating permit from the local Culture and Information Service. In addition they have to register their business and can operate only after having got the business license.

2. The State agencies, economic organizations, social organizations and armed forces units conducting cultural activities stipulated in Item 2, Article 18 of this Regulation only for internal use and free of charge shall not have to apply for permit when conducting their activities but must comply with the provisions on the contents of these activities under this Regulation. The head of the agency and the person directly in charge of organizing these activities have to take responsibility for these cultural activities.

The business operations of the dancing halls shall comply with the provisions of Article 22, and those of the karaoke rooms shall comply with the provisions of Article 23 of this Regulation.

3. The organization or individual that rents a place for the holding of public cultural activities has to take joint responsibility if the lessee violates the prohibitions listed in this Regulation.

Article 20.- The place where public cultural activities stipulated in Article 18 of this Regulation are held must comply with the following:

1. Not to sell more tickets than the number of seats in the theater or the seating capacity of the open-air center.

2. Not to operate from 0.00hr to 5 a.m. In case a dancing hall needs to operate after 0.00 hr on the demand of foreign guests, they must have permission to this effect from the local Culture and Information Service but at any rate not beyond 2.00 a.m.

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4. The loudness of sounds that escapes from the auditorium, dancing hall or karaoke room shall not exceed the level prescribed by the State concerning the "Maximum level of noise allowed" (Vietnam Standards No.5949-1995).

5. Not to allow drunkards into the places of public cultural activities.

6. The participants in the public cultural activities must abide by all prescriptions about the civilized way of life.

7. All acts of pornography, procurement and buying and selling sex, the use of lap-sitting girls and receptionists to attract clients in any form are strictly banned.

8. The applicant for permission, the person directly in charge of the organization and the offender shall be responsible for any violation of the provisions of this Article.

Article 21.-

1. The agency or unit which organizes the performances of a foreign art troupe or group or individual artist at a public place must have a permit of the local Culture and Information Service and has to take responsibility for the contents of the performing program organized by it, except for the foreign troupes which enter Vietnam for performance tours according to programs on cultural exchange between the two countries.

2. Vietnamese citizens and foreigners who want to conduct regular performances at a public place must get a certification from the local Culture and Information Service about their professional standard and an operating permit.

3. The performance of theatrical plays and songs, dance and music programs must have a performance permit from the agency or person as defined in the assignment of powers by the Ministry of Culture and Information.

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1. The dancing hall must be at least 80 square meters large.

2. The light in the hall must exceed 10 lux.

3. The use of musical pieces and songs for dancing must comply with the

provisions of Article 13 of this Regulation.

4. The singers and performers must comply with the provisions in Item 2 of Article 21 of this Regulation.

Article 23.- The organization and individual that conducts a karaoke business must comply with the following:

1. The karaoke room must be at least 20 square meters large.

2. The light inside the room must exceed 10 lux.

3. The door of the room must have glass panes to allow a clear view of the interior of the room from outside.

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Article 24.- At the public places, only the recreation places and entertainments which are healthy and which conform to the cultural traditions of the nation are allowed. No entertainments or games which are pornographic or incite violence can be organized. The massage service must comply with Article 13 in the "Regulations concerning urgent measures to eliminate a number of serious social evils" issued together with Decree No.87-CP of December 12, 1995.

Chapter V

SALE OF BOOKS, NEWSPAPERS, PICTURES AND CALENDARS AND RENTING BOOKS

Article 25.- All activities in selling books, newspapers, pictures and calendars and renting books shall comply with the regulations of the Law on Publication, Decree No.79-CP of November 6, 1993 of the Government providing details for the implementation of the Law on Publication and Article 26 of this Regulation.

Article 26.- No organization or individual is allowed to sell or rent the following printed matters:

1. Books, newspapers, calendars and pictures with reactionary, depraved, pornographic, violence-inciting or superstitious contents.

2. Books which are illegally published or imported.

3. Books, newspapers, magazines, calendars, pictures and photographs which have been banned from print, or are subject to recovery, confiscation , banned from circulation or ordered for destruction.

Chapter VI

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Article 27.- An organization or individual that engages in advertising activities must strictly carry out the provisions of Decree No.194-CP of December 31, 1994 of the Government on advertising activities on Vietnamese territory and the following prescriptions:

1. The establishment of enterprises engaged in advertising activities on Vietnamese territory must comply with the Law on State Enterprises, the Law on Private Enterprises and the Corporate Law.

2. The Cultural and Information Services in the provinces and cities directly under the Central Government shall issue permits for the various types of advertisement in their territories except for the advertisement on films, video tapes and printed matters; as well as to issue permits for the issue of supplements and annexes, or the introduction of an advertisement channel on the television.

Advertising on the means of transportation, promotional advertisement accompanied with the products which have been issued with business permits and which do not come under the ban for advertisement must have a permit valid in the whole country from the Culture and Information Service where the head office of the advertisement agency is located.

Article 28.- The writing of signboards aimed at introducing the names, transaction addresses of State agencies, social organizations or economic organizations or individuals shall not have to ask for permission but must comply with the provisions in this Chapter.

Article 29.- The signboards can be made in the form of board, signboard, light box, light net or other forms. The signboard must record in full the name in Vietnamese according to the decision on the establishment of the business or the business permit issued by the competent agency. It must not be written in abbreviation and must contain the essential contents as stipulated in Articles 30 and 31 of this Regulation for each type of signboard. Any abbreviation or international transaction name and name in foreign languages of an economic organization must be written in the lower part of the signboard and in smaller size than the Vietnamese words and its colors and light must not be brighter than the Vietnamese words.

Article 30.- The signboard of an individual or organization must comprise the following contents:

- The name of the direct management agency of the State.

- The name of such organization or individual

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- The name of the production, business or service establishment with concrete specification of the main business branch and trade.

- For a private company or enterprise, it must be clearly specified as a private enterprise, stock company or limited liability company.

Article 31.- The signboards of foreign economic organizations or a joint venture with foreign participation must have the contents conforming with the provisions in Article 30 of this Regulation. The proper name and the international transaction name in foreign languages written in the decision on establishment issued by the competent State agency can be written in foreign languages but it must not be larger in size than the Vietnamese letters written on the same signboard.

Article 32.- The signboard can only be nailed, hung or placed right at the agency, organization, shop or restaurant concerned. No advertisement for any commodity may be made on the signboard.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 33.-

1. This Regulation takes effect on the date of promulgation. The regulations of the Government issued earlier which are contrary to this Regulation are now annulled.

2. All organizations and individuals that are conducting cultural activities and cultural services stipulated in this Regulation without permit must stop their operations immediately. They must complete procedures to apply for permit as prescribed.

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Article 34.-

1. The Ministry of Culture and Information shall coordinate with the concerned ministries and branches to provide detailed guidance for the implementation of this Regulation.

2. The People's Committees of the provinces and cities directly under the Central Government shall have to guide and control the implementation of the cultural activities and cultural services in their localities as provided for in this Regulation.

PRESCRIPTIONS

OF URGENT MEASURES TO FIGHT AGAINST A NUMBER OF SERIOUS SOCIAL EVILS

(issued together with Decree No.87-CP of December 12, 1995).

Chapter I

FIGHT AGAINST PROSTITUTION AND DRUG ABUSE

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Article 2.- All acts of sex abuse against children, procurement and deception to lure children into the path of prostitution, and to induce children into drug addiction and gambling shall be severely punished.

Article 3.- The persons who act in an organized manner in order to resist the control by the State agencies (such as digging a shelter in the room or arranging a closed attic for shelter, hiring thugs to guard, arranging a secret alarm system...) and the recidivists shall be punished more severely.

Article 4.- The establishments of the State agencies rented to private citizens and the private establishments which let the violations concerning social evils occur must revoke immediately the rental contracts, the State shall withdraw their business permits, recover or confiscate these establishments for use in common utility activities.

The persons directly managing the State establishments (hotels, rest houses, restaurants, dancing halls...) who organize prostitution or procure prostitution or organize drug taking, or for whatever reason allow their subalterns organize or maintain prostitution and drug taking at the establishments under their direct management shall, depending on the extent of their violation, be subject to administrative discipline, administrative sanctions or examined for penal liability .

Article 5.- Officials and employees of the State who are guilty of sex indulgence and drug addiction shall be severely dealt with according to Directive No.33-CT and Decree No.53-CP of June 28, 1994 of the Government. No offending official, Party member or public employee shall be left unpunished. At the hotels, restaurants, and rest houses of the State where the above-mentioned social evils occur the State agency which directly manage these establishments shall bear responsibility, and the head of this State agency shall be severely disciplined. Depending on the extent of his/her violation, he/she shall receive administrative sanction or examined for penal liability.

Article 6.- The drug addicts and prostitutes must be reeducated and given medical treatment.

The drug addicts and prostitutes who indulge in such practices on a regular basis and who have not mended their way in spite of the education by the local administration and people, shall be forcibly taken into a center for reeducation and medical treatment (under Article 24 of the Ordinance on the Handling of Administrative Violations.

The first timer drug addicts and prostitutes and those who volunteer to receive medical treatment shall receive education and assistance in treating their disease in the community and at their families, shall receive support in tuition for learning a trade and in finding a job in order to quit drug addiction and prostitution and to earn their living honestly.

Article 7.- The establishments employing receptionists, women employees, women dancers... must sign labor contracts as provided for by the Labor Law, must register the list of receptionists, women employees and women dancers with the police in the local ward.

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All acts of prostitution by receptionists, women employees or women dancers are strictly prohibited.

Chapter II

FIGHT AGAINST GAMBLING

Article 8.-

All acts of organizing gambling and gambling are strictly prohibited.

The organizer of gambling and the gambler shall be both dealt with according to law.

Article 9.- The acts of organizing gambling comprise the following:

1. Inducing, persuading and gathering others for gambling.

2. Keeping money, acting as pawnbroker or lender at gambling houses;

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4. To install gambling machines, electronic games and to organize betting in any form for gambling purpose;

5. To use one's own house or another place to run a gambling house;

6. To organize betting for money;

7. To act as owner of an illegal lottery, as keeper of lots for illegal lottery;

8. To organize the production and distribution of tables, poems as lottery guesses and other printed matters for illegal lottery.

Article 10.- The acts of gambling comprise the following:

1. Gambling in any form: fan-tan and all types of card games, pre-setting a disposition in an oriental chess game and other forms of gambling;

2. Gambling with machine, electronic games, handball, billiard board and other means;

3. Taking part in betting during sport games and entertainments (such as horse race, cock fight, soccer...) and all other forms of betting for money.

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Chapter III

PREVENTION AND FIGHT AGAINST SOCIAL EVILS IN THE PLACES OF TEMPORARY LODGING AND RESTAURANTS

Article 11.- The following activities are strictly banned from the hotels, tourist villages, camping sites, rest houses, sanatoria, apartments for rent, popular inns (hereafter referred to as places of temporary lodging) and at the restaurants, cafes and refreshment bars (hereafter referred to as restaurants):

1. Gambling;

2. Injection and other forms of drug taking;

3. Selling and buying sex.

If such activities take place, the head of the business establishment , the offender and the managing personnel shall be dealt with according to the regulations on administrative sanctions, shall have his/her business license withdrawn or shall be examined for penal liability .

Article 12.- Only those business establishments licensed by the authorized State agencies can organize activities of dancing halls, karaoke singing and video showing in accordance with the regulations.

Article 13.-

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2. Only the establishments for medical examinations and treatment and the hotels which have been certified by the Directors of the Health Service in the provinces and cities directly under the Central Government as meeting all the criteria and conditions to conduct massage can organize the massage service. The massager must be trained in the profession and technique of massage and physical therapy.

The Ministry of Health shall make concrete provisions on the criteria and conditions for the massage service.

3. The misuse of the massage parlor to conduct acts of prostitution is strictly prohibited.

Article 14.- Each place of temporary lodging and each restaurant shall have to work out its own internal rules to manage their personnel and guide their customers to comply with this regulation. All the places of temporary lodging must register their customers and seriously implement their managerial responsibility and scope as prescribed.

Article 15.- The places of temporary lodging and restaurants must so arrange the bed rooms, dining rooms, recreation rooms and refreshment rooms as to ensure the most convenient conditions for the elimination of all acts of social evils.

Nghị định 87-CP năm 1995 về tăng cường quản lý các hoạt động văn hoá và dịch vụ văn hoá, đẩy mạnh bài trừ một số tệ nạn xã hội nghiêm trọng