DECREE

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT’S DECREE NO. 79/2012/ND-CP OF OCTOBER 5, 2012, ON ART PERFORMANCES AND FASHION SHOWS; BEAUTY AND MODEL CONTESTS; AND CIRCULATION OF AND TRADING IN AUDIO AND VISUAL RECORDINGS OF SONG, DANCE, MUSICAL AND THEATRICAL PERFORMANCES1

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the June 3, 2008 Law on Promulgation of Legal Documents;

Pursuant to the November 26, 2014 Law on Investment;

At the proposal of the Minister of Culture, Sports and Tourism,

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 79/2012/ND-CP of October 15, 2012, on art performances and fashion shows; beauty and model contests; and circulation of and trading in audio and visual recordings of song, dance, musical and theatrical performances.

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 79/2012/ND-CP of October 15, 2012, on art performances and fashion shows; beauty and model contests; and circulation of and trading in audio and visual recordings of song, dance, musical and theatrical performances, as follows:

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“2. The Ministry of Culture, Sports and Tourism shall assist the Government in performing the state management of art performances and fashion shows; beauty and model contests; and circulation of and trading in audio and visual recordings of song, dance, musical and theatrical performances.

The Performing Arts Department shall assist the Ministry of Culture, Sports and Tourism in performing the state management of art performances and organization of art performances and fashion shows; beauty and model contests; and circulation of and trading in audio and visual recordings of song, dance, musical and theatrical performances nationwide.

4. People’s Committees of provinces or centrally run cities (below collectively referred to as provincial-level People’s Committees) shall perform the state management of art performances and fashion shows; beauty and model contests; and circulation of and trading in audio and visual recordings of song, dance, musical and theatrical performances in their localities.

Provincial-level Culture, Sports and Tourism Departments or Culture and Sports Departments shall assist provincial-level People’s Committees in performing the state management of art performances and organization of art performances and fashion shows; beauty and model contests; and circulation of and trading in audio and visual recordings of song, dance, musical and theatrical performances in their localities.”

2. To amend and supplement Article 7 as follows:

“Article 7. Responsibilities of organizations and individuals participating in or organizing art performances, fashion shows or beauty or model contests or circulating and trading in audio and visual recordings of song, dance, musical and theatrical performances

1. Responsibilities of the owner of a venue for an art performance, a fashion show or a beauty or model contest:

a/ To refrain from issuing tickets in excess of the number of seats or in excess of the accommodation capacity of the venue in order to ensure the quality of the art performance, fashion show or beauty or model contest;

b/ To ensure that the performance sound does not exceed the prescribed noise limit;

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d/ To have rules and regulations posted up at the venue;

dd/ To obtain permission from the competent local state management agency when organizing an art performance or a fashion show after 0:00 hour to 8:00 hours;

e/ To obtain a permit for organizing art performances, fashion shows or beauty or model contests under regulations.

2. Responsibilities of the organizer of an art performance, a fashion show or a beauty or model contest:

a/ At least 5 working days before organizing an art performance, a fashion show or a beauty or model contest, to send a written notice of its contents to the provincial-level Culture, Sports and Tourism Department or Culture and Sports Department of the locality in which such performance, show or contest will be held;

b/ To comply with the law on copyright and related rights;

c/ To comply with the contents of the granted permit and relevant laws;

d/ To comply with the law of the host country and send a report to the licensing agency within 7 days after returning home (in case of organizing an art performance, a fashion show or a beauty or model contest abroad);

dd/ To award prizes to collegial and individual winners right after announcing results of the contest;

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g/ To edit performing pieces to suit the age and gender of viewers when organizing an art performance or a fashion show of children and obtain the consent of their guardians under regulations;

h/ To refrain from disseminating or circulating the personal image or performance programs or pieces or committing acts with the contents or forms contrary to the value or standards of social ethics, fine customs and habits or cultural traditions of Vietnam in telecommunications networks;

i/ To refrain from publicizing or using the titles gained at the beauty or model contest thanks to the illegal participation of the winners of these titles.

3. Responsibilities of an art performer, a fashion model or a beauty or model contestant:

a/ To perform only songs or plays permitted to be publicized or show fashion collections and designs according to the permit;

b/ For a Vietnamese contestant of an international beauty or model contest, to observe rules of the contest organizing committee and the law of the host country;

c/ To preserve ethics, image and titles of the prize winners as conformable with the value and standards of social ethics, fine customs and habits and cultural traditions of Vietnam and with law.

4. Responsibilities of an organization or individual circulating and trading in audio or visual recordings of song, dance, musical or theatrical performances:

a/ To reproduce only audio or visual recordings for which content approval permits have been granted;

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c/ To refrain from making audio or visual recordings of performance programs or pieces with the contents contrary to the value and standards of social ethics, fine customs and habits and cultural traditions of Vietnam;

d/ To refrain from disseminating or circulating audio or visual recordings without having their contents approved, or audio or visual recordings with the contents or forms contrary to the value and standards of social ethics, fine customs and habits and cultural traditions of Vietnam in telecommunications networks.

5. To pay taxes, fees and charges in accordance with law.”

3. To add the following Article 7a:

“Article 7a. Revocation of permits for giving or organizing art performances, fashion shows or beauty or model contests or circulating and trading in audio and visual recordings of song, dance, musical and theatrical performances

1. Bases for revocation of permits for giving or organizing art performances, fashion shows or beauty or model contests or circulating and trading in audio and visual recordings of song, dance, musical and theatrical performances:

An organization or individual giving or organizing an art performance, a fashion show or beauty or model contest or circulating or trading in audio or visual recordings of song, dance, musical or theatrical performances that violates one of the provisions of Article 6, Point a, b, c, g or h, Clause 2, Point a or b, Clause 3, or Clause 5, Article 7 of this Decree will, depending on the nature and severity of its/his/her violation, have its/his/her permit revoked by a competent agency.

2. The Ministry of Culture, Sports and Tourism shall prescribe in detail the order and procedures for revocation of permits for giving or organizing art performances, fashion shows or beauty or model contests or circulating and trading in audio and visual recordings of song, dance, musical and theatrical performances.”

4. To amend Point c, Clause 1, Article 8 as follows:

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5. To amend and supplement Article 9 as follows:

“Article 9. Competence and procedures to grant and revoke permits for giving or organizing art performances or fashion shows

1. Competence and procedures to grant and revoke permits for organizing art performances or fashion shows in Vietnam:

a/ Competence:

- The Performing Arts Department shall receive dossiers, appraise the contents and forms of art performances or fashion shows and grant or revoke permits for organizing art performances or fashion shows for the organizers mentioned at Points a, b, d and dd, Clause 1, Article 8 of this Decree that belong to central agencies, and the organizer mentioned at Point c, Clause 1, Article 8 of this Decree in case it is permitted by the Ministry of Culture, Sports and Tourism to invite foreign organizations or individuals to Vietnam for giving art performances or fashion shows;

- Provincial-level Culture, Sports and Tourism Departments or Culture and Sports Departments shall receive dossiers, appraise the contents and forms of art performances or fashion shows and grant or revoke permits for organizing art performances or fashion shows for the organizers mentioned at Points a, c, d and dd, Clause 1, Article 8 of this Decree in their localities.

b/ Procedures:

An organizer defined in Clause 1, Article 8 of this Decree that applies for a permit for organizing an art performance or a fashion show shall send a dossier directly or by post to the Performing Arts Department or the provincial-level Culture, Sports and Tourism Department or Culture and Sports Department. A dossier must comprise:

- An application for a permit for organizing an art performance or a fashion show (Form No. 01);

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- A music sheet or script, for a work to be performed for the first time (for a foreign-language music sheet or script, its Vietnamese translation certified by a translation company is required);

- A written commitment to fully complying with the law on copyright, or a copy of the contract or agreement with the author or owner of copyright;

- A certified copy of the decision permitting a foreign organization or individual or an overseas Vietnamese to enter Vietnam for giving an art performance or a fashion show (for the performance or show given by foreign organizations or individuals or overseas Vietnamese);

- A copy of the establishment decision or enterprise registration certificate (a certified copy or a copy enclosed with the original for comparison, for an organizer carrying out administrative procedures for the first time or organizer having, in the course of operation, violated the provisions of Article 6 of this Decree).

2. Competence and procedures to grant and revoke permits for the organizers defined in Clause 1, Article 8 of this Decree to invite foreign organizations or individuals or overseas Vietnamese to Vietnam for giving art performances or fashion shows:

a/ Competence:

- The Ministry of Culture, Sports and Tourism may grant and revoke permits for the organizers mentioned at Points a, d and dd, Clause 1, Article 8 of this Decree that belong to central agencies to invite foreign organizations and individuals to Vietnam for giving art performances or fashion shows, or for the organizer mentioned at Point c, Clause 1, Article 8 of this Decree to invite foreign organizations and individuals to Vietnam for giving art performances or fashion shows in two or more provinces or centrally run cities or outside the provinces or cities where this organizer is established;

- Provincial-level People’s Committees may grant and revoke permits for the organizers in their localities as mentioned at Points a, c, d, dd and e, Clause 1, Article 8 of this Decree to invite foreign organizations and individuals to Vietnam for giving art performances or fashion shows in the localities;

- The Performing Arts Department may grant and revoke permits for the organizers defined in Clause 1, Article 8 of this Decree to invite overseas Vietnamese to Vietnam for giving art performances or fashion shows.

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An organizer defined in Clause 1, Article 8 of this Decree that invites a foreign organization or individual or an overseas Vietnamese to Vietnam for giving an art performance or a fashion show shall send a dossier directly or by post to the Performing Arts Department or the provincial-level Culture, Sports and Tourism Department or Culture and Sports Department. A dossier must comprise:

- An application for a permit for entry into Vietnam for giving an art performance or a fashion show (Form No. 02);

- A copy of the written agreement with the overseas Vietnamese or foreign organization or individual (Vietnamese translation certified by a translation company);

- Copies of the passport and written remark of the Vietnamese diplomatic mission in the host country (for an overseas Vietnamese);

- A copy of the establishment decision or enterprise registration certificate (a certified copy or a copy enclosed with the original for comparison, for an organizer carrying out administrative procedures for the first time or an organizer having, in the course of operation, violated the provisions of Article 6 of this Decree).

3. Competence and procedures to grant and revoke permits for Vietnamese organizations and individuals to go abroad for giving art performances or fashion shows:

a/ Competence:

- The Ministry of Culture, Sports and Tourism may grant and revoke permits for the organizers defined at Points a, d and dd, Clause 1, Article 8 of this Decree that belong to central agencies;

- Provincial-level People’s Committees may grant and revoke permits for the organizers defined at Point a, c, d and dd, Clause 1, Article 8 of this Decree in their localities.

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An organizer defined in Clause 1, Article 8 of this Decree that applies for a permit for an organization or individual to go abroad for giving an art performance or a fashion show shall send a dossier directly or by post to the Performing Arts Department or the provincial-level Culture, Sports and Tourism Department or Culture and Sports Department. A dossier must comprise:

- An application for a permit for an overseas art performance or fashion show (Form No. 03);

- A document on contents of the performance, author, director and performers; or a list of collections and sketch designs of costumes, for a fashion show;

- A music sheet or script, for a work to be performed for the first time;

- A copy of the written agreement with the foreign organization (Vietnamese translation certified by a translation company);

- A copy of the establishment decision or enterprise registration certificate (a certified copy or a copy enclosed with the original for comparison, for an organizer carrying out administrative procedures for the first time or an organizer having, in the course of operation, violated the provisions of Article 6 of this Decree).”

6. To amend and supplement Clause 2, Article 10 as follows:

“2. Validity of a permit:

a/ A permit for a foreign organization or individual to enter Vietnam for giving an art performance or a fashion show which is granted by the Ministry of Culture, Sports and Tourism is valid nationwide;

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c/ A permit for an overseas Vietnamese artist to return home for giving an art performance which is granted by the Performing Arts Department is valid for 6 months at most;

d/ A permit for organization of art performances or fashion shows is valid nationwide, except the case of restrictions on venues for performances as stated in the permit. The maximum validity duration of a permit granted for a song, dance and musical performance is 6 months, while that of a permit granted for a theatrical performance is 12 months.”

7. To amend Clause 1, Article 12 as follows:

“1. An organizer of a performance by an art troupe or Vietnamese performers for internal purpose or free performance at a tourist lodging establishment, restaurant or refreshment bar is not required to apply for a permit but shall comply with the relevant provisions of Points a, b, c, d and dd, Clause 1, Points a, b and g, Clause 2, and Point a, Clause 3, Article 7, and other provisions, of this Decree.”

8. To amend Article 14 as follows:

“Article 14. Organization of art performances or fashion shows by radio or television agencies

1. Radio or television agencies are required to apply for permits for organization of art performances or fashion shows in the following cases:

a/ Radio or television agencies cooperate with units or enterprises in organizing other art performances or fashion shows in order to arrange and organize live performances before the public or audience;

b/ Radio or television agencies organize art performances or fashion shows with the issuance of tickets to viewers of live performances or shows.

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9. To amend Clause 1, Article 15 as follows:

“1. The organizer of a mass art performance is not required to apply for a permit but shall comply with Points a, b, c, d and dd, Clause 1, Points a, b and g, Clause 2, and Point a, Clause 3, Article 7 of this Decree and the following specific provisions:

a/ The organizer is responsible for the performance held in a residential quarter, within a unit to serve political purpose or meet cultural and arts demands;

b/ For a performance held outside a unit, at least 5 working days before the date of performance, the organizer shall send a written notice of the purpose, scope, contents, time and venue of the performance to the provincial-level Culture, Sports and Tourism Department of the locality where the performance will be organized.”

10. To amend Article 17 as follows:

“Article 17. Organizers of beauty or model contests

1. Vietnamese organizations having a business registration certificate of culture and art services or an establishment decision indicating culture and art operations issued by a competent state agency.

2. Foreign organizations that collaborate with Vietnamese organizations having a business registration certificate of culture and art services or an establishment decision indicating culture and art operations to organize contests in Vietnam.”

11. To amend Article 20 as follows:

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1. The Ministry of Culture, Sports and Tourism may grant and revoke permits for organizing:

a/ National beauty contests;

b/ International model contests in Vietnam;

c/ International beauty contests in Vietnam.

2. The Performing Arts Department may grant and revoke permits for organizing:

a/ National model contests;

b/ Beauty contests of regions, sectors and central mass organizations.

3. Provincial-level People’s Committees may grant and revoke permits for organizing beauty or model contests in their localities.”

12. To amend and supplement Article 21 as follows:

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1. An organization that applies for a permit for organizing a beauty or model contest shall send a dossier directly or by post to the Performing Arts Department or the provincial-level Culture, Sports and Tourism Department or Culture and Sports Department of the concerned locality. A dossier must comprise:

a/ An application for a permit for organizing a contest (Form No.04);

b/ A plan to organize the contest, specifying the contest rules and operation regulation of the organizing committee and jury;

c/ A written approval of the venue of hosting the contest’s final round, sent by the provincial-level People’s Committee of the locality in which the contest will be held to the licensing agency (not applicable to a provincial-level beauty or model contest);

d/ A certified copy of the contract or agreement between the Vietnamese and foreign organizations (Vietnamese translation certified by a translation company, for an international beauty or model contest in Vietnam);

dd/ A copy of the establishment decision or enterprise registration certificate (a certified copy or a copy enclosed with the original for comparison, for an organizer carrying out administrative procedures for the first time or an organizer having, in the course of operation, violated the provisions of Article 6 of this Decree).

2. To organize an international beauty or model contest in Vietnam, a foreign organization shall collaborate with a Vietnamese organization having a business registration certificate of culture and art services or an establishment decision indicating culture and art operations issued by a competent state agency. A Vietnamese organization shall submit a dossier prescribed in Clause 1 of this Article.

3. Licensing time limit:

Within 15 working days (for a domestic beauty or model contest) or 30 working days (for an international beauty or model contest in Vietnam) after receiving a complete and valid dossier, a competent state agency shall grant a permit. In case of refusal, it shall issue a written reply clearly stating the reason.

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13. To amend and supplement Article 22 as follows:

“Article 22. Conditions and procedures for licensing contestants of international beauty or model contests

1. Conditions on a contestant:

a/ Having been crowned in a domestic beauty or model contest;

b/ Being represented by a Vietnamese organization having a business registration certificate of culture and art services or an establishment decision indicating culture and art operations issued by a competent state agency to carry out procedures for applying for a permit, and being sent to the contest by this organization.

2. Procedures for licensing a contestant of an international beauty or model contest:

The representing organization applying for a permit for a contestant of an international beauty or model contest shall send a dossier directly or by post to the Performing Arts Department, which must comprise:

a/ An application for a permit (Form No. 05);

b/ A resume of the contestant, certified by a competent state agency;

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d/ A copy of the invitation to the international beauty or model contest, issued by a foreign organization;

dd/ A copy of the certificate of title of a domestic beauty or model contest;

e/ A copy of the establishment decision or enterprise registration certificate (a certified copy or a copy enclosed with the original for comparison, for an organizer carrying out administrative procedures for the first time or an organizer having, in the course of operation, violated the provisions of Article 6 of this Decree).

3. Licensing time limit: Within 5 working days after receiving a complete and valid dossier, the Performing Arts Department shall grant a permit. In case of refusal, it shall issue a written reply clearly stating the reason.”

14. To amend and supplement Article 24 as follows:

“Article 24. Competence and procedures to grant and revoke content approval permits for audio and visual recordings of song, dance, musical and theatrical performances

1. Domestic or imported audio and visual recordings of song, dance, musical or theatrical performances must have content approval permits granted by a competent state agency defined in Clause 3 of this Article.

2. Competence to grant and revoke content approval permits for audio and visual recordings of song, dance, musical and theatrical performances:

a/ The Performing Arts Department shall receive dossiers and grant or revoke content approval permits for audio and visual recordings of song, dance, musical or theatrical performances produced or imported by organizations of central agencies;

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3. Procedures for granting content approval permits for contents of audio and visual recordings of song, dance, musical and theatrical performances:

An organization that applies for a content approval permit shall send a dossier directly or by post to the Performing Arts Department or provincial-level Culture, Sports and Tourism Department or Culture and Sports Department. A dossier must comprise:

a/ An application for a content approval permit (Form No. 06);

b/ A list of authors, works and performers;

c/ A music sheet and words or literary script (Vietnamese translation certified by a translation company is required, for a foreign work);

d/ An audio recording or a visual recording of song, dance, musical or theatrical performances;

dd/ A written commitment to fully complying with the law on copyright or a copy of the contract or agreement with the author or owner of copyright;

e/ Certified copies of the work dissemination decision and decision permitting an overseas Vietnamese to participate in an art performance (if the performance involves works created before 1975, works created by overseas Vietnamese, or overseas Vietnamese performers);

g/ A design sample of the cover of the audio or visual recording;

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4. Licensing time limit:

Within 5 working days after receiving a complete and valid dossier, the Performing Arts Department or the provincial-level Culture, Sports and Tourism Department or Culture and Sports Department shall grant a content approval permit. This time limit may be extended but must not exceed 7 working days when extension of the time for dossier appraisal and licensing is required. In case of refusal to grant a permit, a written reply shall be issued, clearly stating the reason.

5. Audio or visual recordings of song, dance, musical or theatrical performances for which a content approval permit has been granted shall be stuck with a control label before being circulated. The organization producing, circulating or trading in audio or visual recordings shall print control labels and take responsibility before law therefor.

a/ A control label must have the following information: theme of the performance; serial number, date of issuance and issuer of the content approval permit; quantity of audio or visual recordings distributed; address, telephone number and name of the permit holder;

b/ Audio and visual recordings of song, dance, musical and theatrical performances with content approval permits and control labels are valid for circulation nationwide and subject to customs declaration upon export.”

15. To amend Article 26 as follows:

“Article 26. Deposit of audio and visual recordings of song, dance, musical and theatrical performances

Within 5 working days after being granted a content approval permit for audio or visual recordings, the permit holder shall provide the licensing agency and the Performing Arts Department each with 2 finished-product audio or visual recordings (stuck with control labels) for deposit. The deposit-receiving agencies shall keep these recordings for 2 years. Past this time limit, they shall handle audio and visual recordings under regulations of the Minister of Culture, Sports and Tourism.”

16. To amend and supplement Article 27 as follows:

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1. Foreign organizations or individuals may only distribute audio recordings of song, dance, musical or theatrical performances in the Vietnamese territory under treaties to which the Socialist Republic of Vietnam is a contracting party and relevant laws.

2. Foreign organizations or individuals may not directly distribute visual recordings of song, dance, musical or theatrical performances in the Vietnamese territory.”

17. To amend Clause 1, Article 28 as follows:

“1. Vietnamese organizations and individuals and foreign organizations currently operating in Vietnam and engaged in commercial export and import of audio and visual recordings of song, dance, musical and theatrical performances shall comply with this Decree, the commercial law and the investment law.”

18. To amend Clauses 2, 3 and 4, Article 29 as follows:

“2. Music and theatrical works created before 1975 or works of overseas Vietnamese distributed as publications must comply with Clause 3 of this Article and the publication law.

3. An organization or individual wishing to publicize a work created before 1975 or a work of an overseas Vietnamese shall submit a dossier directly or by post to the Performing Arts Department. A dossier must comprise:

a/ An application for a permit for publicization of a work created before 1975 or a work of an overseas Vietnamese (Form No. 08);

b/ A copy of the music sheet or theatrical script (certified by the author or owner of the work);

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d/ A copy of the establishment decision or enterprise registration certificate (a certified copy or a copy enclosed with the original for comparison, for an organizer carrying out administrative procedures for the first time and an organizer having, in the course of operation, violated the provisions of Article 6 of this Decree);

dd/ A copy of the written remark of the Vietnamese diplomatic mission in the host country (for an individual applicant for first-time publicization);

e/ An audio recording of the work.

4. Within 10 working days after receiving a complete and valid dossier, the Performing Arts Department shall appraise the dossier and grant a permit. In case of refusal, it shall issue a written reply clearly stating the reason.”

Article 2. Implementation provisions

1. This Decree takes effect on May 1, 2016.

2. To annul Article 25 of Decree No. 79/2012/ND-CP regarding the competence and procedures to grant control labels for audio and visual recordings of song, dance, musical and theatrical performances.

Article 3. Implementation responsibility

1. The Ministry of Culture, Sports and Tourism shall guide the implementation of this Decree.

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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Nguyen Tan Dung

1 Công Báo Nos 251-252 (27/3/2016)

Nghị định 15/2016/NĐ-CP sửa đổi Nghị định 79/2012/NĐ-CP quy định về biểu diễn nghệ thuật, trình diễn thời trang; thi người đẹp và người mẫu; lưu hành, kinh doanh bản ghi âm, ghi hình ca múa nhạc, sân khấu