Nghị định 126/2018/NĐ-CP về thành lập và hoạt động của cơ sở văn hóa nước ngoài tại Việt Nam

DECREE

ON THE ESTABLISHMENT AND OPERATION OF FOREIGN CULTURAL INSTITUTIONS IN VIETNAM

Pursuant to the Law on Organizing the Government dated June 19, 2015;

Pursuant to the Law on Promulgation of Legislative Documents dated June 22, 2015

At the requests of the Minister of Culture, Sport and Tourism;

The Government promulgates the regulations on the establishment and operation of foreign cultural institutions in Vietnam.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree provides regulations on the establishment and operation of non-profit foreign cultural institutions in Vietnam (hereinafter referred to as foreign cultural institutions); responsibilities of the State over the foreign cultural institutions in Vietnam.

Article 2. Regulated entities

1. The foreign cultural institutions in Vietnam that are established according to the international treaty on establishment and operation of such institutions.

2. The foreign cultural institutions in Vietnam that are established without following the international treaty.

3. Related agencies, organizations and individuals.

Article 3. Definitions

In this Decree, the following terms are construed as follow:

1. "Foreign cultural institution” is the general name of non-profit organizations that pursue cultural goals or other related goals which are approved the competent state body of Vietnam. Foreign organizations or individuals (hereinafter referred to as "foreign party”) take charge to establish and operate these institutions or participate in such establishment in the territory of Vietnam.

2. The managers and employees of such foreign cultural institutions are the citizens of foreign countries establishing head offices in Vietnam and are assigned to work here; they can be recruited Vietnamese citizens or citizens of a third country, etc.

3. The legal representative of a foreign cultural institution in Vietnam is the citizen of a foreign country establishing the head office in Vietnam. He/she takes the responsibility in managing the operation of such institution.

4. The head office of a foreign cultural institution in Vietnam is an office that registers with the competent state body of Vietnam.

5. Branches of a foreign cultural institution in Vietnam are located in provinces and other central-affiliated cities different from the place where the head office is located.

6. Registration Certificate is a document issued by the competent state body of Vietnam to recognize the foreign cultural institution which is established and operated in accordance with the international treaty.

7. License is the document issued by the competent state body of Vietnam to allow the establishment and operation of the foreign cultural institution without following the international treaty.

8. Establishment Certificate is a document issued by the competent state body of Vietnam to allow the establishment and operation of the foreign cultural institution’s branch in Vietnam.

Article 4. Operation principles

1. A foreign cultural institution must obtain a Registration Certificate or a License to operate in Vietnam. A branch of the foreign cultural institution must obtain an Establishment Certificate to operate. All activities of the foreign cultural institution in Vietnam or its branch must comply with the contents specified in the Registration Certificate, License or Establishment Certificate.

2. During the operation process, the foreign cultural institution must obey Vietnamese laws, respect the independence, sovereignty, territorial integrity, custom, habits and culture of Vietnam;

3. If the foreign cultural institution operates in different related sectors, it shall comply with the regulations of Vietnam’s laws on such sectors.

4. During the operation process of the foreign cultural institution, any breach of Vietnam's laws shall be handled according to the regulations of applicable law.

Chapter II

ISSUANCE, REPLACEMENT AND EXTENSION OF REGISTRATION CERTIFICATE, ESTABLISHMENT AND OPERATION CERTIFICATE OF THE FOREIGN CULTURAL INSTITUTIONS IN VIETNAM

Article 5. Documents, procedures, methods, handling period and authority to issue the establishment and operation certificate to the foreign cultural institutions in Vietnam

1. A dossier shall consist of:

a. An application form for the Registration Certificate, using form No. 01 in the Appendix hereto.

b. Documents on the expected organizational structure and system.

c. A draft of operation regulations.

d. Résumé of the person expected to become the legal representative.

All documents written in a foreign language must be translated into Vietnamese and be certified as true copies.

2. Procedures, methods, handling period and authority to issue the certificate:

a. The foreign party applying for the Registration Certificate must send one application dossier to the Ministry of Culture, Sport and Tourism in person or by post.

b. If the documents are deemed insufficient, within 05 working days from the date on which such documents are received, the Ministry of Culture, Sport and Tourism shall send a written notification to the foreign party in person, by post or by email to request for additional documents.

c. Within 15 working days, from the date on which the completed documents are received, the Minister of Culture, Sport and Tourism shall replace the Registration Certificate by using form No. 02 in Appendix hereto.

3. Validity period of the Registration Certificate:

a. If the international treaty provides regulations on the validity period of the Registration Certificate, this period shall be determined according to these regulations and extended according to Article 7 hereof.

b. If the international treaty provides no regulations on such validity period, this period shall be determined as 05 years and shall be extended. Each extension period shall not exceed 05 years, according to Article 7 hereof.

Article 6. Documents, procedures, methods, handling period and authority to replace the establishment and operation certificate to the foreign cultural institutions in Vietnam

1. Registration Certificate shall be replaced if:

a. It is damaged or lost.

b. The institution's name, location of the head office and legal representative are changed, or the operation contents specified in the international treaty are modified.

2. A dossier shall consist of:

a. An application form for the replacement of Registration Certificate, using form No. 03 in the Appendix hereto.

b. The previous Registration Certificate (if such certificate is damaged or lost).

c. A certified true copy of the Registration Certificate and other documents proving any modification (applicable to the cases specified in point b, clause 1 of this Article).

All documents written in a foreign language must be translated into Vietnamese and be certified as true copies.

3. Procedures, methods, handling period and authority to replace the certificate:

a. The foreign cultural institution in Vietnam shall send 01 application dossier to the Ministry of Culture, Sport and Tourism in person or by post.

b. If the application is deemed incomplete, within 05 working days, from the date on which the application is received, the Ministry of Culture, Sport and Tourism shall send a written notification to the foreign cultural institution in person, by post or via email to request for additional documents.

c. Within 07 working days, from the date on which the completed documents are received, the Minister of Culture, Sport and Tourism shall replace the Registration Certificate. If the application is refused, they shall provide explanation in writing.

Article 7. Documents, procedures, methods, handling period, authority to extend the establishment and operation certificate for the foreign cultural institutions in Vietnam

1. A dossier shall consist of:

a. An application form for extension of Registration Certificate, using form No. 03 in the Appendix hereto.

b. A report on the operating results of the foreign cultural institution in Vietnam, which is recorded from the moment receiving the Certificate until the moment requesting for extension.

All documents written in a foreign language must be attached with translated documents.

2. Procedures, methods, handling period and authority to extend the certificate:

a. At least 45 days before the date on which the Registration Certificate expires, if the foreign cultural institution in Vietnam requests for the extension of such Certificate, it shall send one application dossier to the Ministry of Culture, Sport and Tourism in person or by post.

b. If the application is deemed incomplete, within 05 working days, from the date on which the application is received, the Ministry of Culture, Sport and Tourism shall send a written notification to the foreign cultural institution in person and by post to request for additional documents.

c. Within 15 working days, from the date on which the completed application is received, the Minister of Culture, Sport and Tourism shall extend the Registration Certificate. If opinions from related agencies are required, the above period can be extended but shall not exceed 30 working days. If the application is refused, they shall provide explanation in writing.

Article 8. Documents, procedures, methods, handling period, authority to issue the establishment and operation license to the foreign cultural institution in Vietnam

1. The foreign party is allowed to establish the foreign cultural institution in Vietnam if it satisfies the following requirements:

a. Has clear principles and clear operation purposes

b. Has projects on establishment of foreign cultural institution in Vietnam.

c. Has plans for ensuring the financial capacity of the foreign cultural institution in Vietnam.

d. Has a legal status (for the organizations)

2. A dossier shall consist of:

a. An application form for issuance of the license, using form No. 04 in the Appendix hereto.

b. A copy of the certificate of legal status (for organizations) or of police record or equivalent documents (for individuals) which are consularly legalized.

c. Documents on the expected organizational structure and system, or a draft of the operation regulations of the foreign cultural institution.

d. Police record (or equivalent documents) of the person expected to become the legal representative of the foreign cultural institution. This record must be issued by the competent authority of foreign country which establishes the head office in Vietnam, and such record must also be consularly legalized. If such person resides in Vietnam for more than 06 months, he/she shall have a police record issued by the competent authority of Vietnam.

All documents written in a foreign language must be translated into Vietnamese and be certified as true copies.

3. Procedures, methods, handling period and authority to issue the license:

a. If the foreign party applies for the License in his/her name, he/she shall send one application dossier to the Ministry of Culture, Sport and Tourism in person or by post.

b. If the documents are deemed insufficient, within 05 working days from the date on which such documents are received, the Ministry of Culture, Sport and Tourism shall send a written notification to the foreign party in person, by post or by email to request for additional documents.

c. Within 45 working days, from the date on which the completed documents are received, the Minister of Culture, Sport and Tourism shall issue the license by using form No. 05 in Appendix hereto, after receiving the opinions from related agencies and the approval of the Prime Minister. If the application is refused, they shall provide explanation in writing.

4. Validity period of the License:

The validity period of the license is 05 years and can be extended. Each extension period shall not exceed 05 years according to Article 10 hereof.

Article 9. Documents, procedures, methods, handling period and authority to replace the establishment and operation license of the foreign cultural institutions in Vietnam

1. The license shall be replaced if:

a. It is damaged or lost.

b. There are modifications regarding the name of the institution, location of the head office and the legal representation.

c. New information is added to the operation contents in the license.

2. A dossier shall consist of:

a. An application form for replacement of the license, using form No. 03 in the Appendix hereto.

b. The previous license (if such license is damaged or lost).

c. A certified true copy of the license and other documents proving the modification (applicable to the cases specified in point b and c, clause 1 of this Article).

All documents written in a foreign language must be attached with translated documents.

3. Procedures, methods, handling period and authority to replace the license:

a. The foreign cultural institution in Vietnam shall send 01 application dossier to the Ministry of Culture, Sport and Tourism in person or by post.

b. If the application is deemed incomplete, within 05 working days, from the date on which the application is received, the Ministry of Culture, Sport and Tourism shall send a written notification to the foreign cultural institution in person, by post or via email to request for additional documents.

c. Within 07 working days, from the date on which the completed documents are received, the Minister of Culture, Sport and Tourism shall replace the license for the cases specified in point a and b, clause 1 of this Article.

c. Within 30 working days, from the date on which the completed documents are received, the Minister of Culture, Sport and Tourism shall replace the license for the cases specified in point c, clause 1 of this Article after receiving the opinions from related agencies. If the application is refused, they shall provide explanation in writing.

Article 10. Documents, procedures, methods, handling period and authority to extend the establishment and operation license of the foreign cultural institutions in Vietnam

1. A dossier shall consist of:

a. An application form for extension of Registration Certificate, using form No. 03 in the Appendix hereto.

b. A report on the operating results of the foreign cultural institution, which is recorded from the moment receiving the license until the moment requesting for extension.

All documents written in a foreign language must be attached with translated documents.

2. Procedures, methods, handling period and authority to extend the license:

a. At least 45 days before the date on which the license expires, if the foreign cultural institution in Vietnam requests for the extension of such license, it shall send 01 application dossier to the Ministry of Culture, Sport and Tourism in person or by post.

b. If the application is deemed incomplete, within 05 working days, from the date on which the application is received, the Ministry of Culture, Sport and Tourism shall send a written notification to the foreign cultural institution in person, by post or via email to request for additional documents.

c. Within 15 working days, from the date on which the completed application is received, the Minister of Culture, Sport and Tourism shall extend the license. If opinions from related agencies are required, the above period can be extended but shall not exceed 30 working days. If the application is refused, they shall provide explanation in writing.

Chapter III

BRANCHES OF FOREIGN CULTURAL INSTITUTIONS IN VIETNAM

Article 11. Conditions for establishment and operation

1. The foreign party is allowed to establish a branch if it satisfies the following requirements:

a. Has been operated in Vietnam for at least 02 years.

b. Obeys the law and complies with the current regulations of Vietnam.

2. The branches of foreign cultural institution in Vietnam do not have a legal status and are under its management and administration and operate on behalf of it.

Article 12. Procedures, methods, handling period and authority to issue the Establishment Certificate:

1. A dossier shall consist of:

a. An application form for requesting the approval for establishment of the foreign cultural institution’s branch in Vietnam, using form No. 06 in the Appendix hereto.

b. A copy of the Establishment Certificate or the establishment and operation license of the foreign cultural institution.

b. A report on the operating results of the foreign cultural institution, which is recorded form the moment receiving the Establishment Certificate or the license, until the moment requesting for the establishment of the branch.

d. Police record (or equivalent documents) of the person expected to become the head of the branch of foreign cultural institution. This record must be issued by the competent authority of foreign country which establishes the head office in Vietnam and such record must also be consularly legalized. If such person resides in Vietnam for more than 06 months, he/she shall have a police record issued by the competent authority of Vietnam.

All documents written in a foreign language must be attached with translated documents.

2. Procedures, methods, handling period and authority to issue the Establishment Certificate:

The foreign cultural institution that requests for the Certificate shall send 01 application dossier to the Ministry of Culture, Sport and Tourism in person or by post.

b. If the application is deemed incomplete, within 05 working days, from the date on which the application is received, the Ministry of Culture, Sport and Tourism shall send a written notification to the foreign cultural institution in person, by post or via email to request for additional documents.

c. Within 40 working days, from the date on which the completed documents are received, the Minister of Culture, Sport and Tourism shall issue the license by using form No. 07 in Appendix hereto, after receiving the opinions from People’s Committees of provinces or central affiliated cities where branches are located and from other related agencies. If the application is refused, they shall provided explanation in writing.

3. Validity period of Establishment Certificate:

The validity of the Establishment Certificate of the branch is the same as the Registration Certificate or the establishment and operation license of the foreign cultural institution, according to clause 3, Article 5 and clause 4, Article 8 hereof; it shall not exceed the validity period of the Registration Certificate and the license.

Article 13. Procedures, methods, handling period and authority to replace the Establishment Certificate:

1. The Establishment Certificate shall be replaced if:

a. It is damaged or lost.

b. The contents of the Establishment Certificate are modified.

2. A dossier shall consist of:

a. An application form for replacement of the Certificate, using form No. 03 in the Appendix hereto.

b. The previous Establishment Certificate (if such certificate is damaged or lost).

c. Other documents proving the modifications (applicable to the cases specified in point b, clause 1 of this Article).

All documents written in a foreign language must be attached with translated documents.

3. Procedures, methods, handling period and authority to replace the Establishment Certificate:

The foreign cultural institution that requests for replacement shall send 01 application dossier to the Ministry of Culture, Sport and Tourism in person or by post.

b. If the application is deemed incomplete, within 05 working days, from the date on which the application is received, the Ministry of Culture, Sport and Tourism shall send a written notification to the foreign cultural institution in person, by post or via email to request for additional documents.

c. Within 07 working days, from the date on which the completed documents are received, the Minister of Culture, Sport and Tourism shall replace the Establishment Certificate for the cases specified in point a, clause 1 of this Article by using form No. 07 in Appendix hereto.

c. Within 15 working days, from the date on which the completed documents are received, the Minister of Culture, Sport and Tourism shall replace the Establishment Certificate for the cases specified in point b, clause 1 of this Article by using form No. 07 in Appendix hereto. If opinions from related agencies are required, the above period can be extended but shall not exceed 30 working days. If the application is refused, they shall provided explanation in writing.

Article 14. Procedures, methods, handling period and authority to extend the Establishment Certificate:

1. A dossier shall consist of:

a. An application form for extension of Establishment Certificate, using form No. 03 in the Appendix hereto.

b. A report on the operating results of the branch, which is recorded from the moment receiving the Certificate, until the moment requesting for extension.

All documents written in a foreign language must be attached with translated documents.

2. Procedures, methods, handling period and authority to extend the Establishment Certificate:

a. At least 45 days before the date on which the Establishment Certificate expires, if the foreign cultural institution in Vietnam requests for the extension of such Certificate, it shall send one application dossier to the Ministry of Culture, Sport and Tourism in person or by post.

b. If the application is deemed incomplete, within 05 working days, from the date on which the application is received, the Ministry of Culture, Sport and Tourism shall send a written notification to the foreign cultural institution in person, by post or via email to request for additional documents.

c. Within 15 working days, from the date on which the completed application is received, the Minister of Culture, Sport and Tourism shall extend the Registration Certificate. If opinions from related agencies are required, the above period can be extended but shall not exceed 30 working days. If the application is refused, they shall provided explanation in writing.

Chapter IV

OPERATION OF THE FOREIGN CULTURAL INSTITUTIONS IN VIETNAM

Article 15. Operation contents

1. Cultural and art activities include: exhibition; performing arts; film projection; creative arts competition; creative arts camp; parties, festivals; events during holidays and anniversaries, meetings; seminars, consultation, debates, speeches; clubs; cultural and arts training.

2. Other activities in related fields.

Article 16. Carrying out activities

1. If the foreign cultural institution is required to obtain a license for carrying out the activities specified in the regulations of Vietnam’s specialized laws, it shall follow such regulations.

2. As for the activities which are not specified in clause 1 of this Article:

a. Within 10 working days, before carrying out such activities, the foreign cultural institution must take the responsibility to send a written notification to the People's Committees of provinces or central affiliated cities where the activities are carried out.

b. The written notification must specify: time, location, contents of activities and names of participants.

a. Within 05 working days, from the date on which such notification is received, the People’s Committees of provinces or central affiliated cities where the activities are carried out shall provide explanation in writing if they refuse to approve these activities.

3. Before December 10 every year, the foreign cultural institution shall send a written report on the operation results, which is recorded up to November 30 of the year, and an operation plan for the following year to the Ministry of Culture, Sport and Tourism and People’s Committees of provinces and central affiliated cities where the head offices are located.

4. The foreign cultural institution shall take the responsibility in sending a written report to the competent agency of Vietnam as requested.

5. The foreign cultural institution shall take the responsibility to send a report on the operation contents and period of authorization to the Ministry of Culture, Sport and Tourism and People’s Committees of provinces or central affiliated cities where the branches are located and operated. A branch must operate in accordance with the operation contents and period of authorization. The operation contents of the branch shall be excluded from the operation contents of the foreign cultural institution which are specified in the issued Establishment Certificate or license.

Article 17. Rights and obligations of the foreign cultural institution in Vietnam

1. Rights of the foreign cultural institution:

a. Operate in accordance with the contents of the Establishment Certificate or license.

b. Rent a parcel of land or a building for establishing the head office and maintaining assets and equipment to serve the operation and daily activities.

c. Open Vietnamese dong and foreign currency accounts at a commercial bank.

d. Import, temporarily import, re-export, transfer and liquidate the assets and equipment, which are necessary for their operation and daily activities, according to the laws of Vietnam.

dd. Recruit employees from Vietnam or from a third country.

e. Establish relationship with related agencies in Vietnam in their activities.

g. During the operation in Vietnam, the rights and legal benefits of the foreign cultural institution and their branches, managers and employees will be protected by Vietnamese Government according to the Vietnam’s laws and the international treaty to which Vietnam is a signatory.

2. Obligations of the foreign cultural institution:

a. Operate in accordance with the contents specified in the Establishment Certificate or license.

b. Create favorable conditions for the Vietnamese employees, who work at foreign cultural institution and their branches, to participate in political organizations, social-political organizations and other organizations according to Vietnam’s laws.

c. Create favorable conditions for the Vietnamese competent agency to carry out inspection.

d. Not become guarantee for those who do not engage in the activities of the institution to apply for their visas.

dd. Send a notification of the authorization contents and period to the Ministry of Culture, Sport and Tourism and the People’s Committees of provinces and central affiliated cities where the branches are located and expected activities are carried out.

e. Make periodical report as requested.

Article 18. Legal representatives, managers and employees of foreign cultural institutions

1. The foreign cultural institution in Vietnam shall take responsibility in notifying the Ministry of Culture, Sport and Tourism and People's Committees of provinces and central affiliated cities of their legal representative, manager and employees, as well as the time these people start and stop working for them.

2. The legal representatives, managers and employees of the foreign cultural institution, their father, mother, wife, husband and children shall comply with the laws and regulations of Vietnam while living and working in Vietnam.

Article 19. Suspension of operation

1. The foreign cultural institution and their branches in Vietnam shall be suspended within a period of time according to the Decision of the Minister of Culture, Sport and Tourism, if they:

a. Commit a fraud in order to receive approval for their establishment and operation.

b. Violate the law regulations on culture and being subjected to administrative penalties leading to suspension of operation.

c. Other cases according to the law regulations.

2. The foreign cultural institution and their branches can receive a permit for resuming their operations if they eliminate the violations.

3. Procedures, methods, handling period and authority to suspend the operation:

a. After the suspension period ends, the foreign cultural institution and their branches can send a written notification about the results of eliminating the violations to the Ministry of Culture, Sport and Tourism in person or by post to request for the resuming of operation (if the notification is written in a foreign language, it must be attached with a translated document in Vietnamese).

b. Within 30 working days, from the date on which such written notification is received, the Minister of Culture, Sport and Tourism shall permit the foreign cultural institution and their branches to resume their operations. If the application is refused, he shall provide explanations in writing.

Article 20. Termination of operation

1. The foreign cultural institution and their branches in Vietnam shall terminate their operation themselves as requested by the foreign party.

2. The operations of foreign cultural institution and their branches in Vietnam shall be terminated if such institution and branches fall into one of the following cases:

a. The validity period specified in the Registration Certificate, license and Establishment Certificate expires, but the institution and branches do not complete the procedures for extension according to the regulations of this Decree.

b. They do not operate within 12 months after receiving the Registration Certificate, license and Establishment Certificate.

c. The suspension period specified in the Suspension Decision expires, but they do not eliminate the violations causing such suspension.

d. They violate the regulations in clause 2, Article 4, hereof and being subjected to administrative penalties, which involve depriving the right to use Registration Certificate, license and Establishment Certificate, or being criminally convicted.

3. The branches shall terminate their operations if the operation of foreign cultural institution is terminated.

4. Within 45 working days, from the date on which the operation is terminated, the legal representative of the foreign cultural institution shall complete all related procedures according to Vietnam’s lawsoft, including: paying debts, taxes, salaries, social insurances, rents; liquidating assets, contracts; returning the Registration Certificate, license, Establishment Certificate and stamps to the Ministry of Culture, Sport and Tourism. In special cases, the above period can be extended but shall not exceed 60 working days.

Chapter V

RESPONSIBILITIES OF THE SATE OVER THE FOREIGN CULTURAL INSTITUTION IN VIETNAM

Article 21. Responsibilities of the Ministry of Culture, Sport and Tourism

1. Carry out state management for the foreign cultural institution in Vietnam.

2. Take charge and cooperate with the Ministry of Foreign Affairs, Ministry of Public Security, Ministry of Justice, People’s Committees of provinces and central affiliated cities where the head office and branches are located, and other related agencies in issuing, replacing and extending the Registration Certificate, license and Establishment Certificate, in managing, suspending and terminating the operations of foreign cultural institution and their branches in Vietnam.

3. Carry out inspection of the operation of foreign cultural institution in Vietnam.

4. Summarize the operating results of foreign cultural institution and send an annual report to the Prime Minister every year as requested.

Article 22. Responsibilities of the ministries, ministerial agencies and governmental agencies

Cooperate with the Ministry of Culture, Sport and Tourism in exercising state management over the foreign cultural institution in Vietnam, within their power and according to their functions and mandates.

Article 23. Responsibilities of the People’s Committees of provinces and central-affiliated cities

1. Manage the branches of the foreign cultural institution in Vietnam which establishes its head office in the province.

2. Cooperate with the Ministry of Culture, Sport and Tourism and other related agencies in managing the foreign cultural institution and the activities organized by such institution and their branches in Vietnam.

3. Summarize the operating results of foreign cultural institution and send a report to the Ministry of Culture, Sport and Tourism as requested.

Chapter VI

IMPLEMENTATION

Article 24. Transitional provisions

Within 12 months, from the date on which this Decree comes into effect, the foreign cultural institution and branches that have been established and operating in Vietnam shall be permitted to continue their operations. Also, they must take responsibility in completing the procedures for replacement of Registration Certificate, license and Establishment Certificate, according to the regulations hereof.

Article 25. Entry into force

1. This Decree shall come into force from November 05, 2018

2. The validity period of the Government’s Decree No. 18/2001/ND-CP dated May 04, 2001 will expire from the effective date of this Decree.

Article 26. Implementation

1. The Ministry of Culture, Sport and Tourism shall carry out inspection of the implementation of this Decree.

2. Ministers and Heads of ministerial agencies, Heads of governmental agencies, Chairpersons of People’s Committees in provinces and central affiliated cities shall implement this Decree.