Chương II Nghị định 126/2018/NĐ-CP: Cấp , cấp lại , gia hạn giấy chứng nhận đăng ký, giấy phép thành lập và hoạt động của cơ sở văn hoá nước ngoài tại Việt Nam

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.