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.
Tìm kiếm
Nghị định 126/2018/NĐ-CP (Bản Pdf)
Nghị định 126/2018/NĐ-CP (Bản Word)