Chương IV Nghị định 126/2018/NĐ-CP: Hoạt động của cơ sở văn hoá nước ngoài tại Việt Nam

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.