Chương II Nghị định 23/2019/NĐ-CP : Cấp giấy phép tổ chức triển lãm

Chapter II

ISSUANCE OF LICENSES FOR EXHIBITION ORGANIZATION

Article 10. Exhibitions requiring a license for exhibition organization

1. Exhibitions organized overseas by Vietnamese organizations or individuals

2. Exhibitions organized in Vietnam by international organizations or foreign organizations and individuals.

Article 11. Power to issue licenses for exhibition organization

1. The Ministry of Culture, Sports and Tourism shall grant a license for organization of the following exhibitions:

a) Exhibitions organized overseas by central authorities;

b) Exhibitions organized in Vietnam by international or foreign organizations;

c) Exhibitions jointly organized overseas by organizations in 2 or more than 2 provinces or cities.

2. The Department of Culture, Sports and Tourism or Department of Culture and Sports shall issue a license for organization of the following exhibitions:

a) Exhibitions organized overseas by local organizations or individuals;

b) Exhibitions organized in local authorities by foreign individuals.

Article 12. Procedures and application for requesting a license for exhibition organization

1. The organization or individual that wishes to organize an exhibition shall send an application for a license for exhibition organization ("hereinafter referred to as "a license") to the competent authority specified in Article 11 hereof directly or by post or through the online public service system on the website of such competent authority.

The application includes:

a) An application form for issuance of a license (according to Form No.01 provided in the Appendix issued thereto);

b) The list of works, exhibits and documents which specifies names of the authors or owners; names, quantity, materials and size of such works, exhibits and documents and attached notes;

c) Photos of each work, exhibit and document and display model (sized 10 x 15 cm) printed on a paper or stored in a digital storing instrument;

d) The agreement or invitation, announcement or contract of the foreign entity on the exhibition organization (for exhibitions specified in Clause 1 Article 10 hereof). The written agreement or contract for leasing the exhibition place (for exhibitions specified in Clause 2 Article 10 hereof);

dd) A copy of one of the following papers: ID card of the exhibition holder (for exhibitions held by Vietnamese individuals); passport (for exhibitions held by foreigners or Vietnamese individuals residing overseas).

Written documents that are in foreign languages must be translated into Vietnamese and certified as per law provisions.

e) A plan for ensuring social order and security, environmental hygiene and fire safety (for exhibitions specified in Clause 2 Article 10 hereof).

2. If the application is sent directly, it must be sent together with the original copy for comparison purpose. If the application is sent by post, it must be the certified true copy. If the application is sent via the online public service system, it must be the photo of the original application.

3. For the case in which the exhibition is licensed for organization but there are changes in one or more than one information provided in the license, it shall be held as follows:

a) In case of changes to the exhibition time and place: the exhibition holder shall send a notice which specifies the changes together with documents provided in Point d Clause 1 this Article to the competent authority. The procedure for sending the notice shall comply with regulations in Clause 1 and 2 Article 17 hereof;

b) In case of changes to the exhibition name or replacement or addition of the works, exhibits or documents on display: the exhibition holder shall ask for re-issuance of the license.
The application for re-issuance of the license shall include the previously granted license; an application form for license issuance (according to Form No.01 provided in the Appendix issued thereto); the list or photos of additional works, exhibits and documents or substitutes as specified in Point b and c Clause 1 this Article.
The procedure for re-issuance of the license shall be carried out like the procedure for first license issuance.

License issuance

1. The competent authorities specified in Article 11 hereof shall issue the license (according to Form No.02 provided in the Appendix issued thereto) within 7 working days from the day on which the satisfactory application is received.

2. If the application is not eligible for license issuance as it contains information against regulations provided in Article 8 hereof, the competent authority shall response, in writing, to the applicant and provide explanation (according to Form No.03 provided in the Appendix issued thereto) within 7 working days from the day on which the satisfactory application is received.

3. As for exhibitions required to be assessed by the assessment council as specified in Clause 1 Article 9 hereof, the competent authority shall response in writing to the applicant within 15 working days from the day on which the satisfactory applications is received.

4. If the application is found unsatisfactory or needed to be adjusted, the competent authority shall send a written request for additional information or adjustments to the exhibition program to the applicant (according to Form No.04 provided in the Appendix issued thereto).
The applicant shall provide additional information or adjust the exhibition program within 5 working days from the day on which the written request from the competent authority is received.
The second result shall be sent to the applicant within 3 working days from the day on which the additional information or the written agreement on adjustment to the exhibition program is received.

5. Duration specified in Clause 1, 2, 3 and 4 this Article shall be calculated:

a) depending on the date specified in the receipt sent to the applicant if the application is sent directly;

b) depending on the date on the postmark if the application is sent by post;

c) depending on the date on which the authentication is automatically sent to the application by the software if the application is sent via the online public service system.

Article 14. License revocation

1. The competent authorities specified in Article 11 hereof shall revoke the license if the exhibition holder commit any violation against regulations in Clause 1 and 2 Article 8 hereof.

2. Procedures for revoking the license:

a) The violation committed by the exhibition holder shall be notified to the competent authority and agency having power to issue a decision on license revocation (according to Form No.05 provided in the Appendix issued thereto);

b) The exhibition holder shall submit the granted license to the competent authority before the decision on license revocation is issued and terminate the exhibition immediately.

3. After the license is revoked, such exhibition holder shall face penalties under regulations of the administrative law or criminal law depending on the nature and seriousness of the violation committed.