Decree No. 01/2012/ND-CP Amending, Supplementing, Replacing or Abolishing Relevant Provisions Related to Administrative Procedures within the Scope of Management Functions of the Ministry of Culture, Sports and Tourism

DECREE

Amending, supplementing, replacing, or abolishing, canceling regulations related to administrative procedures

within the scope of management functions of the Ministry of Culture, Sports and Tourism

________________________

 

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Legislative Acts of 03 June 2008;

1. To fully exploit and effectively utilize the potential, infrastructure system, and position of the Region, with Ho Chi Minh City as the leading force, to create a driving force for comprehensive development in the fields of culture, family, physical education and sports, and tourism, thereby promoting the cultural market, physical education and sports activities, and tourism throughout the country and other localities.

DECREE:

Article 1. Amending, supplementing, replacing, or abolishing, canceling regulations related to administrative procedures within the scope of management functions of the Ministry of Culture, Sports and Tourism stipulated in the following Decrees:

1. Decree No. 100/2006/NĐ-CP dated September 21, 2006 of the Government detailing and guiding the implementation of certain provisions of the Civil Code and the Law on Intellectual Property regarding copyright and related rights (hereinafter referred to as Decree No. 100/2006/NĐ-CP).

2. Decree No. 86/2005/NĐ-CP dated July 8, 2005 of the Government stipulating the management and protection of underwater cultural heritage (hereinafter referred to as Decree No. 86/2005/NĐ-CP).

3. Decree No. 98/2010/NĐ-CP dated September 21, 2010 of the Government detailing the implementation of certain provisions of the Cultural Heritage Law and the Law amending and supplementing certain provisions of the Cultural Heritage Law.

4. Decree No. 92/2007/NĐ-CP dated June 1, 2007 of the Government detailing the implementation of certain provisions of the Tourism Law (hereinafter referred to as Decree No. 92/2007/NĐ-CP).

5. Decree No. 02/2009/NĐ-CP dated January 6, 2009 of the Government stipulating the organization and operation of private libraries serving the community (hereinafter referred to as Decree No. 02/2009/NĐ-CP).

6. Decree No. 103/2009/NĐ-CP dated November 6, 2009 of the Government promulgating the "Regulations on cultural activities and public cultural service business" (hereinafter referred to as Decree No. 103/2009/NĐ-CP).

Article 2. The amendment, supplementation, replacement, or abolition, cancellation of regulations related to administrative procedures in the Decrees stipulated in Article 1 of this Decree shall be carried out as follows:

1. Decree No. 100/2006/NĐ-CP

a) Clause 2 of Article 37 shall be amended and supplemented as follows:

"2. Foreign individuals and organizations with works, performance programs, sound recordings, video recordings, broadcasting programs protected under copyright and related rights as stipulated in Clause 2 of Article 13 and Article 17 of the Law on Intellectual Property may directly or authorize copyright advisory organizations or related rights organizations to submit one (01) set of application documents directly at the Copyright Office or its representative office in Ho Chi Minh City, Da Nang City, or the Department of Culture, Sports and Tourism."

b) Clause 3 of Article 37 shall be added as follows:

"3. Application documents for the issuance, reissuance, or change of certificates of registration for copyright and related rights as stipulated in Article 50 of the Law on Intellectual Property. Documents specified in points c, d, đ, and e of Clause 3 of Article 50 of the Law on Intellectual Property must be in Vietnamese; in case of copies, they must be notarized or certified; if in a foreign language, they must be translated into Vietnamese and notarized or certified."

c) Clause 1 of Article 38 shall be amended and supplemented as follows:

"1. The Copyright Office is responsible for keeping a copy of the registered work, a copy of the fixed object of the registered related right; a copy stamped with the number of the certificate of registration sent back to the subject entitled to the certificate of registration as stipulated in point b of Clause 2 of Article 50 of the Law on Intellectual Property, after issuing the Certificate of Registration for Copyright and Related Rights."

2. Decree No. 86/2005/NĐ-CP

a) Clause 2 of Point a of Article 12 shall be amended and supplemented as follows:

"a) It is an object that meets the requirements stipulated in Article 40 of the Cultural Heritage Law and Article 16 of Decree No. 98/2010/NĐ-CP."

b) Clause 3 of Article 13 shall be amended and supplemented as follows:

"3. Organizations wishing to conduct surveys or excavations of underwater cultural heritage must submit one (01) set of application documents to the Ministry of Culture, Sports and Tourism either by direct submission or by mail to request permission."

3. Decree No. 98/2010/NĐ-CP

"2. Procedures for issuing permits for research and collection of intangible cultural heritage shall be regulated as follows:

a) Vietnamese citizens residing abroad, foreign organizations, and individuals applying for research and collection must submit directly or send by mail one (01) set of application documents including: An application form (Annex I) accompanied by a research plan (Annex II) clearly stating the purpose, area, duration, and Vietnamese partner involved in the research and collection of intangible cultural heritage to the Director of the Department of Culture, Sports and Tourism. In cases where the research and collection area spans two provinces or centrally-administered cities or more, one (01) set of application documents must be submitted directly or sent by mail to the Minister of Culture, Sports and Tourism;

b) Within twenty (20) working days from the date of receipt of the application, the Minister of Culture, Sports and Tourism or the Director of the Department of Culture, Sports and Tourism shall be responsible for issuing the permit. If the application is rejected, the reasons must be stated in writing."

"Article 16a. Procedure for issuing emergency excavation permits

1. Organizations applying for an emergency excavation permit shall submit one (01) set of application documents directly to the Director of the Department of Culture, Sports and Tourism of the locality where the archaeological site requiring emergency excavation is located.

2. The Director of the Department of Culture, Sports and Tourism shall be responsible for submitting the application for an emergency excavation permit to the Chairman of the Provincial People's Committee in accordance with Clause 19 of Article 1 of the Law amending and supplementing certain provisions of the Cultural Heritage Law."

"2. The Minister of Culture, Sports and Tourism issues permits for taking cultural relics out of the country.

Within fifteen (15) working days from the date of receipt of valid application documents, the Minister of Culture, Sports and Tourism shall issue the permit. If the application is rejected, the reasons must be stated in writing.

3. Procedure for issuing permits for taking cultural relics out of the country:

a) Submit an application form (Annex III) to the Minister of Culture, Sports and Tourism either by direct submission or by mail;

b) Have a certificate of ownership transfer from the previous owner;

"4. Procedures for issuing certificates of practice for owners of shops dealing in antiquities, antiques, and national treasures:

a) The store owner must directly submit or send via postal service one (01) set of application documents for obtaining a business practice certificate for trading in antiques, cultural relics, and national treasures to the Department of Culture, Sports, and Tourism.

b) The application documents for obtaining a business practice certificate for trading in antiques, cultural relics, and national treasures include: Application form for a business practice certificate (Annex IV); Legal copies of relevant professional qualifications; A curriculum vitae with confirmation from the People's Committee of the commune, ward, or town where the applicant resides.

"3. Within fifteen (15) working days from the date of receipt of valid application documents, the Minister of Culture, Sports, and Tourism, and the Director of the Department of Culture, Sports, and Tourism shall be responsible for confirming the conditions for establishment and issuance of a museum operation permit. In case of refusal, the reasons must be clearly stated in writing."

"Article 28a. Procedures for confirming eligibility for obtaining a permit and procedures for issuing a permit for non-state-owned museum operations
1. Organizations and individuals requesting confirmation of eligibility for obtaining a permit for non-state-owned museums must directly submit or send via postal service one (01) set of application documents including: Application form for confirmation of eligibility for obtaining a permit for museum operations (Annex V) and Museum Operation Plan (Annex VI) to the Director of the Department of Culture, Sports, and Tourism at the location of the museum headquarters.

2. Organizations and individuals requesting a permit for non-state-owned museum operations must directly submit or send via postal service one (01) set of application documents including: Application form for a museum operation permit (Annex VII) and a written confirmation of eligibility for obtaining a museum operation permit from the Director of the Department of Culture, Sports, and Tourism to the Chairman of the Provincial People's Committee at the location of the museum headquarters."

4. Decree No. 92/2007/NĐ-CP

a) Article 22 is amended and supplemented as follows:

"Article 22. Documents for applying for a permit to establish a branch or representative office

1. An application form for a permit to establish a branch or representative office signed by an authorized representative of the foreign travel company.

2. A legal copy of the business registration certificate, articles of association, or other equivalent legal documents of the foreign travel company certified by the competent authority in the place of establishment or registration of the company; in the case of establishing a branch, there must also be a power of attorney specifying the scope of authority granted to the head of the branch.

3. Financial statements audited or other equivalent legal documents proving the existence and actual operation of the foreign travel company in the fiscal year immediately preceding the year under consideration (for the case of applying for a permit to establish a branch).

The documents mentioned in Clauses 1, 2, and 3 of this Article must be translated into Vietnamese and certified by the diplomatic mission or consular office of Vietnam abroad and legalized according to Vietnamese law."

b) Article 23 is amended and supplemented as follows:

"1. The foreign travel company must directly submit or send via postal service one (01) set of application documents to the central government agency managing tourism (for the case of applying for a permit to establish a branch) or to the provincial government agency managing tourism (for the case of applying for a permit to establish a representative office).

2. Within ten (10) working days from the date of receipt of complete and valid application documents submitted by the foreign travel company, the central government agency managing tourism shall review and issue a permit to establish a branch for the company and notify the provincial government agency managing tourism, tax authorities, statistical agencies, and related government agencies at the location of the branch headquarters.

3. Within five (05) working days from the date of receipt of complete and valid application documents submitted by the foreign travel company, the provincial government agency managing tourism shall review and issue a permit to establish a representative office for the company and notify the central government agency managing tourism, the provincial people's committee, tax authorities, statistical agencies, and related government agencies at the location of the representative office headquarters."

c) Article 24 is amended and supplemented as follows:

"Article 24. Amending and supplementing the permit to establish a branch or representative office

1. The foreign travel company must directly submit (or send via postal service) one (01) set of application documents for amending and supplementing the permit to establish a branch or representative office to the competent authority specified in Clause 1 of Article 23 of Decree No. 92/2007/NĐ-CP within ten (10) working days from the date of change as follows:

a) Changing the location of the branch or representative office within the same province or centrally administered city;

b) Changing the name or activities of the branch or representative office;

c) Changing the head of the branch or representative office.

2. The application documents for amending and supplementing the permit to establish a branch or representative office include:

a) An application form for amending and supplementing the permit to establish a branch or representative office signed by an authorized representative of the foreign travel company;

b) The original permit to establish a branch or representative office that has been issued.

Within ten (10) working days from the date of receipt of valid application documents submitted by the company, the competent authority issuing the permit to establish a branch shall amend and supplement the permit to establish a branch or representative office for the company and send a copy of the amended permit to establish a branch to the relevant agencies specified in Clause 2 of Article 23 of Decree No. 92/2007/NĐ-CP.

Within five (05) working days from the date of receipt of valid application documents submitted by the company, the competent authority issuing the permit to establish a representative office shall amend and supplement the permit to establish a representative office for the company and send a copy of the amended permit to establish a representative office to the relevant agencies specified in Clause 3 of Article 23 of Decree No. 92/2007/NĐ-CP. The validity period of the amended and supplemented permit to establish a branch or representative office shall not exceed the validity period of the original permit to establish a branch or representative office."

d) Article 25 is amended and supplemented as follows at Clauses 1 and 3:

"1. In the following cases, foreign travel enterprises shall directly send or send via postal service one (01) set of documents to the authority that issued the license for establishment of branch or representative office within fifteen (15) days from the date of change:

a) Changing the name or changing the place of registration of establishment of the foreign travel enterprise from one country to another;

b) Changing the location of the branch or representative office to another province or centrally governed city;

c) Changing the scope of business of the foreign travel enterprise;

d) Changing the location of the foreign travel enterprise within the territory of the country where the enterprise was established.

Within ten (10) working days from the date of receipt of complete and valid documents sent by the foreign travel enterprise, the competent authority issuing the license for establishment of branch or representative office shall review and reissue the license for establishment of branch or representative office for the enterprise and send a copy of the reissued license for establishment of branch or representative office to relevant authorities as prescribed in Clause 2 and Clause 3, Article 23 of Decree No. 92/2007/NĐ-CP."

"3. In case the license for establishment of branch or representative office is lost, torn, or destroyed, the foreign travel enterprise must submit a request for reissuance of the license for establishment of branch or representative office. The foreign travel enterprise shall directly send or send via postal service one (01) application for reissuance of the license for establishment of branch or representative office signed by the authorized representative of the foreign travel enterprise to the authority issuing the license as prescribed in Article 21 of Decree No. 92/2007/NĐ-CP.

Within five (05) working days from the date of receipt of complete and valid documents sent by the foreign travel enterprise, the competent authority issuing the license for establishment of branch or representative office shall review and reissue the license for establishment of branch or representative office for the enterprise."

đ) Article 26 is amended and supplemented as follows at Clause 2:

"2. Extension of the license for establishment of branch or representative office:

a) Thirty (30) days before the expiration of the license for establishment of branch or representative office, the enterprise shall directly send (or send via postal service) an application for extension of the license for establishment of branch or representative office to the competent authority as prescribed in Clause 1, Article 23 of Decree No. 92/2007/NĐ-CP.

b) Within ten (10) working days from the date of receipt of the application from the enterprise, the competent authority shall examine and extend the license for establishment of branch or representative office; if approved, the enterprise shall submit the original license for establishment of branch or representative office to the competent authority for extension. In case of refusal to extend, the competent authority must provide the reasons in writing."

e) Article 34 is amended and supplemented as follows:

"Article 34. Procedures for issuance, replacement, and reissuance of tour guide cards

1. Individuals applying for issuance or replacement of tour guide cards shall directly submit or send via postal service one (01) set of documents as prescribed in Clause 1, Article 74 and Clause 1, Article 75 of the Tourism Law to one of the provincial-level state management agencies on tourism nationwide.

2. Individuals applying for reissuance of tour guide cards shall directly submit or send via postal service one (01) set of documents as prescribed in Clause 2, Article 75 of the Tourism Law to the provincial-level state agency on tourism where the tour guide card was originally issued. The validity period of the reissued card will be equal to the remaining time of the previously issued card.

3. Supporting documents attached with the application are copies (when submitting in person, the original must be brought for verification) or notarized or certified copies (when submitting via postal service). In case the documents are translated from a foreign language into Vietnamese or are in a foreign language, they must be notarized or certified."

5. Decree No. 02/2009/NĐ-CP

Article 6 is amended and supplemented as follows:

"Article 6. Procedures for registering private library activities

1. Documents for registering library activities include:

a) Application for registration of library activities (Form No. 1 of Decree No. 02/2009/NĐ-CP);

b) List of current library materials (Form No. 2 of Decree No. 02/2009/NĐ-CP);

c) Curriculum vitae of the person establishing the library, confirmed by the People's Committee of the commune, ward, town (hereinafter referred to as commune level) where the person resides;

d) Library regulations.

2. Number of sets of documents and processing time:

a) One (01) set of documents is required;

b) Within three (03) working days from the date of receipt of complete and valid documents, the receiving authority is responsible for issuing a certificate of registration for private library activities.

3. Authority receiving documents and issuing certificates of registration for library activities:

The People's Committee at the commune level or the Cultural and Information Office at the district, urban district, town, or provincial city level (hereinafter referred to as district level) or the Department of Culture, Sports, and Tourism is responsible for providing documents and guiding procedures for registering library activities.

Based on the initial library material capital, the person establishing the library shall submit the registration documents to the competent authorities as follows:

a) Libraries with an initial book capital of 500 copies to less than 1,000 copies shall submit documents to the People's Committee at the commune level where the library is located.

b) Libraries with an initial book capital of 1,000 copies to less than 2,000 copies shall submit documents to the Cultural and Information Office at the district level where the library is located;

c) Libraries with an initial book capital of 2,000 copies or more shall submit documents to the Department of Culture, Sports, and Tourism where the library is located. After receiving complete and valid documents from the person establishing the library, the receiving authority is responsible for issuing a certificate of registration for library activities to the library (Form No. 3 of Decree No. 02/2009/NĐ-CP). In case of rejection, the reasons must be provided in writing."

6. Decree No. 103/2009/NĐ-CP

a) Clause 4 of the Regulation on Cultural Activities and Public Cultural Service Business accompanying Decree No. 103/2009/NĐ-CP is amended and supplemented as follows:

"4. Procedure for issuing control labels for music tapes and discs, stage performances: Organizations and individuals under central jurisdiction applying for control labels shall directly submit or send by post one set of application documents to the Department of Performing Arts, Ministry of Culture, Sports and Tourism; organizations and individuals under local jurisdiction shall directly submit or send by post one set of application documents to the Department of Culture, Sports and Tourism.

a) Documents include:

- An application form for control labels specifying: Name of tape, disc, or stage performance, number of decisions allowing circulation, quantity of control labels;

- A copy of the decision allowing circulation with legal validity (for cases where the Department of Culture, Sports and Tourism issues a permit for circulation).

b) Article 7 of the Regulation on Cultural Activities and Public Cultural Service Business issued together with Decree No. 103/2009/ND-CP is amended and supplemented as follows:

"2. Procedure for issuing public performance permits: Organizations and individuals wishing to organize artistic performances or fashion shows must directly submit or send by post one set of application documents for a public performance permit to the competent state agency specified in Clause 1 of this Article.

a) Documents include:

- An application form for a public performance permit (specifying the name of the program, item, author, director, performer);

- Music scores and scripts for works being performed for the first time; photographs or design samples of fashion show costumes.

b) Within five (5) working days from the date of receiving complete and valid application documents, the competent state agency is responsible for issuing a public performance permit; if a permit is not issued, a written response must be provided, clearly stating the reasons; in cases requiring approval of the program before issuing a public performance permit, the organization or individual applying for the permit is responsible for creating conditions for the competent state agency to review."

c) Article 8 of the Regulation on Cultural Activities and Public Cultural Service Business issued together with Decree No. 103/2009/ND-CP is amended and supplemented as follows:

"2. The head of a tourist accommodation facility, restaurant, or refreshment establishment organizing foreign art groups or artists to perform at their premises without selling tickets for admission must notify the Department of Culture, Sports and Tourism of the locality in writing three (3) days prior to the scheduled performance date according to the notification."

d) Article 14 of the Regulation on Cultural Activities and Public Cultural Service Business issued together with Decree No. 103/2009/ND-CP is amended and supplemented as follows:

"Article 14. Exhibition NotificationOther cultural and artistic exhibitions organized by Vietnamese organizations and individuals not falling within the categories requiring permission under Article 13 of this Regulation must notify the Department of Culture, Sports and Tourism of the location of the exhibition three (3) working days prior to the exhibition date according to the notification."

đ) Article 18 of the Regulation on Cultural Activities and Public Cultural Service Business issued together with Decree No. 103/2009/ND-CP is amended and supplemented as follows:

"2. Procedure for issuing festival organization permits: Agencies and organizations wishing to organize festivals as stipulated in Clause 1 of this Article must submit an application for a festival organization permit to the Department of Culture, Sports and Tourism of the location where the festival will be held at least thirty (30) working days before the planned opening date of the festival.

a) Content of the application for a festival organization permit (specifying the content of the festival or changes from tradition, time and place of organization, plans for establishing the Festival Organizing Committee, commitment to ensure quality and legal responsibility in case of violation, and other necessary conditions to ensure security and order during the festival).

b) Within ten (10) working days from the date of receiving a valid application, the Department of Culture, Sports and Tourism is responsible for submitting to the People's Committee of the province. The People's Committee of the province, within ten (10) working days from the date of receiving the proposal of the Department of Culture, Sports and Tourism, is responsible for issuing a festival organization permit; if the People's Committee of the province delegates the Department of Culture, Sports and Tourism to issue the permit, the Department of Culture, Sports and Tourism is responsible for issuing the permit within ten (10) working days from the date of receiving complete and valid application documents; if a permit is not issued, a written response must be provided, clearly stating the reasons."

e) Delete Clause 2 of Article 24 of the Regulation on Cultural Activities and Public Cultural Service Business issued together with Decree No. 103/2009/ND-CP.

g) Article 25 of the Regulation on Cultural Activities and Public Cultural Service Business issued together with Decree No. 103/2009/ND-CP is amended and supplemented as follows:

"2. Documents and procedure for issuing entertainment venue business permits:

a) Application documents include: - An application form for an entertainment venue business permit; - A certified true copy of the business registration certificate.

b) One set of documents is required to be submitted.

c) Within ten (10) working days from the date of receiving complete and valid application documents, the Department of Culture, Sports and Tourism is responsible for examining and inspecting actual business conditions and issuing the permit; if a permit is not issued, a written response must be provided, clearly stating the reasons."

h) Delete Clause 5 of Article 30 of the Regulation on Cultural Activities and Public Cultural Service Business issued together with Decree No. 103/2009/ND-CP.

i) Article 31 of the Regulation on Cultural Activities and Public Cultural Service Business issued together with Decree No. 103/2009/ND-CP is amended and supplemented as follows:

"2. Documents and procedures for issuing a karaoke business license:"

a) Application documents include: - An application form for a karaoke business permit specifying the business location, number of rooms, area of each room; - A certified true copy of the business registration certificate.

b) One set of application documents is required.c) Within seven (7) working days from the date of receiving complete and valid application documents, the Department of Culture, Sports and Tourism or the district-level agency authorized to issue the permit is responsible for issuing the business permit; if a permit is not issued, a written response must be provided, clearly stating the reasons."

Article 3. Replace the phrases "Ministry of Culture and Information", "Department of Culture and Information" with "Ministry of Culture, Sports and Tourism", "Department of Culture, Sports and Tourism" throughout all documents specified in Clauses 1, 2, and 4 of Article 1 of this Decree.

Article 4. This Decree takes effect from February 27, 2012.

Article 5. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree.