Circular No. 04/2016/TT-BVHTTDL amends and supplements certain provisions of related circulars concerning copyright appraisal, cultural product import and export management, tourism accommodation ranking, and national standard construction activities. This Circular takes effect from August 15, 2016.
Scope of application
Copyright appraisal organizations, enterprises engaged in cultural product import and export, tourism accommodations, organizations constructing national standards and technical regulations.
Key points
- Copyright appraisal organizations must submit their application through postal service or at the headquarters of the Copyright Agency under the Ministry of Culture, Sports and Tourism. The application includes a request form for reissuing the copyright appraisal organization certificate and copies of recruitment decisions and labor contracts.
- The maximum time for appraising cultural products is not more than ten working days, which may be extended by five additional days in special cases. The appraisal record serves as the basis for handling the export procedures of cultural products.
- Tourism accommodation establishments must resubmit their registration for ranking at least three months before the expiration date specified in the ranking recognition decision, including a request for re-ranking and relevant legal documents.
- The draft national standard review application file includes a letter requesting review, a decision assigning the task, a report on the construction process, a completed draft national standard, a list of agencies to provide comments, and a copy of the original document.
- Party B is responsible for the content and results of research and construction of national standards and technical regulations according to the approved project.
🌐 Social impact of this document
- Positive impact: Reducing fraud in copyright appraisal through direct submission or postal service requirements. Enhancing management of cultural product import and export, protecting cultural relics and antiques.
- Negative impact: It may cause inconvenience for appraisal organizations required to send applications via postal service. Appraisal time may be extended in special cases.
❓ Frequently asked questions
What must a tourism accommodation establishment do before the recognition period expires?
A tourism accommodation establishment must submit a set of re-ranking registration documents to the Department of Culture, Sports and Tourism/Department of Tourism at least three months before the expiration date specified in the ranking recognition decision.
What is the maximum time for appraising cultural products?
The maximum time for appraising cultural products is not more than ten working days, which may be extended by five additional days in special cases.
What does the application for reissuing a copyright appraisal organization certificate include?
The application includes a request form for reissuing the copyright appraisal organization certificate and copies of recruitment decisions and labor contracts between the organization and the appraiser.
What responsibilities does Party B have in constructing national standards?
Party B is responsible for the content and results of research and construction of national standards and technical regulations according to the approved project.
What must a tourism accommodation establishment do to obtain a sign indicating compliance with tourist service standards?
A tourism accommodation establishment must submit a request for obtaining a sign indicating compliance with tourist service standards to the Department of Culture, Sports and Tourism/Department of Tourism.
Full text
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MINISTRY OF CULTURE, SPORTS AND TOURISM |
SOCIALIST REPUBLIC OF VIET NAM |
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Number: 04/2016/TT-BVHTTDL |
Hanoi, June 29, 2016 |
CIRCULAR
AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF CIRCULARS NO. 15/2012/TT-BVHTTDL; CIRCULAR NO. 07/2012/TT-BVHTTDL; CIRCULAR NO. 88/2008/TT-BVHTTDL AND CIRCULAR NO. 05/2013/TT-BVHTTDL
Pursuant to the Law on Enactment of Legislative Decrees dated June 3, 2008;
Article 2. Yoga training and competition is a mandatory sports activity with guided training.d) Administrative and management task group: carry out tasks related to statistics, compilation, issuance of library user cards, evaluation of library activities, international cooperation in libraries; administrative, archival, personnel organization, accounting, and other internal management activities.of the Ministry of Culture, Sports Provincial public libraries have professional and vocational units to implement activities according to the following groups of tasks:
At the request of the Director of the Legal Department,
The Minister of Culture, Sports and Tourism issues this Circular amending and supplementing certain provisions of circulars regulating procedures for legal expertise in the field of cultureProfessional Training for Golf and Tourism promulgates this Circular to amend, supplement certain Articles of Circular No. 15/2015/2012/TT-BVHTTDL; Circular No. 07/2012/TT-BVHTTDL; Circular No. 88/2008/TT-BVHTTDL and Circular No. 05/2013/TT-BVHTTDL.
Article 1. Amending and Supplementing Circular No. 15/2012/TT-BVHTTDL dated December 13, 2012 of the Minister of Culture, Sports and Tourism guiding the activities of copyright appraisal and related rights
Article 1. Point b Clause 4 Article 11 shall be amended and supplemented as follows:
"b) An appraisal organization requesting to reissue the Appraisal Organization Certificate shall submit the application through postal service or at the Copyright Administration Department of the Ministry of Culture, Sports and Tourism. The application includes:
Application form for reissuing the Appraisal Organization Certificate (according to the model attached to this Circular);
A certified copy of the decision on recruitment, labor contract, or working contract between the organization and the appraiser working for the organization (in cases where there has been a change compared to the information recorded in the Certificate of Appraisal Organization already issued).
In case of damage, the damaged Certificate of Appraisal Organization must be returned. In case of changes in information, legal documents proving such changes must be submitted along with the return of the Certificate of Appraisal Organization."
2. Amend Appendix 4 issued together with Circular No. 15/2012/TT-BVHTTDL regarding the Model Application Form for Requesting Issuance and Reissuance of the Certificate of Appraisal Organization for Copyrights and Related Rights (according to the model at Appendix I issued together with this Circular).
Article 2. Amending and Supplementing Circular No. 07/2012/TT-BVHTTDL dated July 16, 2012 of the Minister of Culture, Sports and Tourism guiding Decree No. 32/2012/NĐ-CP dated April 12, 2012 of the Government on management of export and import of cultural products not for business purposes
Point c Clause 1 Article 3 shall be amended and supplemented as follows:
"c) A certified copy of the decision allowing cooperation in film production with foreign countries by the competent authority; a certified copy of the decision allowing export of antiques and artifacts (including re-exported antiques and artifacts) by the Minister of Culture, Sports and Tourism;"
a) Providing investment loans;
"2. The maximum appraisal period shall not exceed ten working days from the date of receipt of complete valid files. In special cases, the maximum appraisal period shall not exceed fifteen working days. The appraisal record of cultural products serves as the basis for customs authorities to process the export procedures for cultural products."
Article 3. Amending and Supplementing Circular No. 88/2008/TT-BVHTTDL dated December 30, 2008 of the Minister of Culture, Sports and Tourism guiding the implementation of Decree No. 92/2007/NĐ-CP dated June 1, 2007 of the Government detailing the implementation of certain Articles of the Tourism Law on accommodation services
Clause 2.6 Section 2 Part III shall be amended and supplemented as follows:
"2.6. At least three months before the expiration of the recognition period, the accommodation service provider must submit one (01) set of application files for re-rating to the Department of Culture, Sports and Tourism/Department of Tourism. The procedure and formalities for requesting re-rating are the same as those for the initial rating.
The application files for re-rating include:
a) Application form for re-rating of accommodation service providers (according to the model at Appendix II issued together with this Circular);
b) Quality assessment form of accommodation service providers as stipulated in the National Standard on Rating Various Types of Accommodation Service Providers;
c) List of managers and service staff in accommodation service providers as specified in Appendix 2 of Circular No. 88/2008/TT-BVHTTDL;
d) Legal copies:
Business registration certificate/Business registration certificate of the accommodation service provider, establishment decision (if there is a change in the Business Registration Certificate/Business Registration Certificate);
Academic degrees, certificates, training certificates, and work experience in the tourism sector for managers;
Food safety certification (for accommodation service providers providing food services).
For applications for re-rating from one to five stars or high-end ratings, in addition to the above documents, legal copies of academic degrees, certificates about professional qualifications and foreign languages of heads of reception, room service, table service, bar, kitchen, and security departments must also be provided."
2. Amend Appendix 9 issued together with Circular No. 88/2008/TT-BVHTTDL regarding the Application Form for Issuing a Sign Indicating Compliance with Tourist Service Standards (according to the model at Appendix III issued together with this Circular).
Article 4. Amend and supplement Circular No. 05/2013/TT-BVHTTDL dated July 29, 2013, issued by the Minister of Culture, Sports and Tourism on the activities of national standard development and national technical regulation development under the Ministry of Culture, Sports and Tourism.
1. Repeal Point e Clause 2 Article 11.
2. Point g Clause 2 Article 11 shall be amended and supplemented as follows:
"g) Complete the draft national standard and submit it to the Ministry of Culture, Sports and Tourism for review.
The dossier for the draft national standard requesting review includes:
- A letter from the drafting organization requesting the review of the dossier and draft national standard.
- Decision assigning the task of implementing the national standard construction project, along with the approved national standard construction project.
- Report on the process of drafting the national standard by the drafting organization.
- The completed draft national standard based on the acceptance opinion of the national standard construction project (including both the draft document and electronic file), accompanied by an explanatory note; copies of original documents used as the basis for drafting the national standard; other reference materials.
- List of agencies, organizations, and individuals to whom the draft national standard was sent for comments; summary and explanation of opinions received, along with the comment documents.
The content of soliciting opinions is carried out using the National Standard Draft Evaluation Form according to Model IX attached to Circular No. 05/2013/TT-BVHTTDL dated July 29, 2013, which stipulates the activities of national standard development and national technical regulation development under the Ministry of Culture, Sports and Tourism.
The number of dossiers submitted for review is ten (10)."
3. Point a Clause 1 Article 12 shall be amended and supplemented as follows:
"a) The Review Board shall consist of seven (07) to nine (09) members including the Chairperson and other members, comprising:
- Representatives of agencies and units directly under the Ministry of Culture, Sports and Tourism related to the object of national standard construction (accounting for at least half of the Review Board members).
- Experts inside and outside the Ministry with credibility, appropriate expertise, and deep understanding of the group of national standards.
- Representatives of specialized management agencies under the Ministry of Culture, Sports and Tourism and representatives of the General Department of Standards, Metrology and Quality Control under the Ministry of Science and Technology.
Members of the specialized technical subcommittee shall not be members of the Review Board."
4. Add Point h to Clause 2 Article 2 Appendix VII as follows:
"h) Party B is responsible for the content and results of research and construction of national standards and national technical regulations according to the approved project."
5. Replace the phrase "Electronic Information Portal of the Ministry of Culture, Sports and Tourism" with "Ministry of Culture, Sports and Tourism Electronic Portal," and replace the term "Technical Committee" with "Specialized Technical Subcommittee" throughout the document.
Article 5. Effective Date
1. This Circular takes effect from August 15, 2016.
2. During the implementation, if there are difficulties or obstacles, agencies, organizations, and individuals should promptly report to the Ministry of Culture, Sports and Tourism for research and amendment.
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Place of Receipt: |
MINISTRY CHAIRMAN
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ANNEX I
(Issued together with Circular No. 04/2016/TT-BVHTTDL dated June 29, 2016, of the Minister of Culture, Sports and Tourism of Culture, Sports and Tourism)
APPLICATION FORM FOR REQUESTING ISSUE/REISSUE OF CERTIFICATE OF ORGANIZATION FOR COPYRIGHT MANAGEMENT AND RELATED RIGHTS
Dear: Copyright Administration Agency
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1 INFORMATION ON THE ORGANIZATION REQUESTING THE ISSUE OF THE CERTIFICATE OF ORGANIZATION FOR COPYRIGHT MANAGEMENT Name of organization: Establishment decision/Registration certificate number: issued on at: Fax: Telephone: Fax: Email: |
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2 CONTENT OF THE REQUEST □ Issue Certificate for the first time □ Reissue Certificate Number of previously issued Certificate: Reason for reissue: □ Certificate lost □ Certificate damaged □ Change information in the Certificate |
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3 LIST OF EXAMINERS BELONGING TO THE ORGANIZATION
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4 CASE OF REISSUE DUE TO CHANGE OF INFORMATION IN THE CERTIFICATE Previously issued Certificate Number: Name of organization: Establishment decision/Registration certificate number: issued on at: Fax: Telephone: Fax: Email: List of examiners:
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5 DOCUMENTS INCLUDED IN THE DOSSIER □ Application form according to model □ Certified copy of establishment decision/registration certificate □ Certified copy of employment decision or work contract □ Previously issued certificate of organization for copyright management |
DOSSIER INCLUDES THE FOLLOWING DOCUMENTS
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6 COMMITMENT OF THE APPLICANT I hereby solemnly declare that all information and documents in the file are true and accurate, and I fully assume legal responsibility for them.
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ANNEX II
(Issued together with Circular No. 04/2016/TT-BVHTTDL dated June 29, 2016, of the Minister of Culture, Sports and Tourism of Culture, Sports and Tourism)
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NAME OF ENTERPRISE |
SOCIALIST REPUBLIC OF VIET NAM |
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………year ……. month …… (specify full name and stamp) |
APPLICATION FOR RE-RATING OF ACCOMMODATION FACILITIES
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Respectfully submitted to: |
- General Department of Tourism |
Pursuant to Circular No. 88/2008/TT-BVHTTDL dated December 31, 2008 issued by the Minister of Culture, Sports and Tourism, after studying the criteria for rating various types of accommodation facilities, we hereby submit this application requesting (*)...to consider and re-rate our accommodation facility.
1. GENERAL INFORMATION ON ACCOMMODATION FACILITY
- Type and name of accommodation facility:
- Address:
- Telephone: Fax: Email: Website:
- Date of commencement of business:
- Type and rating previously recognized: …pursuant to Decision No.: …
dated …/……/…
2. TECHNICAL AND PHYSICAL INFRASTRUCTURE
- Initial investment capital:
- Investment capital for upgrades:
- Total land area (m2):
- Total construction land area (m2):
- Total number of rooms: Average room occupancy rate (%):
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Serial number |
Room typeenergy |
Number of roomsenergy |
Price roomsenergy |
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VND |
USD |
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1 |
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2 |
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... |
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- Services available in the accommodation facility:
………………………………………………………………………………………………………
3. MANAGEMENT PERSONNEL AND SERVICE STAFF
||| - Technical Consulting Company...
Where:
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Direct: |
Reception: |
Kitchen: |
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Indirect: |
Rooms: |
Other: |
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Board of directors: |
Bars: |
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- Qualifications: |
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Postgraduate: |
Bachelor's degree: |
College: |
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Secondary vocational: |
Vocational: |
High school: |
- Professionally trained (%):
- Foreign language (%):
- Rating requested:
We strictly adhere to and ensure quality according to the prescribed standards./.
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ENTERPRISE DIRECTOR |
Note: (*) Head of the competent state agency responsible for tourism rating authority.
ANNEX III
(Issued together with Circular No. 04/2016/TT-BVHTTDL dated June 29, 2016, of the Minister of Culture, Sports and Tourism of Culture, Sports and Tourism)
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NAME OF ENTERPRISE |
SOCIALIST REPUBLIC OF VIET NAM |
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………year ……. month …… (specify full name and stamp) |
APPLICATION FOR ISSUE OF A SIGN INDICATING COMPLIANCE WITH STANDARDS FOR TOURIST SERVICES
To: Department of Culture, Sports and Tourism/Department of Tourism of province (city)
- Name of food and beverage or shopping service establishment:
- Address:
- Telephone: Fax:
Email: Website:
- Business registration certificate number:
Date of issue: Issuing authority:
- Date of commencement of business:
- Total number of management personnel and service staff:
- Request for issuance of a sign indicating compliance with standards for tourist services.
We strictly adhere to and ensure quality according to the prescribed standards.
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Place of Receipt: |
DIRECTOR OR OWNER OF THE ESTABLISHMENT |
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