Circular No. 07/2011/TT-BVHTTDL Amending, Replacing, or Abolishing Relevant Administrative Procedures within the Scope of Management Functions of the Ministry of Culture, Sports and Tourism

CIRCULAR

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

Pursuant to the Law on Issuing Normative Legal Documents dated June 3, 2008;
Pursuant to Decree No. 24/2009/NĐ-CP dated March 5, 2009 of the Government detailing and providing implementation measures for the Law on Issuing Legal Normative Documents;
Pursuant to Decree No. 185/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Culture, Sports and Tourism;
The Ministry of Culture, Sports and Tourism issues this Circular to amend, supplement, replace, or abolish relevant provisions related to administrative procedures within the scope of management functions of the Ministry of Culture, Sports and Tourism.

Article 1. Amending, supplementing, replacing, or abolishing relevant provisions related to administrative procedures in the following consolidated documents:

I. Cultural Heritagecultural products

1. Circular No. 07/2004/TT-BVHTT dated February 19, 2004 of the Ministry of Culture and Information guiding the procedures and administrative formalities for registering cultural relics, antiques, and national treasures (hereinafter referred to as Circular No. 07/2004/TT-BVHTT);

2. Decision No. 86/2008/QĐ-BVHTTDL dated December 30, 2008 of the Minister of Culture, Sports and Tourism promulgating the Regulation on "Exploration and Archaeological Excavation" (hereinafter referred to as Decision No. 86/2008/QĐ-BVHTTDL).

II. Performing Artsperforming arts

1. Decision No. 47/2004/QĐ-BVHTT dated July 2, 2004 of the Minister of Culture and Information promulgating the Regulation on performing arts activities and organizing professional performing arts performances (hereinafter referred to as Decision No. 47/2004/QĐ-BVHTT).

2. Notice No. 5 (Document No. 453/VHTT-TB dated February 28, 1995 of the Ministry of Culture and Information) regarding the use of songs composed before 1975 in southern provinces (hereinafter referred to as Notice No. 5).

3. Decision No. 55/1999/QĐ-BVHTT dated August 5, 1999 of the Minister of Culture and Information promulgating the Regulation on producing, exporting, importing, circulating, and trading music sound tapes, music video discs, and stage performance audiovisual products (hereinafter referred to as Decision No. 55/1999/QĐ-BVHTT).

4. Circular No. 48/2006/TT-BVHTT dated May 5, 2006 of the Ministry of Culture and Information guiding certain contents stipulated in Decree No. 12/2006/NĐ-CP dated January 23, 2006 of the Government detailing the implementation of the Law on Trade concerning international trade activities and agency, purchase, sale, processing, and transit of goods with foreign countries (hereinafter referred to as Circular No. 48/2006/TT-BVHTT).

5. Decision No. 87/2008/QĐ-BVHTTDL dated December 30, 2008 of the Minister of Culture, Sports and Tourism promulgating the Regulation on Organizing Miss, Missus, and Beauty Contests (hereinafter referred to as Decision No. 87/2008/QĐ-BVHTTDL).

III. Fine Arts, Photography, and Exhibitionsfine arts, photography and exhibitions

1. Decision No. 10/2000/QĐ-BVHTT dated May 15, 2000 of the Minister of Culture and Information on issuing the Regulation on fine arts exhibition activities and galleries (hereinafter referred to as Decision No. 10/2000/QĐ-BVHTT).

2. Decision No. 29/2000/QĐ-BVHTT dated November 20, 2000 of the Minister of Culture and Information on issuing the Regulation on photography activities (hereinafter referred to as Decision No. 29/2000/QĐ-BVHTT).

3. Decision No. 05/2000/QĐ-BVHTT dated March 29, 2000 of the Minister of Culture and Information promulgating the Regulation on managing the construction of monuments, grand paintings (fine arts part) (hereinafter referred to as Decision No. 05/2000/QĐ-BVHTT).

4. Decision No. 90/2008/QĐ-BVHTTDL dated December 30, 2008 of the Minister of Culture, Sports and Tourism on the Regulation on organizing sculpture creation camps (hereinafter referred to as Decision No. 90/2008/QĐ-BVHTTDL).

IV. Import and Export of Cultural Productsimport and export of cultural goods

1. Circular No. 36/2002/TT-BVHTT dated December 24, 2002 of the Ministry of Culture and Information guiding the implementation of Decree No. 88/2002/NĐ-CP dated November 7, 2002 of the Government on managing the import and export of cultural products not for commercial purposes (hereinafter referred to as Circular No. 36/2002/TT-BVHTT).

V. Cultural Basescultural foundation

1. Decision No. 62/2006/QĐ-BVHTT dated June 23, 2006 of the Minister of Culture and Information promulgating the Regulation on recognizing the titles of "Cultural Family," "Cultural Village," and "Cultural Residential Ward" (hereinafter referred to as Decision No. 62/2006/QĐ-BVHTT).

VI. Cultural Activities and Public Cultural Service Business

1. Circular No. 04/2009/TT-BVHTTDL dated December 16, 2009 of the Ministry of Culture, Sports and Tourism detailing the implementation of certain provisions in the Regulation on cultural activities and public cultural service business accompanying Decree No. 103/2009/NĐ-CP dated November 6, 2009 of the Government (hereinafter referred to as Circular No. 04/2009/TT-BVHTTDL).

VII. Tourismtourism

1. Circular No. 88/2008/TT-BVHTTDL dated December 30, 2008 of the Ministry 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 provisions of the Tourism Law on accommodation services (hereinafter referred to as Circular No. 88/2008/TT-BVHTTDL);

2. Circular No. 89/2008/TT-BVHTTDL dated December 30, 2008 of the Ministry 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 provisions of the Tourism Law on travel business, branches, and representative offices of foreign tourism enterprises in Vietnam, tour guidance, and tourism promotion (hereinafter referred to as Circular No. 89/2008/TT-BVHTTDL).

Article 2. The amendment, supplementation, replacement, or abolition of relevant provisions related to administrative procedures in the consolidated documents specified in Article 1 of this Circular shall be carried out as follows:

I. Cultural Heritagecultural products

1. Circular No. 07/2004/TT-BVHTT

Section II is amended and supplemented as follows under Clause 1:
"1. Procedure and registration process.

- The owner of cultural relics, antiques, and national treasures shall submit one (01) application for registration of cultural relics, antiques, and national treasures (model attached as Appendix No. 1 issued together with Circular No. 07/2004/TT-BVHTT) to the Director of the Department of Culture, Sports and Tourism at the place of residence either by direct submission or by mail.

- Within fifteen (15) working days from the date of receipt of the application from the owner of cultural relics, antiques, and national treasures, the Director of the Department of Culture, Sports and Tourism shall be responsible for reviewing and responding regarding the time limit for organizing the registration.

Within fifteen (15) working days from the completion of the registration procedures, the Director of the Department of Culture, Sports and Tourism shall be responsible for issuing a certificate of registration of cultural relics, antiques, and national treasures (model attached as Appendix No. 4 issued together with Circular No. 07/2004/TT-BVHTT) to the owner of cultural relics, antiques, and national treasures."

Decision No. 86/2008/QĐ-BVHTTDL

Article 12 of the Regulation on "Archaeological Survey and Excavation" promulgated together with Decision No. 86/2008/QĐ-BVHTTDL is amended and supplemented as follows under Clause 1:

"1. Organizations with the function of conducting archaeological surveys and excavations shall submit one (01) set of application files for permission to conduct archaeological surveys and excavations to the Minister of Culture, Sports and Tourism either by direct submission or by mail. The application file includes:"

II. Performing Artsperforming arts

Decision No. 47/2004/QĐ-BVHTT

1.1. Article 13 of the Regulation on Professional Art Performance Activities and Organizing Professional Art Performances promulgated together with Decision No. 47/2004/QĐ-BVHTT is amended and supplemented as follows under Point 2.3:

"2.3. Fulfill tax obligations, provisions of the law on copyright, advertising, and regulations stipulated in this Regulation. When performing art abroad, they must comply with Vietnamese laws, local laws concerning residence, travel, and other relevant laws related to professional art performance activities;"

1.2. Article 15 of the Regulation on Professional Art Performance Activities and Organizing Professional Art Performances promulgated together with Decision No. 47/2004/QĐ-BVHTT is amended and supplemented as follows under Clauses 2 and 4:

"2. Submit an application form (Model 1), accompanied by a list of participants (clearly stating full name, position, profession) and the content of the program, items, and plays to be performed abroad."

"4. Place to submit the application: The unit submits the application either by direct submission or by mail one (01) set (including the documents specified in Clauses 1, 2, and 3 of this Article) to the Performing Arts Administration Bureau or the Department of Culture, Sports and Tourism according to the management hierarchy stipulated in Articles 20 and 21 of this Regulation. Within five (05) days from the date of receiving complete and valid applications, the competent authority shall be responsible for issuing the permit. In cases where the permit is not granted, a written response must be provided specifying the reasons."

1.3. Article 16 of the Regulation on Professional Art Performance Activities and Organizing Professional Art Performances promulgated together with Decision No. 47/2004/QĐ-BVHTT is amended and supplemented as follows under Points 1.1, 2.1, 3.1, and adds Point 4.3 as follows:

"1.1. Submit an application form (Model 2) from the unit organizing professional art performances in Vietnam, accompanied by the content of the program, items, and plays, and a list of participants (clearly stating full name, position, profession)."

"2.1. Meet the conditions stipulated in Points 1.1 and 1.2 of Clause 1 of this Article; submit an application form (Model 3)."

"3.1. Submit an application form (Model 4) from the unit organizing professional art performances in Vietnam."

"4.3. One (01) set of application files is required, submitted either directly or by mail. Within five (05) days from the date of receiving complete and valid applications, the competent authority shall be responsible for issuing the permit. In cases where the permit is not granted, a written response must be provided specifying the reasons."

1.4. Article 17 of the Regulation on Performance Activities and Professional Performance Organization issued together with Decision No. 47/2004/QĐ-BVHTT has been amended and supplemented at Clause 1 as follows:

“1. Professional performance organizations operating at registered locations shall send a notification letter regarding the performance schedule to the Department of Culture, Sports and Tourism where the performance takes place three (03) days prior to the date specified in the notification.”

The organizing unit shall send a notification of the performance schedule to the Department of Culture, Sports and Tourism at the place of performance three days prior to the date specified in the notification.”

1.5. Article 22 of the Regulation on Performance Activities and Professional Performance Organization issued together with Decision No. 47/2004/QĐ-BVHTT has been amended and supplemented at Clause 1 Point 1.1 as follows:

“1. Artistic performance units and professional performance organization units applying for a public performance permit for programs, acts, or plays shall submit directly or send via postal service one (01) set of application files to the Performing Arts Administration or the Department of Culture, Sports and Tourism according to the management hierarchy stipulated in Articles 20 and 21 of this Regulation.

1.1. The application for public performance permit for programs, acts, or plays must clearly state: the name of the program, act, or play, the time and location of the public performance (Form 5);”

2. Notification No. 5

Article 2 has been amended and supplemented as follows:

“Article 2. The application package includes:

- Application form of the agency (Form 6);

- The compositions requested for review and approval for use must be photocopies of the original score without erasures or alterations.

One (01) set of application packages must be submitted directly or sent via postal service to the Performing Arts Administration.

Within ten (10) days from the date of receiving complete and valid applications, the Performing Arts Administration is responsible for issuing the permit. In cases where the permit is not granted, a written response stating the reasons must be provided.”

3. Decision No. 55/1999/QĐ-BVHTT

Article 4 Decision No. 55/1999/QĐ-BVHTT

The Regulation on Production, Export, Import, Circulation, and Business of Sound Tapes, Sound Discs, Video Tapes, Video Discs, Music and Stage Performances issued together with Decision No. 55/1999/QĐ-BVHTT has been amended and supplemented at Clause 1 Point b and Clause 3 as follows:

“b) Procedures:

Central organizations shall submit the application for permission by submitting directly or through postal service to the Performing Arts Administration; local organizations shall submit the application for permission by submitting directly or through postal service to the Department of Culture, Sports and Tourism where their headquarters are located (Form 7).”

4. Circular No. 48/2006/TT-BVHTT

“3. Within five (05) working days from the date of receipt of the application, the Performing Arts Administration or the Department of Culture, Sports and Tourism is responsible for issuing the permit. In cases where the permit is not granted, a written response stating the reasons must be provided.”
“2.2. For audiovisual products (recorded on any medium) that are not film works: They must be approved by the Ministry of Culture, Sports and Tourism for content before the enterprise proceeds with import procedures.”

Circular No. 48/2006/TT-BVHTT

- Application documents for content approval include:

Section II Part C has been amended and supplemented at Clause 2.2 as follows:

“2.2. For audiovisual products (recorded on any material) that are not film works: They must be approved by the Ministry of Culture, Sports and Tourism on content before enterprises proceed with import procedures.

- Enterprises eligible for import: Enterprises with functions to engage in the import of music tapes, music discs, stage performances, or other types of audiovisual products (recorded on any material) that are not film works.

+ Application for content approval of the product (Form 8);

+ Certificate of copyright ownership and legal origin of the product (accompanied by a Vietnamese translation);

+ Sample of the product proposed for content approval for import (if the product contains foreign language content, it must be translated into Vietnamese before being submitted to the competent authority for approval).

- Authority responsible for content approval procedures: The Ministry of Culture, Sports and Tourism delegates the Departments of Culture, Sports and Tourism to approve.

- One (01) set of application packages must be submitted directly or sent via postal service.

Within five (05) working days from the date of receiving complete and valid applications, the Department of Culture, Sports and Tourism is responsible for providing a written response on the result of content approval of the product.

5.1. Article 4 of the Regulation on Miss, First Lady, and Beauty Pageant Organization issued together with Decision No. 87/2008/QĐ-BVHTTDL, amended and supplemented at Clause 2 Point a, is as follows:

"2. The application dossier shall include one (01) set comprising:

a) Application form (Form 9);"

5.2. Article 5 of the Regulation on Miss, First Lady, and Beauty Pageant Organization issued together with Decision No. 87/2008/QĐ-BVHTTDL, amended and supplemented at Clause 2 Point a, is as follows:

"2. The competition dossier shall include one (01) set comprising:

a) Registration form for participation in the competition (Form 10);"

5.3. Article 6 of the Regulation on Miss, First Lady, and Beauty Pageant Organization issued together with Decision No. 87/2008/QĐ-BVHTTDL, amended and supplemented at Clause 2 Points a and c, is as follows:

"2. The competition dossier shall include one (01) set comprising:

a) A request letter from the Vietnamese unit sending contestants to participate in the competition (Form 11), which clearly states: Name, time, location of the competition; contestant's name, date of birth, beauty title, and level of English proficiency; commitment to strictly comply with this Regulation, the organizing committee's regulations, and the laws of the host country;"

"c) Registration form for participation in the competition (Form 12); two photographs (4 x 6);"

5.4. Article 8 of the Regulation on Miss, First Lady, and Beauty Pageant Organization issued together with Decision No. 87/2008/QĐ-BVHTTDL, amended and supplemented at Clause 2 Point a, is as follows:

"2. The application dossier submitted by the Vietnamese unit shall include one (01) set comprising:

a) Application form for organizing the Miss International pageant in Vietnam (Form 13)."

5.5. Article 14 of the Regulation on Miss, First Lady, and Beauty Pageant Organization issued together with Decision No. 87/2008/QĐ-BVHTTDL, amended and supplemented at Clause 2, is as follows:

"2. Time limit for resolution:

a) Miss Pageant: Within fifteen (15) working days from the deadline for submission of the dossier;

b) First Lady and Beauty Pageant: Within ten (10) working days from the deadline for submission of the dossier;

c) International Miss Pageant: Within thirty (30) working days from the deadline for submission of the dossier;

d) Sending contestants to participate in the International Miss Pageant: Within five (05) working days from receipt of complete and valid dossier."

III. Fine Arts, Photography, and Exhibitionsfine arts, photography and exhibitions

1. Decision No. 10/2000/QĐ-BVHTT

1.1. The phrase "Department of Fine Arts" stipulated in Decision No. 10/2000/QĐ-BVHTT and the Regulation on Fine Arts Exhibition Activities and Gallery issued together with Decision No. 10/2000/QĐ-BVHTT shall be replaced by "Department of Fine Arts, Photography and Exhibitions".

1.2. Article 6 of the Regulation on Fine Arts Exhibition Activities and Gallery issued together with Decision No. 10/2000/QĐ-BVHTT, amended and supplemented, is as follows:

"Article 6. Competent authority for issuing permits:

1. The Department of Fine Arts, Photography and Exhibitions shall issue permits for:

a) National-level fine arts exhibitions organized by central agencies;

b) Fine arts exhibitions in Vietnam organized by international organizations; foreign organizations or multiple countries representing one or more nations;

c) International fine arts exhibitions in Vietnam organized by Vietnamese organizations or foreign organizations in Vietnam;

d) Activities of exporting fine arts works from Vietnam to exhibitions abroad carried out by central agencies;

e) Activities of exporting fine arts works from Vietnam to exhibitions abroad representing the nation of Vietnam.

2. The Department of Culture, Sports and Tourism shall issue permits for:

a) Local fine arts exhibitions organized by individuals or groups of Vietnamese or foreign individuals;

b) Local or regional fine arts exhibitions organized by central agencies or foreign organizations not within the purview of the Ministry of Culture, Sports and Tourism;

c) Activities of exporting fine arts works from localities to exhibitions abroad not representing the nation of Vietnam carried out by local agencies, organizations, or individuals.

3. Within seven (07) working days from receipt of complete and valid applications, the competent authority shall be responsible for issuing permits. In cases where a permit is not granted, a written response stating the reasons must be provided."

1.3. Article 8 of the Regulation on the Operation of Fine Art Exhibitions and Galleries issued together with Decision No. 10/2000/QĐ-BVHTT shall be amended and supplemented as follows:

"Article 8. Licensing Procedures

1. Licensing Procedure for Organizing Fine Art Exhibitions in Vietnam

Individuals, agencies, and organizations wishing to organize fine art exhibitions in Vietnam must submit directly or send by post one (01) set of application documents for licensing to the competent authority as prescribed in Article 6 of this Regulation.

a) The documents include:

- Application form for a license to organize a fine art exhibition in Vietnam (Form 14) or a letter or diplomatic note;

- List of artworks, authors, materials, and dimensions of the artworks;

- Photographs of the artworks to be exhibited (color photographs with a minimum size of 9cm x 12cm, pasted on A4 paper, accompanied by captions); In case there are foreign language inscriptions in the artwork, a Vietnamese translation must be provided;

- Copies of identity cards (for Vietnamese individuals), passports (for overseas Vietnamese and foreigners). In case of direct submission, the original must be brought along for verification; in case of submission by post, notarized or certified copies must be submitted;

- For exhibitions specified in points b and c, Clauses 1 and 2 of Article 6 of this Regulation, an invitation letter, contract, or agreement between both parties is required.

b) Deadline for submitting the application: at least seven (07) working days before the expected opening date of the exhibition.

2. Licensing Procedure for Exporting Fine Art Works from Vietnam to Participate in Overseas Exhibitions

Individuals, agencies, and organizations wishing to export fine art works from Vietnam to participate in overseas exhibitions must submit directly or send by post one (01) set of application documents for licensing to the competent authority as prescribed in Article 6 of this Regulation.

a) The documents include:

- Application form for a license to export fine art works from Vietnam to participate in overseas exhibitions (Form 15) or a letter or diplomatic note;

- List of artworks, authors, materials, and dimensions of the artworks;

- Photographs of the artworks to be exhibited (color photographs with a minimum size of 9cm x 12cm, pasted on A4 paper, accompanied by captions). In case there are foreign language inscriptions in the artwork, a Vietnamese translation must be provided;

- Copies of identity cards (for Vietnamese individuals), passports (for overseas Vietnamese and foreigners). In case of direct submission, the original must be brought along for verification; in case of submission by post, notarized or certified copies must be submitted;

- Invitation letters, contracts, or agreements between both parties.

b) Deadline for submitting the application: at least seven (07) working days before the expected dispatch date of the artworks.

3. Individuals and organizations applying for licenses must pay fees as prescribed by the Ministry of Finance at the time of application.”

2. Decision No. 29/2000/QĐ-BVHTT

2.1. The term "Department of Fine Arts" stipulated in Decision No. 29/2000/QĐ-BVHTT and the Regulation on Photography Operations issued together with Decision No. 29/2000/QĐ-BVHTT shall be replaced by "Department of Fine Arts, Photography, and Exhibitions".

2.2. Article 5 of the Regulation on Photography Operations issued together with Decision No. 29/2000/QĐ-BVHTT shall be amended and supplemented as follows:

"Article 5. Licensing Authority

1. The Department of Fine Arts, Photography, and Exhibitions shall issue licenses for:

a) National-scale photography exhibitions, contests, and festivals in Vietnam organized by central agencies.

b) Photography exhibitions, contests, and festivals in Vietnam organized by international organizations; organizations from multiple countries representing one or more nations.

c) International photography exhibitions, contests, and festivals in Vietnam organized by Vietnamese organizations or foreign organizations in Vietnam.

d) Activities of exporting photographs from Vietnam to participate in exhibitions, contests, and festivals abroad carried out by central agencies.

e) Activities of exporting photographs from Vietnam to participate in exhibitions, contests, and festivals abroad representing Vietnam.

2. Departments of Culture, Sports, and Tourism shall issue licenses for:

a) Photography exhibitions in localities organized by individuals or groups of Vietnamese or foreign individuals.

b) Photography exhibitions, contests, and festivals in localities organized by central agencies or foreign organizations that do not fall under the jurisdiction of the Ministry of Culture, Sports, and Tourism.

c) Activities of exporting photographs from localities to participate in exhibitions, contests, and festivals abroad representing Vietnam carried out by local agencies, organizations, or individuals."

2.3. Article 6 of the Photography Operation Regulation issued together with Decision No. 29/2000/QĐ-BVHTT shall be amended and supplemented as follows:

"Article 6. Application Procedures

1. Application for Organizing Photography Exhibitions in Vietnam

Individuals, agencies, and organizations wishing to organize photography exhibitions in Vietnam shall submit directly or send via postal service one (01) set of application files for permission to the competent authority specified in Article 5 of the Photography Operation Regulation issued together with Decision No. 29/2000/QĐ-BVHTT.

a) The documents include:

- Application form for organizing photography exhibitions in Vietnam (Form 16) or official letters;

- List of works expected to be exhibited (indicating author's name, work title, material, size, quantity);

- Sample images of works expected to be exhibited (sample prints on photographic paper with minimum size of 9x12cm, sample prints must match the original images in content and annotations);

- Copies of identity cards (for Vietnamese individuals), passports (for overseas Vietnamese and foreigners). In case of direct submission, the original must be brought along for verification; in case of submission by post, notarized or certified copies must be submitted;

b) Deadline for submission of application files: at least seven (07) working days before the planned opening date of the exhibition.

2. Application for Organizing Photography Competitions/Festivals/Conferences in Vietnam

Agencies and organizations wishing to organize photography competitions/festivals/conferences in Vietnam shall submit directly or send via postal service one (01) set of application files to the competent authority specified in Article 5 of the Photography Operation Regulation issued together with Decision No. 29/2000/QĐ-BVHTT.

a) The documents include:

- Application form for organizing photography competitions/festivals/conferences in Vietnam (Form 17);

- Draft announcement of competition/festival/conference rules (indicating purpose, scope, time of organization, participants, competition/festival/conference content; prizes (if any) and other detailed information about the competition/festival/conference).

b) Deadline for submission of application files: at least seven (07) working days before the planned launch and official announcement of the competition/festival/conference.

3. Application for Permission to Export Photographs from Vietnam for Exhibition/Competition/Festival Abroad

Individuals, agencies, and organizations wishing to export photographs from Vietnam for exhibition/competition/festival abroad shall submit directly or send via postal service one (01) set of application files for permission to the competent authority specified in Article 5 of the Photography Operation Regulation issued together with Decision No. 29/2000/QĐ-BVHTT.

a) The documents include:

- Application form for exporting photographs from Vietnam for exhibition/competition/festival abroad (Form 18);

- List of works expected to be exported abroad (indicating author's name, work title, material, size, quantity);

- Sample images of works expected to be exported abroad (minimum size of 9x12cm, sample prints must match the original images in content and annotations);

- Copies of identity cards (for Vietnamese individuals), passports (for overseas Vietnamese and foreigners). In case of direct submission, the original must be brought along for verification; in case of submission by post, notarized or certified copies must be submitted;

- Invitation letter from the foreign side, contract or agreement between both parties.

b) Deadline for submission of application files: at least seven (07) working days before the planned dispatch of photographs.

4. Organizations and individuals applying for permission shall pay fees according to the regulations of the Ministry of Finance at the time of application."

2.4. Article 7 of the Photography Operation Regulation issued together with Decision No. 29/2000/QĐ-BVHTT shall be amended and supplemented as follows:

"Article 7. Time Limit for Issuing Permits

1. The Fine Arts, Photography, and Exhibition Department or the Department of Culture, Sports, and Tourism shall be responsible for issuing permits according to the authority stipulated in this Article 5.

The time limit for issuing permits is seven (07) working days from the date of receipt of complete and valid application files. In cases where a permit is not issued, a written response stating the reasons must be provided."

2. The permit for exporting photographs for exhibitions, competitions, and festivals abroad serves as the basis for customs procedures."

3. Decision No. 05/2000/QĐ-BVHTT

3.1. The term "Fine Arts Department" prescribed in Decision No. 05/2000/QĐ-BVHTT and the Regulation on Management of Monument Construction, Grand Paintings (fine arts section) issued together with Decision No. 05/2000/QĐ-BVHTT shall be replaced by "Fine Arts, Photography, and Exhibition Department".

3.2. Article 13 of the Regulation on Monument and Grand Painting Construction Management (artistic part) issued together with Decision No. 05/2000/QĐ-BVHTT, amended and supplemented in Clause d, is as follows:

"d. The application dossier for obtaining a permit to construct monuments and grand paintings (artistic part)

Organizations and individuals applying for a permit shall submit two (02) sets of application dossiers either directly or through postal service to the Fine Arts, Photography and Exhibition Department or the Department of Culture, Sports and Tourism at the location where the construction project is to be carried out, in accordance with Point c of Article 13 of this Regulation.

The documents include:

- Application form for obtaining a permit to construct monuments and grand paintings (Model No. 1 of the Regulation on Monument and Grand Painting Construction Management issued together with Decision No. 05/2000/QĐ-BVHTT);

- Minutes of the final artistic model selection meeting by the Art Council;

- Approved project dossier;

- Three-dimensional sketch photographs (minimum size 15 x 18 cm) and design plan drawings.

The Fine Arts, Photography and Exhibition Department will review the dossier and issue the permit within twenty (20) working days from the date of receipt of complete and valid dossiers. The Department of Culture, Sports and Tourism will review the dossier and issue the permit within ten (10) working days from the date of receipt of complete and valid dossiers. In case of refusal to issue the permit, a written response stating the reasons must be provided.

The permit for constructing monuments and grand paintings is valid for twelve (12) months from the date of issuance. If the construction is not commenced within this period, the investor must reapply for the permit."

3.3. Article 15 of the Regulation on Monument and Grand Painting Construction Management (artistic part) issued together with Decision No. 05/2000/QĐ-BVHTT, amended and supplemented in Clauses b, c, d, and e, is as follows:

“b. Budget appraisal agency for the artistic part (only applicable for state budget funds):

- For budgets exceeding seven billion (7,000,000,000) VND, the Inter-ministerial Appraisal Board chaired by the Ministry of Culture, Sports and Tourism must conduct the appraisal (the board will have experts to assist);

- For budgets under seven billion (7,000,000,000) VND, the Ministry of Culture, Sports and Tourism (entrusting the Fine Arts, Photography and Exhibition Department to chair) will conduct the appraisal (the department head will have experts to assist);

- Projects with budgets under three hundred million (300,000,000) VND will be appraised by the Department of Culture, Sports and Tourism.

c. Organizations and individuals applying for budget appraisal for the artistic part of monuments and grand paintings shall submit two (02) sets of application dossiers for monument and grand painting construction permits (artistic part) directly or through postal service to the Fine Arts, Photography and Exhibition Department (for budgets from seven billion VND upwards and under seven billion VND); and submit two (02) sets of application dossiers for permit applications directly or through postal service to the Department of Culture, Sports and Tourism at the location of the project requiring appraisal (for budgets under three hundred million VND). The dossier includes:

- A letter requesting budget appraisal for the artistic part from the project investor;

- The budget prepared by the author or jointly by the author and the implementing unit;

- The decision of the competent authority approving the project (if any).

d. Upon completion of the appraisal:

- The appraisal agency must provide the results of the appraisal to the organization or individual requesting it;

- The budget appraisal agency for the artistic part must bear responsibility before the investor and the law for the work results it has performed.

e. The appraisal period is twenty-five (25) working days from the date of receipt of complete and valid dossiers (for projects from seven billion VND upwards); fifteen (15) working days from the date of receipt of complete and valid dossiers (for projects under seven billion VND); and seven (07) working days from the date of receipt of complete and valid dossiers (for projects under three hundred million VND). In case of non-appraisal, the competent authority must provide a written response stating the reasons.”

Decision No. 90/2008/QĐ-BVHTTDL

4.1Article 12 of the Regulation on Sculpture Creation Camp Organization issued together with Decision No. 90/2008/QĐ-BVHTTDL is amended and supplemented as follows:

"Article 12. Application Dossier for Permit Issuance

Organizations and individuals applying for a permit to organize international sculpture creation camps and national sculpture camps shall submit two (02) sets of application dossiers directly or through postal service to the Fine Arts, Photography and Exhibition Department; those applying for a permit to organize domestic sculpture creation camps organized by organizations and individuals in their locality shall submit two (02) sets of application dossiers directly or through postal service to the Department of Culture, Sports and Tourism at the location of the camp. The dossier includes:

1. Application form for permit issuance (Form 19);

2. Project proposal and overall exhibition site planning design approved by the competent state authority.

The content of the project proposal includes:

- Name of the project, organizing unit;

- Purpose, significance, nature, and effectiveness of the project;

- Time and location of the camp;

- Exhibition site location with accompanying floor plan drawing;

- Investment capital, total investment amount;

- Scale of the camp: Number of authors, works;

- Materials, construction solutions, workforce for implementing works;

- Management mechanism, protection, preservation, repair, and exploitation and utilization plans for works;

- Responsibilities and benefits of the authors.

3. Rules for organizing the Sculpture Creation Camp by the Investor."

4.2. Article 13 of the Regulation on the organization of sculpture camps issued together with Decision No. 90/2008/QĐ-BVHTTDL shall be amended and supplemented as follows:

"1. The Fine Arts, Photography and Exhibition Department shall examine, assess, and issue permits. The time limit for issuing a permit is seven (07) working days from the date of receiving complete valid files. The Fine Arts, Photography and Exhibition Department shall be responsible for issuing the permit. In case of not issuing a permit, a written response must be provided stating the reasons.

2. The Department of Culture, Sports and Tourism where the camp is organized shall examine, assess, and issue permits. The time limit for issuing a permit is five (05) working days from the date of receiving complete valid files. The Department of Culture, Sports and Tourism where the camp is organized shall be responsible for issuing the permit. In case of not issuing a permit, a written response must be provided stating the reasons."

IV. Cultural Goods Import and Export

1. Circular No. 36/2002/TT-BVHTT

1.1. Section II shall be supplemented with points c and d at Clause 5 as follows:

“c) Organizations and individuals proposing to import cultural goods shall submit directly or send via postal service one (01) set of application files;

d) The import permit for cultural goods shall have a validity period of thirty (30) days.”

1.2. The phrase “Opinion of the supervising authority” shall be removed from the Application Form for Import Permit for Cultural Goods (Form BM.Đ) (Form 20).

V. Grassroots Cultural Activities

1. Decision No. 62/2006/QĐ-BVHTT

1.1. Article 5 of the Regulation on the Recognition of the Titles "Cultural Family", "Cultural Village", and "Cultural Residential Ward" issued together with Decision No. 62/2006/QĐ-BVHTT shall be amended and supplemented as follows:

“2. The application file for recognizing the title "Cultural Family" includes:

a) A registration form for building the title "Cultural Family";

b) Minutes of the community meeting for assessment accompanied by a list of families proposed for recognition of the title "Cultural Family" (with at least 50% of participants agreeing to the proposal).

One (01) set of application files must be submitted either directly or sent via postal service.

3. Based on the minutes of the community meeting, the Mobilization Board for All People to Build a Cultural Life in the Community proposes the Chairman of the People's Committee of the commune, ward, or town to issue a decision recognizing the title "Cultural Family" annually. The processing time is five (05) working days from the date of receiving complete valid files.”

1.2. Article 9 of the Regulation on the Recognition of the Titles "Cultural Family", "Cultural Village", and "Cultural Residential Ward" issued together with Decision No. 62/2006/QĐ-BVHTT shall be amended and supplemented as follows:

“2. The application file for recognizing or re-recognizing the titles "Cultural Village" and "Cultural Residential Ward" includes:

a) A letter of request from the People's Committee of the commune, ward, or town;

b) A report on achievements over three (03) years of building or maintaining the titles "Cultural Village" and "Cultural Residential Ward", confirmed by the People's Committee of the commune, ward, or town.

One (01) set of application files must be submitted either directly or sent via postal service.

3. Based on the application file for recognizing the titles "Cultural Village" and "Cultural Residential Ward", the Cultural and Information Office shall cooperate with the reward and commendation agency of the district, county, city under province to submit to the People's Committee of the district, county, city under province for issuing a decision recognizing or re-recognizing the titles "Cultural Village" and "Cultural Residential Ward" along with a certificate of the titles "Cultural Village" and "Cultural Residential Ward" according to a periodic cycle of three (03) years once (from the time of registering to build or being recognized the titles "Cultural Village" and "Cultural Residential Ward"). The processing time is five (05) working days from the date of receiving complete valid files.”

VI. Cultural Activities and Public Cultural Service Business Operations

1. Circular No. 04/2009/TT-BVHTTDL

1.1. Supplement Article 4a as follows:

“Article 4a. Procedures for Issuing Fashion Show Performance Permits

Organizations and individuals wishing to organize fashion shows shall submit directly or send via postal service one (01) set of application files for issuing a performance permit to the competent state agency specified in Clause 1 of Article 7 of the Regulation on Cultural Activities and Public Cultural Service Business Operations issued together with Decree No. 103/2009/NĐ-CP.

In cases of refusal, the State Bank will issue a document refusing approval to use foreign currency within the territory and clearly state the reasons.

- Application form for issuing a fashion show performance permit (Form 21).

- Images or design samples of clothing for the fashion show.”

1.2. Supplement Article 6a as follows:

“Article 6a. Procedures for Issuing Festival Organization Permits

Agencies and organizations wishing to organize festivals shall submit directly or send via postal service one (01) application form for issuing a festival organization permit to the Department of Culture, Sports and Tourism where the festival is organized at least thirty (30) working days before the planned opening day of the festival (Form 22).”

1.3. Article 13 is amended and supplemented as follows:

“1. The person applying for a business license for a nightclub shall submit directly or send through postal service one (01) set of application documents for the business license to the Department of Culture, Sports and Tourism; the person applying for a business license for a karaoke establishment shall submit directly or send through postal service one (01) set of application documents for the business license to the Department of Culture, Sports and Tourism or the licensing authority at the district level according to the classification of the People's Committee of the province or centrally governed city.”

1.4. Delete the phrase “Name, signboard of the nightclub (if any)” inForm number 3 application for a business license for a nightclub (Form 23).

1.5. Delete the phrases “Renewal for the first time, renewal for the second time” and “Name, signboard of business” inForm number 4 business license for a nightclub (Form 24).

1.6. Delete the phrases “Renewal” and “This license is valid until the end of day... month... year...” inForm number 5 business license for a karaoke establishment (Form 25).

VII. Tourism  

1. Circular No. 88/2008/TT-BVHTTDL

1.1. Section VI is amended and supplemented as follows:

“4.3. Tourist shopping facilities, tourist catering facilities shall submit one (01) set of application documents for the standard service sign to the Department of Culture, Sports and Tourism.”

1.2. Section VI is amended and supplemented at point 5.2. as follows:

“5.2. At least three months before the expiration date recorded in the decision on the issuance of the standard service sign, the business must submit one (01) set of registration documents to the Department of Culture, Sports and Tourism for review, consideration, and issuance of a new sign.”

1.3. Delete the content “Confirmation of environmental impact report or commitment to environmental protection from the competent authority” at point d clause 1 Section III.

1.4. Amend Appendix 1 promulgated together with Circular No. 88/2008/TT-BVHTTDL regarding Application for ranking of tourism accommodation facilities (Form 26).

2. Circular No. 89/2008/TT-BVHTTDL

2.1. Section I is amended and supplemented at clauses 1 and 2 as follows:

"1. Issuance and amendment of international travel agency business licenses

a) Issuance of international travel agency business license

The enterprise shall submit directly or send through postal service two (02) sets of application documents for the international travel agency business license to the provincial tourism administrative body where the enterprise's main office is located;

The procedures and requirements for issuing the international travel agency business license shall be carried out in accordance with Article 48 of the Tourism Law.

The application for issuance and reissuance of the international travel agency business license shall be implemented according to Form 27 of this Circular; the business plan for international travel agency shall be implemented according to Form 28 of this Circular; the international travel agency business license shall be implemented according to the provisions of Appendix No. 3 of Circular No. 89/2008/TT-BVHTTDL.

b) Amendment of international travel agency business license

Within thirty (30) days from the date of change in any of the contents stipulated in Clause 1 of Article 49 of the Tourism Law, the enterprise shall submit directly or through postal service one (01) set of application documents for amending the international travel agency business license to the central tourism management authority;

The procedures and requirements for amending the international travel agency business license shall be carried out in accordance with Article 49 of the Tourism Law.

The application for amendment of the international travel agency business license shall be implemented according to Form 27 of this Circular.

The related documents specified in point c clause 2 of Article 49 of the Tourism Law include the following: certified true copy of the business registration certificate, notification from the bank regarding changes related to the contents stipulated in Clause 1 of Article 49 of the Tourism Law.

2. Reissuance of international travel agency business license

a) The enterprise shall submit directly or send through postal service an application for reissuance of the international travel agency business license along with a certified true copy of the business registration certificate of the enterprise to the General Administration of Tourism in case the license is lost, burned, destroyed, torn, or damaged.

b) Within five (05) working days from the date of receipt of the application for reissuance of the license as stipulated in point a of this clause, the General Administration of Tourism shall examine and reissue the license for the enterprise."

2.2. Section III is supplemented with Clause 5a as follows:

"5a. The applicant for a tour guide card shall submit directly or send through postal service one (01) set of application documents to one of the Departments of Culture, Sports and Tourism nationwide."

2.3. Amend and supplement Appendix No. 1 promulgated together with Circular No. 89/2008/TT-BVHTTDL concerning Application for issuance, amendment, and reissuance of international travel agency business license (Form 27).

2.4. Amend and supplement Appendix No. 2 promulgated together with Circular No. 89/2008/TT-BHVHTTDL concerning Business Plan for Travel Agency (Form 28).

2.5. Amend and supplement Appendix No. 7 promulgated together with Circular No. 89/2008/TT-BVHTTDL concerning Application for Establishment License of Branch/Representative Office (Form 29).

2.6. Amend and supplement Appendix No. 8 promulgated together with Circular No. 89/2008/TT-BVHTTDL concerning Application for Extension, Amendment, Supplement, and Reissuance of Establishment License of Branch/Representative Office (Form 30).

2.7. Amend and supplement Appendix No. 15 promulgated together with Circular No. 89/2008/TT-BVHTTDL concerning Application for Issuance, Amendment, and Reissuance of Tour Guide Card (Form 31).

Article 3. In all regulations stipulated in Clauses I.1, II.1, II.2, II.3, II.4, III.1, III.2, III.3, IV.1, V.1 of Article 1 of this Circular, the phrases “Ministry of Culture and Information”, “Department of Culture and Information”, “culture and information authority” shall be replaced by “Ministry of Culture, Sports and Tourism”, “Department of Culture, Sports and Tourism”, “cultural, sports and tourism authority”.

Article 4. This Circular takes effect from July 25, 2011.

Article 5. During implementation, if there are any difficulties, organizations and individuals are requested to promptly reflect them to the Ministry of Culture, Sports and Tourism for research and resolution./.