Circular No. 10/2011/TT-BVHTTDL on the organization and operation of Vietnamese Cultural Centers abroad

CIRCULAR

Regulations on the organization and operation of Vietnamese Cultural Centers abroad

ở nước ngoài

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Pursuant to the Law on Representative Offices of the Socialist Republic of Vietnam Abroad 2009;

Pursuant to Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and Ministerial-Level Agencies;

Article 1. Other types of artistic performances

Pursuant to Directive No. 367/CT-TTg dated March 19, 2010 of the Prime Minister on the implementation of the Law on Representative Offices of the Socialist Republic of Vietnam Abroad;

To ensure unified professional management, the Ministry of Culture, Sports and Tourism hereby stipulates the organization and operation of Vietnamese Cultural Centers abroad within its jurisdiction as follows:

Article 1. Scope of Regulation

These Circulars regulate the organization and operation of Vietnamese Cultural Centers abroad (hereinafter referred to as Centers) under the management of the Ministry of Culture, Sports and Tourism.

Article 2. Applicability

1. Organizations and individuals participating in the establishment, organization, and operation of Centers.

2. Organizations and individuals both domestically and abroad related to the performance of Center's tasks.

Article 3. General Principles

The organization and operation of Centers must comply with the following principles:

1. Consistency with the guidelines and policies of the Communist Party of Vietnam, state policies, and laws of the Socialist Republic of Vietnam.

2. Respect for international law, national laws of the host country, and international practices; actively expand diplomatic relations based on the principle of respecting independence, sovereignty, territorial integrity, and ensuring the confidentiality of national security.

3. Ensuring the effectiveness of foreign activities of the Ministry of Culture, Sports and Tourism.

4. Not to exploit Centers for personal gain.

Article 4. Name of the Center

1. Vietnamese: Vietnamese Cultural Center in ... (name of the host country).

2. Name of the Center in the language of the host country.

3. The name in English is Viet Nam Cultural Centre in ... (name of the host country).

Article 5. Position and Functions

1. The Center is a public service unit, a representative body of the Ministry of Culture, Sports and Tourism of Vietnam abroad, having its own bank account and seal.

2. The Center has the function of organizing, promoting, introducing, and promoting Vietnamese culture, images of the country and people abroad; promoting tourism, supporting sports activities; coordinating with Vietnamese diplomatic agencies abroad to develop friendly relations, cooperation, and enhance the understanding of the people of the host country towards Vietnam; providing information on economic and social conditions, policies, and laws of the Communist Party of Vietnam and the Socialist Republic of Vietnam, building relationships between overseas Vietnamese communities and the homeland.

Article 6. Tasks and Powers

The Center shall perform the following tasks and powers:

1. Submit to the Minister of Culture, Sports and Tourism:

a) The Center’s long-term and annual operational plans;

b) Issuing or submitting to competent authorities for issuance mechanisms and preferential policies to support cultural and social institutions of overseas Vietnamese communities, appropriate to each stage, period, diplomatic milestones between Vietnam and the host country, and significant national anniversaries.

2. Organize activities:

a) Cultural, artistic, educational, scientific and technological, tourism promotion, culinary, sports, traditional medicine, and other cultural activities that need to be promoted in the host country;

b) Introducing Vietnam past and present in various aspects of social life;

c) Studying cultural, sports, and tourism exchanges between Vietnam and the host country;

d) Teaching Vietnamese language and arts to maintain Vietnamese language and traditional arts among overseas Vietnamese communities;

đ) Cultural and artistic programs in the host country involving domestic units and overseas Vietnamese communities;

e) Guiding tours and cultural studies for research teams from Vietnam in the host country;

g) Seminars, discussions, exchanges, and talks on Vietnamese and international cultural, artistic, tourism, economic, and social sciences;

h) Informing and promoting cultural, family, sports, and tourism activities when Vietnam participates in the community of overseas Vietnamese.

3. Proposing and implementing investment construction, renovation, and repair of facilities according to assigned tasks by competent authorities based on current Vietnamese regulations on investment and basic construction, and relevant regulations of the host country, consistent with international treaties and agreements between the Socialist Republic of Vietnam and the host country.

4. Studying the experience of organizing activities of foreign cultural institutions in the host country.

5. Cooperating with relevant agencies to implement tasks of compiling and evaluating experiences in building and developing culture, and external cultural information work in the host country and neighboring countries.

6. Cooperating with local authorities of the host country in researching cultural and information needs in the host country and neighboring countries.

7. Managing organizational structures and staffing; implementing salary, bonus systems, and other policies for Center staff as prescribed by law.

8. Recommending appropriate forms of recognition for outstanding achievements of organizations and individuals abroad, and overseas Vietnamese in Center activities.

9. Managing and using technical infrastructure, finance, and assets of the Center in accordance with state regulations.

10. Implementing Vietnamese laws, laws of the host country, and relevant international treaties and agreements concerning the organization and operation of Centers.

11. Implementing reporting requirements to the Minister of Culture, Sports and Tourism and other competent state agencies as prescribed by law.

12. Performing other tasks and powers assigned by the Minister of Culture, Sports and Tourism or as prescribed by law.

Article 7. Organizational Structure and Staffing

1. Depending on each area and foreign affairs requirements, each Center shall include the following main positions:

b) Deputy Director;

b) One Deputy Director;

c) One Head of Office兼任会计；

d) Two specialized staff members responsible for cultural and artistic affairs, tourism promotion, sports activities, library services, global information network (Internet), and information and communication work.

2. The Director of the Center shall be appointed by the Minister of Culture, Sports and Tourism and recommended to the Ministry of Foreign Affairs for diplomatic rank according to the relevant laws.

3. The Director of the Center is responsible for establishing the operational regulations of the Center; organizing their implementation after reaching agreement with the Department of Organization and Cadres, the Department of Planning and Finance, and the International Cooperation Department of the Ministry of Culture, Sports and Tourism.

4. The Director of the Center decides to hire local workers through labor contracts after obtaining written permission from the Minister and complying with the laws of the receiving country. Wages paid to workers should be commensurate with the price level in the receiving country and within the allocated budget. The Director of the Center determines increases or decreases in wages for workers ensuring principles of thrift, efficiency, and reasonableness.

Article 8. Operation Mechanism and Operating Funds

1. The Center is directly managed in terms of professional and technical matters by the Ministry of Culture, Sports and Tourism and guided and instructed on foreign affairs by the Diplomatic Mission or Consular Office of the Socialist Republic of Vietnam in the receiving country.

2. The Center implements financial management systems and manages and uses state assets for Vietnamese agencies abroad in accordance with current Vietnamese laws and those of the receiving country.

3. Sources of operating funds for the Center include:

a) State budget allocations to ensure activities according to assigned functions, tasks, and authorities;

b) Fees and charges, and other lawful revenues retained as prescribed by current laws.

Article 9. Reporting System

1. Periodic Reports:

a) Submitting a mid-year report to the Ministry of Culture, Sports and Tourism (through the International Cooperation Department) before June 10th each year;

b) Submitting an annual summary report to the Ministry of Culture, Sports and Tourism (through the International Cooperation Department) before November 25th each year.

2. Special reports as required by competent authorities or to seek guidance and instructions from superiors.

Article 10. Effective Date

This Circular takes effect from November 11, 2011.

Article 11. Responsibility for Implementation

1. Heads of related agencies and units are responsible for implementing this Circular.

2. The International Cooperation Department of the Ministry of Culture, Sports and Tourism is responsible for guiding and supervising the implementation of this Circular.

3. Any difficulties encountered during implementation should be promptly reported in writing to the Ministry of Culture, Sports and Tourism for study, amendment, and supplementation./.