Decree No. 126/2018/ND-CP stipulates the establishment and operation of foreign cultural institutions in Vietnam.

 DECREE
REGULATIONS ON THE ESTABLISHMENT AND OPERATION OF FOREIGN CULTURAL INSTITUTIONS
IN VIETNAM

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Legislative Acts promulgated on June 22, 2015;

At the proposal of the Minister of Culture, Sports and Tourism;

The Government issues this Decree stipulating the establishment and operation of foreign cultural institutions operating without profit in Vietnam (hereinafter referred to as foreign cultural institutions in Vietnam); responsibilities for state management over foreign cultural institutions in Vietnam.

Chapter I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the establishment and operation of foreign cultural institutions operating without profit in Vietnam according to international treaties on the establishment and operation of foreign cultural institutions in Vietnam; the establishment and operation of foreign cultural institutions in Vietnam not according to international treaties; relevant agencies, organizations, and individuals.

Article 2. Applicability

1. Foreign cultural institutions in Vietnam are established based on international treaties regarding the establishment and operation of foreign cultural institutions in Vietnam.

2. Foreign cultural institutions in Vietnam are established not based on international treaties.

3. Agencies, organizations, and individuals related.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Foreign cultural institutions in Vietnam refer to non-profit organizations operating in the field of culture and certain related fields, permitted by competent state management authorities in Vietnam, established or participated in establishment and organized to operate on Vietnamese territory by foreign organizations or individuals (hereinafter referred to as foreign parties).

2. Managers and staff of foreign cultural institutions in Vietnam are citizens of the country where the headquarters of the foreign cultural institution in Vietnam is located, appointed or recruited to work in Vietnam; Vietnamese citizens and third-country citizens recruited.

3. The legal representative of foreign cultural institutions in Vietnam is a citizen of the country where the headquarters of the foreign cultural institution in Vietnam is located, responsible for managing the activities of the foreign cultural institution in Vietnam.

4. Headquarters refers to the registered location of the foreign cultural institution in Vietnam with competent state management authorities in Vietnam.

5. Branches are subordinate units of foreign cultural institutions in Vietnam located in other provinces or centrally-administered cities outside the headquarters location of the foreign cultural institution in Vietnam.

6. Certificate of Registration is a document issued by competent state management authorities in Vietnam recognizing the establishment and operation of foreign cultural institutions in Vietnam according to international treaties.

7. License is a document issued by competent state management authorities in Vietnam permitting the establishment and operation of foreign cultural institutions in Vietnam not according to international treaties.

8. Certificate is a document issued by competent state management authorities in Vietnam permitting the establishment and operation of branches of foreign cultural institutions in Vietnam.

Article 4. Principles of Operation

1. Foreign cultural institutions in Vietnam may only operate after obtaining the Certificate of Registration or License. Branches of foreign cultural institutions in Vietnam may only operate after obtaining the Certificate. All activities of foreign cultural institutions and their branches in Vietnam must comply with the contents of the Certificate of Registration, License, and Certificate.

2. During the course of operation, foreign cultural institutions in Vietnam must comply with Vietnamese laws, respect Vietnam's independence, sovereignty, territorial integrity, customs, traditions, and culture; they are not allowed to permit any organization or individual to use their name or facilities to oppose the Socialist Republic of Vietnam or harm the legitimate interests of other countries.

3. In cases where they operate in related fields, foreign cultural institutions in Vietnam have the responsibility to comply with the provisions of Vietnamese laws applicable to those fields.

4. Any violation of Vietnamese laws during the course of operation of foreign cultural institutions in Vietnam will be handled according to current laws.

Chapter II
ISSUANCE, RENEWAL, AND EXTENSION OF CERTIFICATES OF REGISTRATION AND LICENSES FOR THE ESTABLISHMENT AND OPERATION OF FOREIGN CULTURAL INSTITUTIONS IN VIETNAM
AND THE OPERATIONS OF FOREIGN CULTURAL INSTITUTIONS IN VIETNAM

Article 5. Documents, procedures, methods, time limits, and authority for issuing the Registration Certificate for the establishment and operation of foreign cultural institutions in Vietnam.

1. The documents include:

a) Application form for the issuance of the Registration Certificate according to Form No. 01 attached to this Decree;

b) Proposed organizational structure and staff;

c) Draft Operating Regulations;

d) Curriculum vitae of the person proposed to be appointed as the legal representative. Any documents in the file that are in a foreign language must be accompanied by a certified Vietnamese translation.

2. Procedures, methods, time limits, and authority:

a) The foreign party applying for the Registration Certificate shall submit directly or by post one set of documents to the Ministry of Culture, Sports and Tourism;

b) In case the documents are incomplete, within five working days from the date of receipt of the documents, the Ministry of Culture, Sports and Tourism will notify the foreign party in writing, either directly, by post, or by email to supplement the documents;

c) Within fifteen working days from the date of receiving complete documents as prescribed, the Minister of Culture, Sports and Tourism shall issue the Registration Certificate according to Form No. 02 attached to this Decree.

3. Validity period of the Registration Certificate:

a) If an international treaty specifies the validity period, the validity period of the Registration Certificate shall be based on the validity period of that international treaty and may be extended according to Article 7 of this Decree;

b) If an international treaty does not specify the validity period, the validity period of the Registration Certificate is five years and may be extended, with each extension not exceeding five years, according to Article 7 of this Decree.

Article 6. Documents, procedures, methods, time limits, and authority for reissuing the Registration Certificate for the establishment and operation of foreign cultural institutions in Vietnam.

1. The Registration Certificate shall be reissued in one of the following cases:

a) It is torn, damaged, or lost;

b) There is a change in name, headquarters location, legal representative, or content of activities when an international treaty has relevant provisions.

2. Documents include:

a) Application form for reissuance according to Form No. 03 attached to this Decree;

b) The Registration Certificate (in the case of tearing or damage);

c) A certified copy of the Registration Certificate and supporting documents proving the changes (as specified in point b, Clause 1 of this Article). Any documents in the file that are in a foreign language must be accompanied by a certified Vietnamese translation.

3. Procedures, methods, time limits, and authority:

a) Foreign cultural institutions in Vietnam shall submit directly or by post one set of documents to the Ministry of Culture, Sports and Tourism;

b) In case the documents are incomplete, within five working days from the date of receipt of the documents, the Ministry of Culture, Sports and Tourism will notify the foreign cultural institution in writing, either directly, by post, or by email to supplement the documents;

c) Within seven working days from the date of receiving complete documents as prescribed, the Minister of Culture, Sports and Tourism shall reissue the Registration Certificate. In case of refusal, it must be replied in writing, stating the reasons.

Article 7. Documents, procedures, methods, time limits, and authority for extending the Registration Certificate for the establishment and operation of foreign cultural institutions in Vietnam.

1. The documents include:

a) Application for extension according to Form No. 03 attached to this Decree;

b) Report on the results of the operations of the foreign cultural institution in Vietnam from the date of obtaining the Registration Certificate to the date of requesting the extension. Any documents in the file that are in a foreign language must be accompanied by a certified Vietnamese translation.

2. Procedures, methods, time limits, and authority:

a) At least forty-five working days before the expiration date of the Registration Certificate, the foreign cultural institution in Vietnam wishing to extend the Registration Certificate shall submit directly or by post one set of documents to the Ministry of Culture, Sports and Tourism;

b) In case the documents are incomplete, within five working days from the date of receipt of the documents, the Ministry of Culture, Sports and Tourism will notify the foreign cultural institution in writing, either directly, by post, or by email to supplement the documents;

c) Within fifteen working days from the date of receiving complete documents as prescribed, the Minister of Culture, Sports and Tourism shall extend the Registration Certificate. In case opinions of related agencies need to be sought, the above time limit may be extended but not more than thirty working days. In case of refusal, it must be replied in writing, stating the reasons.

Article 8. Conditions, documents, procedures, methods, time limits, and authority for issuing the Permit to establish and operate foreign cultural institutions in Vietnam.

1. A foreign entity is permitted to establish a foreign cultural institution in Vietnam when it meets all of the following conditions:

a) Having clear objectives and purposes of operation;

b) Having a project to establish a foreign cultural institution in Vietnam;

c) Having a financial plan to ensure funding for the operation of the foreign cultural institution in Vietnam;

d) Having legal personality (for organizations).

2. Documents include:

a) An application form for the Permit according to Model No. 04 attached to this Decree;

b) A certified copy of the certificate of legal personality (for organizations) or criminal record or equivalent document (for individuals) legalized by consular authentication;

c) Proposed organizational structure and staffing, draft operational regulations of the foreign cultural institution in Vietnam;

d) Criminal record (or equivalent document) of the person proposed to be appointed as the legal representative of the foreign cultural institution in Vietnam issued by the competent authority of the country where the foreign cultural institution is established and legalized by consular authentication. If the proposed appointee has resided in Vietnam for more than six months, a criminal record from the competent authority of Vietnam must also be provided.

Documents in the file that are in a foreign language must be accompanied by a certified Vietnamese translation.

3. Procedures, methods, time limits, and authority:

a) The foreign entity submitting the application for the Permit shall submit one set of the file directly or by post to the Ministry of Culture, Sports and Tourism;

b) In case the documents are incomplete, within five working days from the date of receipt of the documents, the Ministry of Culture, Sports and Tourism will notify the foreign party in writing, either directly, by post, or by email to supplement the documents;

c) Within forty-five working days from the date of receipt of the complete file as prescribed, the Minister of Culture, Sports and Tourism shall issue the Permit according to Model No. 05 attached to this Decree, after soliciting opinions from relevant agencies and obtaining the approval of the Prime Minister. In case of refusal, a written response with detailed reasons must be provided.

4. Validity period of the Permit: The validity period of the Permit is five years and may be extended, with each extension not exceeding five years as stipulated in Article 10 of this Decree.

Article 9. Documents, procedures, methods, time limits, and authority for reissuing the Permit to establish and operate foreign cultural institutions in Vietnam.

1. The Permit may be reissued under one of the following circumstances:

a) It is torn, damaged, or lost;

b) Changes in name, headquarters location, or legal representative;

c) Supplementing activities listed in the Permit.

2. Documents include:

a) Application form for reissuance according to Form No. 03 attached to this Decree;

b) The Permit (in cases of damage or deterioration);

c) A certified copy of the Permit and supporting documents proving changes or supplements (as specified in points b and c of Clause 1 of this Article).

Documents in the file that are in a foreign language must be accompanied by a Vietnamese translation.

3. Procedures, methods, time limits, and authority:

a) Foreign cultural institutions in Vietnam shall submit directly or by post one set of documents to the Ministry of Culture, Sports and Tourism;

b) In case the documents are incomplete, within five working days from the date of receipt of the documents, the Ministry of Culture, Sports and Tourism will notify the foreign cultural institution in writing, either directly, by post, or by email to supplement the documents;

c) For cases specified in point a and point b of Clause 1 of this Article, within seven working days from the date of receipt of the complete file as prescribed, the Minister of Culture, Sports and Tourism shall reissue the Permit;

d) For cases specified in point c of Clause 1 of this Article, within thirty working days from the date of receipt of the complete file as prescribed, the Minister of Culture, Sports and Tourism shall reissue the Permit after soliciting opinions from relevant agencies. In case of refusal, a written response with detailed reasons must be provided.

Article 10. Documents, procedures, methods, time limits for resolution, and authority to extend the Permit for establishment and operation of foreign cultural institutions in Vietnam.

1. The documents include:

a) Application for extension according to Form No. 03 attached to this Decree;

b) Report on the results of operations of the foreign cultural institution from the date the Permit was issued until the date of the extension request.

Documents in the file that are in a foreign language must be accompanied by a Vietnamese translation.

2. Procedures, methods, time limits, and authority:

a) At least 45 working days before the Permit expires, the foreign cultural institution in Vietnam that wishes to extend the Permit shall submit directly or by post one set of documents to the Ministry of Culture, Sports and Tourism.

b) In case the documents are incomplete, within five working days from the date of receipt of the documents, the Ministry of Culture, Sports and Tourism will notify the foreign cultural institution in writing, either directly, by post, or by email to supplement the documents;

c) Within 15 working days from the date of receipt of complete documents as prescribed, the Minister of Culture, Sports and Tourism shall extend the Permit. In cases where opinions of relevant agencies need to be sought, this period may be extended but not exceeding 30 working days. In case of refusal, a written response must be provided, clearly stating the reasons.

Chapter III
BRANCHES OF FOREIGN CULTURAL INSTITUTIONS IN VIETNAM

Article 11. Conditions for establishment and operation

1. A foreign cultural institution in Vietnam may establish a branch when meeting the following conditions:

a) Having operated in Vietnam for at least two years;

b) Complying with Vietnamese laws and current regulations.

2. The branch of a foreign cultural institution in Vietnam does not have legal personality, is subject to management, direction, and operates under the authorization of the foreign cultural institution in Vietnam.

Article 12. Documents, procedures, methods, time limits for resolution, and authority to issue the Certificate

1. The documents include:

a) Application form for establishing a branch of a foreign cultural institution in Vietnam according to Form No. 06 attached to this Decree;

b) Copy of the Registration Certificate or Permit for establishment and operation of the foreign cultural institution in Vietnam;

c) Report on the results of operations of the foreign cultural institution in Vietnam from the date of issuance of the Registration Certificate or Permit until the date of the establishment request;

d) Criminal record (or equivalent document) of the person proposed to be appointed as head of the branch of the foreign cultural institution in Vietnam, issued by the competent authority of the country where the foreign cultural institution in Vietnam is located and legalized by consular authentication. If the proposed appointee has resided in Vietnam for more than six months, a criminal record issued by the competent authority of Vietnam is required.

Documents in the file that are in a foreign language must be accompanied by a Vietnamese translation.

The foreign cultural institution in Vietnam requesting the Certificate shall submit directly or by post one set of documents to the Ministry of Culture, Sports and Tourism.

b) In case the documents are incomplete, within five working days from the date of receipt of the documents, the Ministry of Culture, Sports and Tourism will notify the foreign cultural institution in writing, either directly, by post, or by email to supplement the documents;

c) Within 40 working days from the date of receipt of complete documents as prescribed, the Minister of Culture, Sports and Tourism shall issue the Certificate according to Form No. 07 attached to this Decree, after seeking the opinions of the People's Committee of the province or centrally governed city where the branch is planned to be established and other relevant agencies. In case of refusal, a written response must be provided, clearly stating the reasons.

3. Validity period of the Certificate:

The validity period of the Certificate for establishment and operation of the branch shall be applied as stipulated in Clause 3, Article 5 and Clause 4, Article 8 of this Decree for the Registration Certificate or Permit for establishment and operation of the foreign cultural institution in Vietnam, ensuring it does not exceed the validity period of the Registration Certificate or Permit.

Article 13. Documents, procedures, methods, time limits, and authority for reissuing the Certificate

1. The Certificate shall be reissued in one of the following cases:

a) It is torn, damaged, or lost;

b) Changing the contents of the Certificate.

2. Documents include:

a) Application form for reissuance according to Form No. 03 attached to this Decree;

b) The Certificate (in the case of being torn or damaged);

c) The Certificate and documents proving the change (in the case provided for in point b, Clause 1 of this Article).

Documents in the file that are in a foreign language must be accompanied by a Vietnamese translation.

a) A foreign cultural institution in Vietnam requesting to reissue the Certificate shall submit directly or by post one set of documents to the Ministry of Culture, Sports and Tourism;

b) In case the documents are incomplete, within five working days from the date of receipt of the documents, the Ministry of Culture, Sports and Tourism will notify the foreign cultural institution in writing, either directly, by post, or by email to supplement the documents;

c) In the case provided for in point a, Clause 1 of this Article, within seven working days from the date of receiving all required documents, the Minister of Culture, Sports and Tourism shall reissue the Certificate according to Model No. 07 attached to this Decree;

d) In the case provided for in point b, Clause 1 of this Article, within fifteen working days from the date of receiving all required documents, the Minister of Culture, Sports and Tourism shall reissue the Certificate according to Model No. 07 attached to this Decree. If opinions of relevant agencies need to be sought, the above period may be extended but not exceeding thirty working days. In case of refusal, a written response must be given, clearly stating the reasons.

Article 14. Documents, procedures, methods, time limits, and authority for extending the Certificate

1. The documents include:

a) Application for extension according to Form No. 03 attached to this Decree;

b) Report on the results of branch activities from the date of obtaining the Certificate until the date of requesting extension.

Documents in the file that are in a foreign language must be accompanied by a Vietnamese translation.

a) At least forty-five working days before the expiry date of the Certificate, a foreign cultural institution in Vietnam wishing to extend the Certificate shall submit directly or by post one set of documents to the Ministry of Culture, Sports and Tourism;

b) In case the documents are incomplete, within five working days from the date of receipt of the documents, the Ministry of Culture, Sports and Tourism will notify the foreign cultural institution in writing, either directly, by post, or by email to supplement the documents;

c) Within fifteen working days from the date of receiving all required documents, the Minister of Culture, Sports and Tourism shall extend the Certificate. If opinions of relevant agencies need to be sought, the above period may be extended but not exceeding thirty working days. In case of refusal, a written response must be given, clearly stating the reasons.

Chapter IV
ACTIVITIES OF FOREIGN CULTURAL INSTITUTIONS IN VIETNAM

Article 15. Content of Activities

1. Organizing activities in the field of culture and arts including: Exhibitions; artistic performances; film screenings; art competitions, organizing creative camps; festivals, celebrations; events on holidays and anniversaries; conferences, seminars, consultations, roundtables, lectures; clubs; training in culture and arts.

2. Organizing activities in other related fields.

Article 16. Organization of Activities

1. For activities that Vietnamese laws require a permit, foreign cultural institutions in Vietnam must comply with the provisions of specialized laws.

2. For activities not covered under Clause 1 of this Article:

a) At least ten working days before organizing activities, foreign cultural institutions in Vietnam have the responsibility to notify in writing the People's Committee of the province or centrally governed city where the activity is planned to take place;

b) The notification letter shall clearly state: time, location, content of the activity, participants;

c) In case of disagreement with organizing the activity, within five working days from the date of receipt of the notification, the People's Committee of the province or centrally governed city where the activity is planned to take place must respond in writing, clearly stating the reasons.

3. Annually before December 10th, foreign cultural institutions in Vietnam must submit a written report on the results of their activities up to November 30th of the year and the planned activities for the next year to the Ministry of Culture, Sports and Tourism, and the People's Committee of the province or centrally governed city where their headquarters are located.

4. Foreign cultural institutions in Vietnam have the responsibility to report in writing when requested by competent authorities in Vietnam.

5. Foreign cultural institutions in Vietnam have the responsibility to notify the Ministry of Culture, Sports and Tourism and the People's Committee of the province or centrally governed city where their branch is located and where the activity is planned about the content of the activity and the duration of authorization for the branch. The branch can only operate according to the authorized content and duration. The content of the branch's activities must not exceed the scope of activities of the foreign cultural institution in Vietnam as stipulated in the registered Certificate and issued Permit.

Article 17. Rights and Obligations of Foreign Cultural Institutions in Vietnam

1. Rights of foreign cultural institutions in Vietnam:

a) Organize activities according to the contents of the Registration Certificate and License;

b) Lease land and houses for headquarters and equipment to serve activities and living;

c) Open accounts in foreign currency and Vietnamese currency at commercial banks;

d) Import, temporarily import for re-export, transfer, and liquidate necessary equipment and facilities for activities and living in accordance with Vietnamese laws;

đ) Hire Vietnamese citizens and third-country citizens as workers;

e) Establish relations with relevant agencies in Vietnam during their operations;

g) During the period of operation in Vietnam, foreign cultural institutions and branches in Vietnam, managers, and employees shall be guaranteed by the Vietnamese State their lawful rights and interests in accordance with Vietnamese laws and international treaties to which Vietnam is a member.

2. Obligations of foreign cultural institutions in Vietnam:

a) Organize activities strictly according to the contents of the Registration Certificate or License;

b) Create conditions for Vietnamese workers at foreign cultural institutions and branches in Vietnam to join political organizations, political-social organizations, and other associations in accordance with Vietnamese laws;

c) Facilitate the inspection and supervision work of competent authorities in Vietnam;

d) Not provide guarantees or visa applications for individuals not serving the activities of foreign cultural institutions in Vietnam;

đ) Notify the Ministry of Culture, Sports and Tourism and the People's Committee of the province or centrally-administered city where the branch is located and where planned activities will take place about the content and duration of authorization for the branch;

e) Implement regular reporting systems and when requested.

Article 18. Legal Representative, Managers, and Employees of Foreign Cultural Institutions

1. Foreign cultural institutions in Vietnam shall notify the Ministry of Culture, Sports and Tourism and the People's Committee of the province or centrally-administered city where the headquarters is located about the legal representative, managers, and employees, as well as the start and end times of their working periods.

2. The legal representative, managers, and employees of foreign cultural institutions in Vietnam, as well as their parents, spouses, and children, shall comply with Vietnamese laws and regulations during their stay and work in Vietnam.

1. Foreign cultural institutions and branches in Vietnam shall be suspended from operating for a limited time upon decision by the Minister of Culture, Sports and Tourism if they violate any of the following cases:

a) Engaging in fraudulent behavior to establish and operate;

b) Violating cultural laws subject to administrative penalties requiring suspension of operations;

c) Other cases as prescribed by law.

2. Foreign cultural institutions and branches may resume operations after rectifying the violations leading to suspension.

3. Procedures, methods, time limits, and authority:

a) After the suspension period ends, foreign cultural institutions and branches wishing to continue operations must directly send or mail to the Ministry of Culture, Sports and Tourism a report on the results of rectifying violations and a request to resume operations (foreign language documents must be accompanied by a Vietnamese translation);

b) Within thirty working days from the date of receipt of the report on the results of rectifying violations and the request to resume operations, the Minister of Culture, Sports and Tourism shall decide whether to allow foreign cultural institutions and branches to resume operations. In case of refusal, a written response must be provided, stating the reasons.

Article 20. Termination of Operations

1. Foreign cultural institutions and their branches in Vietnam shall terminate operations upon request from the foreign side.

2. Foreign cultural institutions and their branches in Vietnam shall be terminated under any of the following circumstances:

a) Expiration of the term specified in the Registration Certificate, Permit, or Certificate without renewing the procedures as prescribed in this Decree;

b) Inactivity for a period of 12 months after being issued the Registration Certificate, Permit, or Certificate;

c) Expiration of the suspension period recorded in the decision to suspend operations without remedying the cause leading to such suspension;

d) Violation of Clause 2, Article 4 of this Decree and being administratively punished with the form of revocation of the Registration Certificate, Permit, or Certificate, or being criminally prosecuted.

3. The branch shall terminate operations when the foreign cultural institution in Vietnam terminates its operations.

4. Within 45 working days from the date of termination of operations, the legal representative of the foreign cultural institution in Vietnam must complete all related procedures according to Vietnamese law, including: payment of debts, taxes, salaries, social insurance, rent; liquidation of assets, contracts; return of the Registration Certificate, Permit, Certificate, and seals to the Ministry of Culture, Sports and Tourism. In special cases, this period may be extended but not exceeding 60 working days.

Chapter V
STATE MANAGEMENT RESPONSIBILITIES FOR FOREIGN CULTURAL INSTITUTIONS
IN VIETNAM

Article 21. Responsibilities of the Ministry of Culture, Sports and Tourism

1. State management over foreign cultural institutions in Vietnam.

3. Conducting inspection and supervision of the activities of foreign cultural institutions in Vietnam.

4. Compiling and reporting to the Prime Minister on the situation and results of operations of foreign cultural institutions in Vietnam annually and when requested.

Article 22. Responsibilities of Ministries, Agencies Equivalent to Ministries, and Government Agencies

Cooperating with the Ministry of Culture, Sports and Tourism to implement state management over the activities of foreign cultural institutions in Vietnam within their assigned authority, functions, and responsibilities.

1. Managing branches of foreign cultural institutions in Vietnam located in their localities.

2. Coordinating with the Ministry of Culture, Sports and Tourism and relevant agencies to manage foreign cultural institutions in Vietnam and activities organized by foreign cultural institutions and their branches in Vietnam in their localities.

3. Compiling and reporting to the Ministry of Culture, Sports and Tourism on the situation and results of operations of foreign cultural institution branches in Vietnam when requested.

Chapter VI
IMPLEMENTING PROVISIONS

Article 24. Transitional Provisions

Within a period not exceeding 12 months from the date this Decree takes effect, foreign cultural institutions and their branches already established and operating in Vietnam shall continue their operations while having the responsibility to complete the procedures to obtain reissued Registration Certificates, Permits, and Certificates in accordance with this Decree.

Article 25. Effective Date

1. This Decree takes effect from November 5, 2018.

2. Decree No. 18/2001/NĐ-CP dated May 4, 2001 of the Government regarding the establishment and operation of foreign cultural and educational institutions in Vietnam ceases to be effective from the date this Decree takes effect.

Article 26. Responsibility for Implementation

1. The Ministry of Culture, Sports and Tourism is responsible for organizing the implementation and supervising the enforcement of this Decree.

2. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decree./.

 

ANNEX

(Attached to Decree No. 126/2018/NĐ-CP dated September 20, 2018 of the Government)

 

Form No. 01

 

PETITION FOR APPLICATION

Issuance of Registration Certificate for Establishment and Operation of Foreign Cultural Institutions in Vietnam

Respectfully submitted to: Ministry of Culture, Sports and Tourism.

Based on Decree No.... /2018/NĐ-CP dated... /../2018 of the Government of the Socialist Republic of Vietnam concerning the establishment and operation of foreign cultural institutions in Vietnam;

Based on ...(2)...;

...(1)...respectfully requests the Ministry of Culture, Sports and Tourism to issue a Registration Certificate for the establishment and operation of ...(3)...with the following contents:

1. Name of Foreign Cultural Institution in Vietnam

- In Vietnamese: ...

- In English or in the national language of the proposing agency: ...

- Abbreviation (if any): ...

- Address (proposed): ...

- Telephone: ... Fax: ... E-mail: ... Website: ...

2. Purpose and Objectives of the Foreign Cultural Institution in Vietnam: ...

3. Content of Registration for Activities of the Foreign Cultural Institution in Vietnam: ...

4. Legal Representative's Name of the Foreign Cultural Institution in Vietnam: ...

- Gender: Male/Female ...

- Date of Birth: .../.../... Nationality ...

- Passport Number: ...

Date of Issue: .../.../... Place of Issue: ...

Expiry Date: .../.../...

Enclosed with this Application are:

(1) Draft Operating Regulations;

(2) Proposed Organizational Structure;

(3) Curriculum Vitae of the Legal Representative of the Foreign Cultural Institution in Vietnam.

 

Note:

(1) Name of the agency requesting issuance of the Registration Certificate;

(2) Name of the international treaty on the establishment and operation of foreign cultural institutions in Vietnam;

(3) Name of the foreign cultural institution in Vietnam.

 

Form No. 02

 

CERTIFICATE OF REGISTRATION FOR ESTABLISHMENT AND OPERATION

OF …(1)…

Number: …(2)…

At the proposal of the Director of the Cinema Department.

Pursuant to Decree No. …/2018/NĐ-CP dated...month...year 2018 of the Government stipulating the establishment and operation of foreign cultural institutions in Vietnam;

Pursuant to …(3)…

Issuing the Certificate of Registration for Establishment and Operation to …(1)…with the following contents:

1. Name of the foreign cultural institution in Vietnam (Vietnamese): …(1)…

- Name in foreign language (if applicable): …

- Abbreviation (if any): ...

- Address: ...

- Telephone: …Fax …Email: …Website: …

- Legal representative:…

+ Full name: …

+ Date of birth: …/…/…Nationality …

+ Passport number: …

+ Date of issue …/…/…Place of issue: …

+ Expiry date …/…/…

+ Address of registered residence in Vietnam: (if applicable) …

2. Content of activities: …

3. The Certificate of Registration is valid from the date …month …year …to the date …month …year …

4…(1)…shall operate in accordance with the provisions of Decree No. …/2018/NĐ-CP dated …month ... year 2018 of the Government stipulating the establishment and operation of foreign cultural institutions in Vietnam and other relevant provisions of Vietnamese law./.

 

Note:

(1) Name of the foreign cultural institution in Vietnam;

(2) Number of the Certificate of Registration;

(3) Name of the international treaty on the establishment of foreign cultural institutions in Vietnam;

 

Implementation Report of Production Projects of Supporting Industry Products Confirmed with Incentives

 

PETITION FOR APPLICATION

Reissue/Renewal of the Certificate of Registration/License/Certificate of Establishment and Operation of ...........(2)/(3)...........

Respectfully submitted to: Ministry of Culture, Sports and Tourism.

...(2)/(3)... which was issued License/Certificate of Registration/License No. …on ... month ... year …by the Ministry of Culture, Sports and Tourism

...(1)... respectfully requests the Ministry of Culture, Sports and Tourism to reissue/renew the Certificate of Registration/License/Certificate for …(2)/(3)... with the following contents:

Requested content: …(4)…

Reason: …(5)…

...(1)... hereby commits:

1. To be responsible for the truthfulness and accuracy of the requested content.

2. To strictly comply with all relevant Vietnamese laws concerning foreign cultural institutions in Vietnam./.

 

Note:

(1) Name of the agency, organization, or individual who has proposed the establishment of a foreign cultural institution in Vietnam or the foreign cultural institution in Vietnam;

(2) Name of the foreign cultural institution in Vietnam;

(3) Name of the branch of the foreign cultural institution in Vietnam;

(4) Requested content (reissue or renewal);

(5) Reason for request (reissue or renewal).

 

Form number 04

 

PETITION FOR APPLICATION

Issuing the License for Establishment and Operation of Foreign Cultural Institutions in Vietnam

Respectfully submitted to: Ministry of Culture, Sports and Tourism.

Based on Decree No.... /2018/NĐ-CP dated... /../2018 of the Government of the Socialist Republic of Vietnam concerning the establishment and operation of foreign cultural institutions in Vietnam;

- For agencies, organizations:

+ Name of the foreign agency, organization (1): …

+ Certificate of establishment or decision to establish: …

+ Main office address abroad: …

+ Telephone: …Fax …E-mail …Website: …

+ Current field of activity: …

+ Summary of development of the foreign agency, organization: …

- For persons:

+ Full name: ...(2)…

+ Date of birth: …

+ Nationality: …

+ Permanent address abroad: …

+ Passport number: …issued on ... month ... year …by the issuing authority …

+ Criminal record number (or equivalent document): …issued on ... month ... year …by the issuing authority       

…(1) or (2)…respectfully requests the Ministry of Culture, Sports and Tourism to issue a License for Establishment and Operation for ...(3)... with the following contents:

1. Name of the foreign cultural institution in Vietnam

- In Vietnamese: ...

- In English or in the national language of the proposing agency: ...

- Abbreviation (if any): ...

- Proposed address: …

- Telephone: ... Fax: ... E-mail: ... Website: ...

2. Purpose and Objectives of the Foreign Cultural Institution in Vietnam: ...

3. Content of activities of the foreign cultural institution in Vietnam: …

4. Legal Representative's Name of the Foreign Cultural Institution in Vietnam: ...

- Gender: Male/Female ...

- Born on …/…/…Nationality: …

- Passport Number: ...

- Date of issue .../…/…Issuing authority: …

- Expiry date …/…/…:…

- Place of permanent registration abroad (for individuals requesting): …

- Address of registered residence in Vietnam: (if applicable) …

…(1) or (2)…certifies that the above information is entirely true…(1) or (2)…will fully comply with Vietnamese laws.

Enclosed with this Application are:

(1) Copy of the certificate of legal entity status of the agency, organization named in the request or criminal record (or equivalent document) of the individual named in the request;

(2) Draft Operating Regulations;

(3) Proposed organizational structure;

(4) Criminal record (or equivalent document) of the person proposed to be appointed as the legal representative (in case of an individual requesting to establish a foreign cultural institution in Vietnam); or the record of the person proposed to be appointed as the legal representative, confirmed by the competent authority (in case of an agency, organization requesting to establish a foreign cultural institution in Vietnam).

 

Note:

(1) Name of the agency, organization requesting the License (For agencies, organizations);

(2) Full name of the individual requesting the License (For individuals);

(3) Name of the foreign cultural institution in Vietnam.

 

Form number 05

 

LICENSE FOR ESTABLISHMENT AND OPERATION
OF …(1)…
Number: ....................(2)......................

At the proposal of the Director of the Cinema Department.

Pursuant to Decree No. …/2018/NĐ-CP dated...month...year 2018 of the Government stipulating the establishment and operation of foreign cultural institutions in Vietnam;

Issuing the License for Establishment and Operation to …(1)…with the following contents:

1. Name of the foreign cultural institution in Vietnam (Vietnamese): …(1)…

- Name in foreign language (if applicable): …

- Abbreviation (if any): ...

- Address: ...

- Telephone: …Fax …Email: …Website: …

- Legal representative:…

+ Full name: …

+ Date of birth: …/…/…Nationality …

+ Passport number: …

+ Date of issue …/…/…Place of issue: …

+ Expiry date …/…/……:…

+ Address of registered residence in Vietnam: (if applicable) …

2. Content of activities: …

3. The License is valid from the date …month …year …to the date ... month ... year …

4…(1)…shall operate in accordance with the provisions of Decree No. ……/2018/NĐ-CP dated …month ... year 2018 of the Government stipulating the establishment and operation of foreign cultural institutions in Vietnam and other relevant provisions of Vietnamese law./.

 

Note:

(1) Name of the foreign cultural institution in Vietnam;

(2) Number of the License.

 

Form number 06

 

PETITION FOR APPLICATION

Issuing the Certificate of Establishment and Operation for Branch …(1)…

Respectfully submitted to: Ministry of Culture, Sports and Tourism.

...(1)... was issued Certificate of Registration/License No. on ... month ... year …by the Ministry of Culture, Sports and Tourism

...(1)... respectfully requests the Ministry of Culture, Sports and Tourism to permit the establishment of a branch as follows:

1. Name of the branch of the foreign cultural institution in Vietnam

- In Vietnamese: ...

- In English or in the national language of the proposing agency: ...

- Abbreviation (if any): ...

- Proposed address: …

- Telephone:…Fax…E-mail…Website: …

2. Purpose and objectives of the branch of the foreign cultural institution in Vietnam: ...

3. Content of activities of the branch of the foreign cultural institution in Vietnam: …

4. Name of the head of the branch of the foreign cultural institution in Vietnam: …

- Gender: Male/Female ...

- Born on .../.../... Nationality: …

- Passport Number: ...

- Date of issue …/…/…Issuing authority:…

- Expiry date …/…/ …

- Place of permanent registration abroad (for foreign cultural institutions established by individuals):        

- Address of registered residence in Vietnam: (if applicable) …

…(1)…certifies that the above information is entirely true…(1)... will fully comply with Vietnamese laws.

 

Note:

(1) Name of the foreign cultural institution in Vietnam.

 

Form No. 07

 

CERTIFICATE OF ESTABLISHMENT AND OPERATION

OF …(1)…

Number: …(2)…

At the proposal of the Director of the Cinema Department.

Pursuant to Decree No. …/2018/NĐ-CP dated...month...year 2018 of the Government stipulating the establishment and operation of foreign cultural institutions in Vietnam;

Pursuant to the Registration Certificate/Permit issued by …(3)…

Issuing the Establishment and Operation Certificate for …(1) …with the following contents:

1. The Branch Name of the Foreign Cultural Institution in Vietnam (in Vietnamese): …(1) …

- Name in foreign language (if applicable): …

- Abbreviation (if any): ...

- Address: ...

- Telephone: …Fax …Email: …Website: …

- Head of the branch:…

+ Full name: …

+ Date of birth: …/…/…Nationality …

+ Passport number: …

+ Date of issue …/…/…Place of issue: …

+ Expiry date …/…/……:…

+ Address of registered residence in Vietnam: (if applicable) …

2. Content of activities: …

3. The Certificate is valid from the date of …month …year …to the date of …month …year …

4…(1)…does not have legal personality, operates according to the scope and duration of authorization granted by …(3)…, as stipulated in Decree No. …/2018/NĐ-CP dated …month …year 2018 of the Government on the establishment and operation of foreign cultural institutions in Vietnam and other relevant provisions of Vietnamese law./.

 

Note:

(1) Name of the branch of the foreign cultural institution in Vietnam;

(2) Certificate Number;

(3) Name of the foreign cultural institution in Vietnam.