Decree No. 142/2018/ND-CP amends certain provisions on investment and business conditions within the scope of management of the Ministry of Culture, Sports and Tourism.

 

DECREE

AMENDING SOME PROVISIONS ON CONDITIONS FOR BUSINESS INVESTMENT UNDER THE MANAGEMENT OF THE MINISTRY OF CULTURE, SPORTS AND TOURISM

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

Pursuant to the Investment Law dated November 26, 2014 and the Law Amending and Supplementing Article 6 and Appendix 4 on the List of Industries and Business Fields Subject to Conditions under the Investment Law dated November 22, 2016; conditions of the Investment Law on November 22, 2016;

Pursuant to the Cultural Heritage Law dated June 29, 2001 and the Law Amending and Supplementing Some Provisions of the Cultural Heritage Law June 18, 2009;

Pursuant to the Cinema Law dated June 29, 2006 and the Law Amending and Supplementing Some Provisions of the Cinema Law dated June 18, 2009;

Pursuant to the Law on Physical Culture and Sports dated November 29, 2006;

Pursuant to the Tourism Law dated June 19, 2017;

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

The Government promulgates this Decree amending some provisions on conditions for business investment under the management of the Ministry of CultureSportsRepeals entirely

Article 1. Amend some provisions of the Government's Decree No. 98/2010/NĐ-CP dated September 21, 2010 detailing the implementation of certain articles of the Cultural Heritage Law and the Law Amending and Supplementing Certain Articles of the Cultural Heritage Law

1. Point c Clause 1 Article 25 shall be amended as follows:

"c) Have a shop for display."

2. Repeal point d Clause 1 Article 25.

3. Point a Clause 1 Article 26 shall be amended as follows:

"a) Hold a bachelor's degree or higher in one of the following majors: cultural heritage, history (archaeology, cultural studies), fine arts, Han-Nom, ethnology, ancient anthropology, paleontology (animals, plants), geology; or be a member of a social-professional organization related to the aforementioned majors and have engaged in collecting antiques."

1. Repeal Clause 1 and Clause 3 Article 4.

2. Repeal point e Clause 1 Article 6.

3. Point c Clause 1 Article 14 shall be amended as follows:

"c) Have at least one person holding a Practice Certificate for planning the restoration of relics."

4. Point c Clause 2 Article 14 shall be amended as follows:

"c) Have at least one person holding a Practice Certificate for preparing restoration project plans, economic and technical reports on relic restoration, and design for relic restoration."

5. Point c Clause 3 Article 14 shall be amended as follows:

"c) Have at least one person holding a Practice Certificate for construction work on relic restoration."

6. Point c Clause 4 Article 14 shall be amended as follows:

"c) Have at least one person holding a Practice Certificate for supervising construction work on relic restoration."

The introductory clause of Clause 1 Article 11 shall be amended as follows:

"1. The minimum capital requirement is 200,000,000 VND (two hundred million VND), determined by one of the following documents:"

Article 4. Amend some provisions of the Government's Decree No. 106/2016/NĐ-CP dated July 1, 2016 stipulating conditions for sports business activities

2. Clause 3 of Article 5 is amended as follows:

1. Repeal point b Clause 1 Article 5.

"3. A business operating dangerous sports activities must have the following specialized staff:

b) Rescue personnel;

a) A sports training instructor as prescribed in Article 6 of this Decree;

c) A medical staff on duty or a written agreement with the nearest healthcare facility to provide first aid and emergency care for participants in dangerous sports activities when necessary."

3. Article 6 shall be amended as follows:

"Article 6. Conditions for sports training instructors

A sports training instructor must meet one of the following conditions:

1. Be a coach or athlete suitable for the registered sports activity with a level of Class 2 or higher or equivalent.

2. Hold a diploma in physical education and sports from a college level or higher suitable for the registered sports activity.

3. Have been trained professionally in sports according to the regulations of the Minister of Culture, Sports and Tourism."

4. Repeal Clause 2 Article 7.

5. Point a Clause 3 Article 7 shall be amended as follows:

Article 5. Amending certain provisions of Decree No. 168/2017/ND-CP dated December 31, 2017, detailing some articles of the Tourism Law.

1. Repeal Clause 1 and Clause 7 of Article 22.

2. Clause 1 of Article 23 shall be amended as follows:

"1. The conditions stipulated in Clauses 5 and 6 of Article 22 of this Decree."

3. Clause 1 of Article 24 shall be amended as follows:

"1. The conditions stipulated in Clause 5 of Article 22 and Clause 2 of Article 23 of this Decree."

4. Repeal Clause 2 of Article 24.

5. Repeal Clauses 1, 2, and 5 of Article 25.

6. Clause 4 of Article 25 shall be amended as follows:

"4. The conditions stipulated in Clause 5 of Article 22 of this Decree."

7. Repeal Clause 1 of Article 26.

8. Clause 2 of Article 26 shall be amended as follows:

"2. There must be a reception area for guests and guest rooms; there must be bathrooms and toilets."

9. Clause 3 of Article 26 shall be amended as follows:

"3. The conditions stipulated in Clauses 5 and 6 of Article 22 of this Decree."

10. Repeal Clauses 1 and 4 of Article 27.

11. Clause 2 of Article 27 shall be amended as follows:

"2. There must be accommodation areas for guests; there must be a kitchen, bathroom, and toilet."

12. Clause 1 of Article 28 shall be amended as follows:

"1. There must be a reception area for guests, camping and tent areas, bathrooms, and common sanitation facilities."

13. Repeal Clauses 2 and 5 of Article 28.

14. Clause 3 of Article 28 shall be amended as follows:

"3. There must be an initial first aid cabinet."

Article 6. Amending certain provisions of Decree No. 79/2012/ND-CP dated October 5, 2012, on artistic performances, fashion shows; beauty and model contests; circulation and business of audio and video recordings of music, dance, and stage arts (Decree No. 79/2012/ND-CP) and Decree No. 15/2016/ND-CP dated March 15, 2016, amending and supplementing certain articles of Decree No. 79/2012/ND-CP (Decree No. 15/2016/ND-CP).

1. Repeal the component of the application dossier "– 01 commitment document to fully implement the laws on copyright or a copy of the contract or agreement with the author or copyright owner;" stipulated in Clause 5 of Article 1 of Decree No. 15/2016/ND-CP.

2. Repeal the component of the application dossier "d) 01 commitment document to fully implement the laws on copyright or a copy of the contract or agreement with the author or copyright owner;" stipulated in Clause 14 of Article 1 of Decree No. 15/2016/ND-CP.

Article 7. Amending certain provisions of the Regulation on Cultural Activities and Public Cultural Service Business issued together with Decree No. 103/2009/ND-CP dated November 6, 2009.

"8. Karaoke venues operating in non-concentrated residential areas are not required to comply with sound regulations but must comply with the provisions of Clauses 3, 6, and 7 of this Article."

6. Point a of Clause 1 of Article 35 shall be amended as follows:

"a) Video game stores must be at least 200 meters away from primary schools, junior high schools, and high schools;"

Article 8. Effective date and responsibility for implementation

1. This Decree takes effect from the date of issuance.

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