Decree No. 31/2024/NĐ-CP amends and supplements some articles of Decree No. 01/2012/NĐ-CP, Decree No. 61/2016/NĐ-CP, and Decree No. 36/2019/NĐ-CP.

DECREE

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF DECREE NO. 01/2012/NĐ-CP, DECREE NO. 61/2016/NĐ-CP, AND DECREE NO. 36/2019/NĐ-CP

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

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

The Government promulgates this Decree to amend and supplement certain Articles of Decree No. 01/2012/NĐ-CP dated January 4, 2012, of the Government amending and supplementing, replacing, or abolishing relevant provisions related to administrative procedures under the management functions of the Ministry of Culture, Sports and Tourism; Decree No. 61/2016/NĐ-CP dated July 1, 2016, of the Government stipulating conditions for business activities in cultural relic appraisal and the practice of preservation, restoration, and recovery of historical-cultural relics and scenic spots; and Decree No. 36/2019/NĐ-CP dated April 29, 2019, of the Government detailing certain provisions of the Law Amending and Supplementing Certain Provisions of the Law on Physical Education and Sports.

Article 1. Amendments and supplements to certain Articles of Decree No. 01/2012/NĐ-CP dated January 4, 2012, of the Government amending and supplementing, replacing, or abolishing relevant provisions related to administrative procedures under the management functions of the Ministry of Culture, Sports and Tourism.

1. Amendments and supplements to certain Points and Clauses of Article 2 as follows:

a) Amendments and supplements to Point a Clause 3 as follows:

"2. Procedures for issuing permits for research and collection of intangible cultural heritage shall be regulated as follows:

a) Overseas Vietnamese individuals, organizations, and foreign individuals proposing to conduct research and collection shall submit directly or send via postal service or through electronic means one set of documents including the Application Form (Annex I) accompanied by the Research Proposal (Annex II), clearly stating the purpose, area, duration, and Vietnamese partner involved in the research and collection of intangible cultural heritage to the Director of the Department of Culture, Sports and Tourism/Director of the Department of Culture and Sports. In cases where the research and collection areas cover two or more centrally-administered provinces/cities, one set of documents shall be submitted directly or sent via postal service or through electronic means to the Minister of Culture, Sports and Tourism;

b) Within fifteen working days from the date of receipt for the Minister of Culture, Sports and Tourism and ten working days for the Director of the Department of Culture, Sports and Tourism/Director of the Department of Culture and Sports, the heads of these agencies shall be responsible for examining and issuing the permit. If the application is rejected, the reasons must be stated in writing."

b) Amendments and supplements to Point d Clause 3 as follows:

"4. Procedures for issuing certificates of practice for owners of shops dealing in antiquities, antiques, and national treasures:

a) Shop owners shall submit directly or via postal service or through electronic means one set of documents requesting issuance of a certificate of practice for dealing in antiquities, antiques, and national treasures to the Director of the Department of Culture, Sports and Tourism/Director of the Department of Culture and Sports;

b) The documents for requesting issuance of a certificate of practice for dealing in antiquities, antiques, and national treasures include:

Application form for issuance of a certificate (Annex IV);

Certified copies of relevant professional qualifications."

2. Amendments and supplements to certain Annexes issued together with Decree No. 01/2012/NĐ-CP as follows:

a) Amendments and supplements to Annex III issued together with Decree No. 01/2012/NĐ-CP at Model No. 01 of Annex I accompanying this Decree;

b) Amendments and supplements to Annex IV issued together with Decree No. 01/2012/NĐ-CP at Model No. 02 of Annex I accompanying this Decree;

c) Amendments and supplements to Annex V issued together with Decree No. 01/2012/NĐ-CP at Model No. 03 of Annex I accompanying this Decree;

d) Amendments and supplements to Annex VII issued together with Decree No. 01/2012/NĐ-CP at Model No. 04 of Annex I accompanying this Decree.

3. Addition and replacement of certain phrases in Points and Clauses of Clause 3 of Article 2 as follows:

a) Add the phrase "Director of the Department of Culture and Sports" after the phrase "Director of the Department of Culture, Sports and Tourism" in Point b Clause 3, Point đ Clause 3, and Point e Clause 3;

b) Replace the phrase "submit directly" with the phrase "submit directly or via postal service or through electronic means" in Point b Clause 3;

c) Replace the phrase "send via postal service" with the phrase "send via postal service or through electronic means" in Point c and Point e Clause 3.

Article 2. Amend and supplement some articles of Decree No. 61/2016/NĐ-CP dated July 1, 2016 of the Government stipulating conditions for operating antique appraisal and practicing conservation, repair, and restoration of historical-cultural relics and scenic spots.

1. Amending and supplementing Clause 1 of Article 6 as follows:

"1. The business entity conducting antique appraisal shall submit directly or send through postal service or via electronic environment one set of documents to the authority specified in Article 5 of this Decree. The documents include:

a) Application form according to Model No. 01 attached to this Decree;

b) List accompanied by scientific curriculum vitae according to Model No. 02 attached to this Decree and copies of diplomas and certificates of experts;

c) Copy of employment decision or labor contract between the business entity conducting antique appraisal and the experts;

d) List of equipment and means for conducting appraisals."

2. Amend and supplement Clause 1 of Article 16 as follows:

"1. The organization requesting issuance of the Practice Certificate shall submit directly or send through postal service or via electronic environment one set of documents to the authority specified in Article 15 of this Decree. The documents include:

a) Application form according to Model No. 08 attached to this Decree;

b) List of persons granted the Practice Certificate as specified in point c Clause 1, point c Clause 2, point c Clause 3, and point c Clause 4 of Article 14 of this Decree accompanied by copies of the Practice Certificate."

3. Amend and supplement some models in the Appendix accompanying Decree No. 61/2016/NĐ-CP as follows:

a) Amend and supplement Model No. 01 in the Appendix accompanying Decree No. 61/2016/NĐ-CP at Model No. 01 in Appendix II accompanying this Decree;

b) Amend and supplement Model No. 05 in the Appendix accompanying Decree No. 61/2016/NĐ-CP at Model No. 02 in Appendix II accompanying this Decree;

c) Amend and supplement Model No. 07 in the Appendix accompanying Decree No. 61/2016/NĐ-CP at Model No. 03 in Appendix II accompanying this Decree;

d) Amend and supplement Model No. 08 in the Appendix accompanying Decree No. 61/2016/NĐ-CP at Model No. 04 in Appendix II accompanying this Decree.

4. Replace the phrase "sent through postal service" with the phrase "sent through postal service or via electronic environment" at point a Clause 2 Article 7, Clause 1 Article 11, point a Clause 2 Article 12, and point a Clause 2 Article 17.

Article 3. Amend and supplement some articles of Decree No. 36/2019/NĐ-CP dated April 29, 2019 of the Government detailing some provisions of the Law amending and supplementing some articles of the Law on Physical Education and Sports.

1. Amend and supplement some clauses of Article 20 as follows:

a) Add the phrase "through postal service or via electronic environment or submitted directly" after the phrase "one set of application documents" in Clause 1;

b) Amend and supplement Clause 3 as follows:

"3. Receiving applications and delivering results shall be conducted directly or through postal service or via electronic environment."

2. Amend and supplement some clauses of Article 22 as follows:

a) Add the phrase "through postal service or via electronic environment or submitted directly" after the phrase "one set of application documents" in Clause 1;

b) Amend and supplement Clause 3 as follows:

"3. Receiving applications and delivering results shall be conducted directly or through postal service or via electronic environment."

3. Amend and supplement some models in the Appendix accompanying Decree No. 36/2019/NĐ-CP as follows:

a) Amend and supplement Model No. 01 in the Appendix accompanying Decree No. 36/2019/NĐ-CP at Model No. 01 in Appendix III accompanying this Decree;

b) Amend and supplement Model No. 02 in the Appendix accompanying Decree No. 36/2019/NĐ-CP at Model No. 02 in Appendix III accompanying this Decree;

c) Amend and supplement Model No. 04 in the Appendix accompanying Decree No. 36/2019/NĐ-CP at Model No. 03 in Appendix III accompanying this Decree.

Article 4. Implementation provisions

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

2. The Minister, Head of a ministerial-level agency, Head of a government-affiliated agency, Chairman of the People's Committee of provinces and centrally governed cities, and related organizations and individuals are responsible for implementing this Decree.