In 2024, what does the application for issuing a Certificate of practice in relic repair in Vietnam include?
- In 2024, what does the application for issuing a Certificate of practice in relic repair in Vietnam include?
- What are the procedures for issuing a Certificate of practice in relic repair in Vietnam?
- What are the requirements for issuing a Certificate of eligibility to practice relic repair for facilities in Vietnam?
- What is the fine imposed on individuals allowing others to use their certificates of practice in relic repair in Vietnam?
In 2024, what does the application for issuing a Certificate of practice in relic repair in Vietnam include?
Under Clause 1, Article 16 of Decree 61/2016/ND-CP amended by Clause 1, Article 2 of Decree 31/2024/ND-CP, the application for issuing a Certificate of practice in relic repair in Vietnam includes:
- An application form according to Form No. 08 in the Appendix enclosed with Decree 61/2016/ND-CP amended by Point d, Clause 3, Article 2 of Decree 31/2024/ND-CP.
- List of persons holding practicing certificates specified at Point c, Clause 1, Point c, Clause 2, Point c, Clause 3 and Point c, Clause 4, Article 14 of Decree 61/2016/ND-CP with copies of these practicing certificates.
Thus, the application for issuing a Certificate of practice in relic repair in Vietnam includes an application form and a list of persons holding practicing certificates with copies of these practicing certificates.
What are the procedures for issuing a Certificate of practice in relic repair in Vietnam?
Under Article 16 of Decree 61/2016/ND-CP amended by Clause 2 Article 2 of Decree 31/2024/ND-CP, the procedures for issuing a Certificate of practice in relic repair in Vietnam shall be carried out as follows:
(1) The facility applying for a practicing certificate shall submit directly or send by post or electronically 01 application to a competent person specified in Article 15 of Decree 61/2016/ND-CP, including the Director of the Department of Culture, Sports and Tourism or Director of the Department of Culture and Sports where the facility is located.
(2) Within 05 working days after receiving the application as prescribed, the Director of the Department of Culture, Sports and Tourism or the Director of the Department of Culture and Sports shall inspect and request amendments to the application in of the invalid application
(3) Within 10 working days after receiving a complete and valid application, the Director of the Department of Culture, Sports and Tourism or the Director of the Department of Culture and Sports shall consider and decide on the issuance of a practicing certificate according to Form No. 09 in the Appendix enclosed with Decree 61/2016/ND-CP, and report to the Minister of Culture, Sports and Tourism. In case of refusal, a written response stating the reasons therefor must be given.
What are the requirements for issuing a Certificate of eligibility to practice relic repair for facilities in Vietnam?
Under Article 14 of Decree 61/2016/ND-CP (amended by Article 2 of Decree 142/2018/ND-CP), the Certificate of eligibility to practice relic repair (hereinafter collectively referred to as the Practicing Certificate) shall be issued to facilities satisfying all the requirements prescribed for each of the following specific cases:
- Certificate of practice in planning for relic repair:
+ Be established under the provisions of law;
+ Be eligible to practice construction planning design under the law on construction;
+ Have at least 01 employee holding a Certificate of practice in planning for relic repair;
- Certificate of practice in the formulation of projects on relic repair, economic-technical reports on relic repair, and design for relic repair:
+ Be established under the provisions of law;
+ Be eligible to practice construction design under the law on construction;
+ Have at least 01 employee holding a Certificate of practice in formulation of projects on relic repair, economic-technical reports on relic repair, and design for relic repair;
- Certificate of practice in relic repair:
+ Be established under the provisions of law;
+ Have sufficient capacity of construction facilities under the law on construction;
+ Have at least 01 employee holding a Certificate of practice in relic repair;
- Certificate of consultant practice for supervision of relic repair:
+ Be established under the provisions of law;
+ Have sufficient capacity of consultants when supervising the construction of works under the law on construction;
+ Have at least 01 employee holding a Certificate of practice in supervising the relic repair.
What is the fine imposed on individuals allowing others to use their certificates of practice in relic repair in Vietnam?
According to the provisions of Point d, Clause 4, Article 22 of Decree 38/2021/ND-CP on violations against regulations regarding certificates of practice in conservation, repair and restoration of relics as follows:
Violations against regulations regarding certificates of practice in conservation, repair and restoration of relics
...
4. Imposing the fine ranging from 15,000,000 dong to 20,000,000 dong for one of the following violations:
a) Practicing conservation, repair and restoration of relics without obtaining any certificate to do so in accordance with regulations in force;
b) Using certificates of practice in conservation, repair and restoration of relics;
c) Using expired certificates of practice in conservation, repair and restoration of relics;
d) Allowing other persons to use certificates of practice in conservation, repair and restoration of relics.
...
Clause 2 Article 5 of Decree 38/2021/ND-CP, amended by Clause 2 Article 1 of Decree 128/2022/ND-CP stipulates fines imposed on individuals and organizations as follows:
Amounts of fine and fining authority
...
2. Fines mentioned under Chapter II and Chapter III hereof are imposed on individual offenders, except for cases under Clauses 2, 5, 6, and 7 Article 10; Clauses 4, 5, 6, and 7 Article 10 a; Point a Clause 2, Clauses 3, 5, and 6, Points a, b, c, and d Clause 7 Article 14; Clauses 1, 2, 3, and 4 and Point b Clause 5 Article 21; Clauses 1, 2, 3, and 4 and Point b Clause 5 Article 23; Clause 1 Article 24; Articles 30, 38, 39, and 40 hereof which are imposed on organization offenders.
...
Thus, individuals allowing others to use their certificates of practice in relic repair in Vietnam may be administratively fined from VND 15,000,000 to VND 20,000,000.
Thư Viện Pháp Luật