Conditions, authority and procedure for issuing business practice certificates of vestiges, antiques and national precious objects in Vietnam (Image from the Internet)

1. Conditions, authority, and procedures for issuing business practice certificates of vestiges, antiques and national precious objects in Vietnam

According to Article 26 of Decree 98/2010/ND-CP (amended by Clause 3, Article 1 of Decree 142/2018/ND-CP and Point b, Clause 1, Article 1 of Decree 31/2024/ND-CP) which stipulate the conditions, authority, and procedures for issuing business practice certificates of vestiges, antiques and national precious objects in Vietnam, as follows:

- Conditions for issuing business practice certificates of vestiges, antiques and national precious objects:

+ Possess at least a university degree in one of the training specialties of cultural heritage, history (archaeology, cultural studies), fine arts, Han-Nom studies, ethnology, paleoanthropology, paleontology (animals, plants), or geology; or be a member of a social-professional organization related to the aforementioned specialties and have engaged in the collection of antiquities.

+ Not currently barred from practicing or engaged in work related to cultural heritage by court decision, not subject to criminal prosecution, not under criminal or administrative supervision.

- Officials and public employees employed in the cultural heritage sector are not permitted to open stores trading vestiges, antiques and national precious objects.

- Authority to Issue Practice Certificates for Store Owners Trading vestiges, antiques and national precious objects:

The Director of the Department of Culture, Sports, and Tourism grants practice certificates to store owners trading vestiges, antiques and national precious objects.

Within 30 days from the date of receiving a complete and valid application for a practice certificate for store owners trading vestiges, antiques and national precious objects, the Director of the Department of Culture, Sports, and Tourism shall consider issuing the certificate. In cases of refusal, the reasons must be clearly stated in writing.

- Procedures for Issuing Practice Certificates for Store Owners Trading vestiges, antiques and national precious objects:

+ The store owner submits directly or by mail or electronically one set of documents requesting the issuance of a practice certificate for the trading of artifacts, antiquities, national treasures to the Director of the Department of Culture, Sports, and Tourism/Director of the Department of Culture and Sports;

+ The application for the practice certificate for trading artifacts, antiquities, national treasures includes:

An  application  form  for  the  certificate

Appendix  IV

A  legalized  copy  of  related  professional  diplomas

2. Regulations on managing the trading of vestiges, antiques and national precious objects in Vietnam

According to Article 24 of Decree 98/2010/ND-CP  on managing the trading of vestiges, antiques and national precious objects in Vietnam:

- The State uniformly manages the trading activities of vestiges, antiques and national precious objects, facilitating organizations and individuals in business, trading vestiges, antiques and national precious objects.

The trading of vestiges, antiques and national precious objects must comply with legal provisions on cultural heritage, corporate law, tax law, and other relevant legal provisions.

- The State protects the trading of vestiges, antiques and national precious objects registered according to cultural heritage laws; facilitates organizations and individuals in transferring ownership of registered vestiges, antiques and national precious objects and registering legally sourced unregistered vestiges, antiques and national precious objects for trading.

- It is strictly prohibited to trade illegally sourced artifacts and antiquities.

- It is strictly prohibited to illegally trade vestiges, antiques and national precious objects for export abroad.

3. Organizing auctions of vestiges, antiques and national precious objects in Vietnam

- Organizations and individuals auctioning vestiges, antiques and national precious objects must register the auction list with the local Department of Culture, Sports, and Tourism and obtain permission from the Chairman of the provincial People's Committee.

- Auctioning vestiges, antiques and national precious objects is carried out according to civil law provisions.

(According to Article 27 of Decree 98/2010/ND-CP)

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