Procedures to issue the establishment and operation certificate to the foreign cultural institutions in Vietnam

Procedures to issue the establishment and operation certificate to the foreign cultural institutions in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What is foreign cultural institution in Vietnam?

According to Clause 1, Article 3 of Decree 126/2018/ND-CP, foreign cultural institution is the general name of non-profit organizations that pursue cultural goals or other related goals which are approved the competent state body of Vietnam. Foreign organizations or individuals (hereinafter referred to as "foreign party”) take charge to establish and operate these institutions or participate in such establishment in the territory of Vietnam.

2. Operation principles of foreign cultural institutions in Vietnam

- A foreign cultural institution must obtain a Registration Certificate or a License to operate in Vietnam.

A branch of the foreign cultural institution must obtain an Establishment Certificate to operate. All activities of the foreign cultural institution in Vietnam or its branch must comply with the contents specified in the Registration Certificate, License or Establishment Certificate.

- During the operation process, the foreign cultural institution must obey Vietnamese laws, respect the independence, sovereignty, territorial integrity, custom, habits and culture of Vietnam;

- If the foreign cultural institution operates in different related sectors, it shall comply with the regulations of Vietnam’s laws on such sectors.

- During the operation process of the foreign cultural institution, any breach of Vietnam's laws shall be handled according to the regulations of applicable law.

(Article 4 of Decree 126/2018/ND-CP)

3. Procedures to issue the establishment and operation certificate to the foreign cultural institutions in Vietnam

* A dossier shall consist of:

- An application form for the Registration Certificate, using form No. 01 in the Appendix to Decree 126/2018/ND-CP.

- Documents on the expected organizational structure and system.

- A draft of operation regulations.

- Résumé of the person expected to become the legal representative.

All documents written in a foreign language must be translated into Vietnamese and be certified as true copies.

* Procedures, methods, handling period and authority to issue the certificate:

- The foreign party applying for the Registration Certificate must send one application dossier to the Ministry of Culture, Sport and Tourism in person or by post.

- If the documents are deemed insufficient, within 05 working days from the date on which such documents are received, the Ministry of Culture, Sport and Tourism shall send a written notification to the foreign party in person, by post or by email to request for additional documents.

- Within 15 working days, from the date on which the completed documents are received, the Minister of Culture, Sport and Tourism shall replace the Registration Certificate by using form No. 02 in Appendix to Decree 126/2018/ND-CP.

* Validity period of the Registration Certificate:

- If the international treaty provides regulations on the validity period of the Registration Certificate, this period shall be determined according to these regulations and extended according to Article 7 of Decree 126/2018/ND-CP.

- If the international treaty provides no regulations on such validity period, this period shall be determined as 05 years and shall be extended. Each extension period shall not exceed 05 years, according to Article 7 of Decree 126/2018/ND-CP.

(Article 5 of Decree 126/2018/ND-CP)

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