Decree No. 126/2018/ND-CP dated September 20, 2018 of the Government on the establishment and operation of foreign cultural institutions in Vietnam

THE GOVERNMENT

Decree No. 126/2018/ND-CP dated September 20, 2018 of the Government on the establishment and operation of foreign cultural institutions in Vietnam

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

Pursuant to the Law on Promulgation of Legislative Documents dated June 22, 2015

At the requests of the Minister of Culture, Sport and Tourism;

The Government promulgates the regulations on the establishment and operation of foreign cultural institutions in Vietnam.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of adjustment

This Decree provides regulations on the establishment and operation of non-profit foreign cultural institutions in Vietnam (hereinafter referred to as foreign cultural institutions); responsibilities of the State over the foreign cultural institutions in Vietnam.

Article 2. Subjects of application

1. The foreign cultural institutions in Vietnam that are established according to the international treaty on establishment and operation of such institutions.

2. The foreign cultural institutions in Vietnam that are established without following the international treaty.

3. Related agencies, organizations and individuals.

Article 3. Definitions

In this Decree, the following terms are construed as follow:

1. "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. The managers and employees of such foreign cultural institutions are the citizens of foreign countries establishing head offices in Vietnam and are assigned to work here; they can be recruited Vietnamese citizens or citizens of a third country, etc.

3. The legal representative of a foreign cultural institution in Vietnam is the citizen of a foreign country establishing the head office in Vietnam. He/she takes the responsibility in managing the operation of such institution.

4. The head office of a foreign cultural institution in Vietnam is an office that registers with the competent state body of Vietnam.

5. Branches of a foreign cultural institution in Vietnam are located in provinces and other central-affiliated cities different from the place where the head office is located.

6. Registration Certificate is a document issued by the competent state body of Vietnam to recognize the foreign cultural institution which is established and operated in accordance with the international treaty.

7. License is the document issued by the competent state body of Vietnam to allow the establishment and operation of the foreign cultural institution without following the international treaty.

8. Establishment Certificate is a document issued by the competent state body of Vietnam to allow the establishment and operation of the foreign cultural institution’s branch in Vietnam.

Article 4. Operation principles

1. 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.

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

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

4. 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.

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