Decree 31/2024/ND-CP amend Decree 01/2012/ND-CP, Decree 61/2016/ND-CP and Decree 36/2019/ND-CP

DECREE

Amending and supplementing a number of articles of Decree No. 01/2012/ND-CP, Decree No. 61/2016/ND-CP and Decree No. 36/2019/ND-CP^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

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

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 01/2012/ND-CP of January 4, 2012, amending, supplementing, replacing or annulling provisions on administrative procedures under the management by the Ministry of Culture, Sports and Tourism (below referred to as Decree No. 01/2012/ND-CP); the Government’s Decree No. 61/2016/ND-CP of July 1, 2016, specifying conditions for providing antique assessment services and practicing the preservation, embellishment and restoration of historical-cultural relics and scenic spots (below referred to as Decree No. 61/2016/ND-CP); and the Government’s Decree No. 36/2019/ND-CP of April 29, 2019, detailing a number of articles of the Law Amending and Supplementing a Number of Articles of the Law on Physical Training and Sports (below referred to as Decree No 36/2019/ND-CP).

 Article 1. To amend and supplement a number of articles of Decree No. 01/2012/ND-CP 

1. To amend and supplement a number of points and clauses of Article 2 as follows:

a/ To amend and supplement Point a, Clause 3 as follows:

“2. Procedures for grant of licenses for research into and collection of intangible cultural heritages are as follows:

a/ Overseas Vietnamese and foreign organizations and individuals requesting research into and collection of intangible cultural heritages shall submit by hand delivery or via postal services or in the electronic environment a dossier, which must comprise an application form (Appendix I) enclosed with a scheme (Appendix II), clearly stating the purpose, site and time period of, and Vietnamese partner participating in, research into and collection of intangible cultural heritages, to the Director of a provincial-level Department of Culture and Sports and Tourism or Director of a provincial-level Department of Culture and Sports. In case the research and collection are carried out in two or more provinces and centrally run cities, a dossier shall be submitted by hand delivery or via postal services or in the electronic environment to the Minister of Culture, Sports and Tourism;

b/ Within 15 working days after receiving the dossier, in case the dossier recipient is the Minister of Culture, Sports and Tourism, or within10 working days after receiving the dossier, in case the dossier recipient is the Director of a provincial-level Department of Culture and Sports and Tourism or the Director of a provincial-level Department of Culture and Sports, he/she shall consider granting a license. In case of refusal to grant a license, he/she shall state the reason in writing.”.

b/ To amend and supplement Point d, Clause 3 as follows:

“4. Procedures for grant of practice certificates to owners of stores for purchasing and selling vestiges, antiques and national treasures:

a/ A store owner shall submit by hand delivery or via postal services or in the electronic environment a dossier of application for a practice certificate for purchase and sale of vestiges, antiques and national treasures to the Director of a provincial-level Department of Culture and Sports and Tourism or the Director of a provincial-level Department of Culture and Sports;

b/ A dossier of application for a practice certificate for purchase and sale of vestiges, antiques and national treasures must comprise:

An application form (Appendix IV);

Lawful copies of relevant professional diplomas.”.

2. To amend and supplement a number of appendices to Decree No. 01/2012/ND-CP as follows:

a/ To amend and supplement Appendix III to Decree No. 01/2012/ND-CP into Form No. 01 provided in Appendix I to this Decree;

b/ To amend and supplement Appendix IV to Decree No. 01/2012/ND-CP into Form No. 02 provided in Appendix I to this Decree;

c/ To amend and supplement Appendix V to Decree No. 01/2012/ND-CP into Form No. 03 provided in Appendix I to this Decree;

d/ To amend and supplement Appendix VII to Decree No. 01/2012/ND-CP into Form No. 04 provided in Appendix I to this Decree.

3. To add or replace a number of phrases at points of Clause 3, Article 2 as follows:

a/ To add the phrase “Director of a provincial-level Department of Culture and Sports” below the phrase “Director of a provincial-level Department of Culture and Sports and Tourism” at Points b, dd and e, Clause 3;

b/ To replace the phrase “submit by hand delivery” at Point b, Clause 3 with the phrase “submit by hand delivery or via postal services or in the electronic environment”;

c/ To replace the phrase “submit by post” at Points c and e, Clause 3 with the phrase “via postal services or in the electronic environment”.

Article 2. To amend and supplement a number of articles of Decree No. 61/2016/ND-CP

1. To amend and supplement Clause 1, Article 6 as follows:

“1. An antique assessment service provider shall submit by hand delivery or via postal services or in the electronic environment a dossier to a competent person specified in Article 5 of this Decree. The dossier must comprise:

a/ An application form, made according to Form No. 01 provided in the Appendix to this Decree;

b/ A list of experts, enclosed with their scientific curriculum vitae, made according to Form No. 02 provided in the Appendix to this Decree, and copies of their diplomas and certificates;

c/ Copies of recruitment decisions or labor contracts between the antique assessment service provider and experts;

d/  A list of equipment and means for carrying out the assessment.”.

2. To amend and supplement Clause 1, Article 16 as follows:

“1. An organization applying for a practice certificate shall submit by hand delivery or via postal services or in the electronic environment a dossier to a competent person specified in Article 15 of this Decree. The dossier must comprise:

a/ An application form, made according to Form No. 08 provided in the Appendix to this Decree;

b/ A list of persons granted practice certificates as specified at Point c, Clause 1; Point c, Clause 2; Point c, Clause 3; and Point c, Clause 4, Article 14 of this Decree, enclosed with copies of their practice certificates.”.

3. To amend and supplement a number of forms provided in the appendices to Decree No. 61/2016/ND-CP as follows:

a/ To amend and supplement Form No. 01 provided in the Appendix to Decree No. 61/2016/ND-CP into Form No. 01 provided in Appendix II to this Decree;

b/ To amend and supplement Form No. 05 provided in the Appendix to Decree No. 61/2016/ND-CP into Form No. 02 provided in Appendix II to this Decree;

c/ To amend and supplement Form No. 07 provided in the Appendix to Decree No. 61/2016/ND-CP into Form No. 03 provided in Appendix II to this Decree;

d/ To amend and supplement Form No. 08 provided in the Appendix to Decree No. 61/2016/ND-CP into Form No. 04 provided in Appendix II to this Decree.

4. To replace the phrase “submit by post” at Point a, Clause 2, Article 7; Clause 1, Article 11; Point a, Clause 2, Article 12; and Point a, Clause 2, Article 17 with the phrase “submit via postal services or in the electronic environment”.

Article 3. To amend and supplement a number of articles of Decree No. 36/2019/ND-CP

1. To amend and supplement a number of clauses of Article 20 as follows:

a/ To add the phrase “via postal services or in the electronic environment or by hand delivery” below the phrase “a dossier of request” in Clause 1;

b/ To amend and supplement Clause 3 as follows:

“3. The receipt of dossiers and notification of dossier processing results shall be carried out by hand delivery or via postal services or in the electronic environment.”.

2. To amend and supplement a number of clauses of Article 22 as follows:

a/ To add the phrase “via postal services or in the electronic environment or by hand delivery” below the phrase “a dossier of request” in Clause 1;

b/ To amend and supplement Clause 3 as follows:

“3. The receipt of dossiers and notification of dossier processing results shall be carried out by hand delivery or via postal services or in the electronic environment.”.

3. To amend and supplement a number of forms provided in the Appendix to Decree No. 36/2019/ND-CP as follows:

 a/ To amend and supplement Form No. 01 provided in the Appendix to Decree No. 36/2019/ND-CP into Form No. 01 provided in Appendix III to this Decree;

b/ To amend and supplement Form No. 02 provided in the Appendix to Decree No. 36/2019/ND-CP into Form No. 02 provided in Appendix III to this Decree;

c/ To amend and supplement Form No. 04 provided in the Appendix to Decree No. 36/2019/ND-CP into Form No. 03 provided in Appendix III to this Decree.

Article 4. Implementation provisions

1. This Decree takes effect on the date of its signing.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related organizations and individuals shall implement this Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
TRAN HONG HA

* The Appendices to this Decree are not translated.