Decree 12/2012/nd-Cp: Modify, Supplement, Replace Or Repeal, Cancel The Provisions Related To The Administrative Procedure In The Scope Of The Management Function Of The Ministry Of Culture, Sports And Tourism

Original Language Title: Nghị định 01/2012/NĐ-CP: Sửa đổi, bổ sung, thay thế hoặc bãi bỏ, hủy bỏ các Quy định có liên quan đến thủ tục hành chính thuộc phạm vi chức năng quản lý của Bộ Văn hóa, Thể thao và Du lịch

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THE GOVERNMENT.
Numbers: 01 /2012/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, January 4, 2012

DECREE

Amendments, additions, replacements or repeal, cancel the Regulations related to the procedure.

Administrative, Sports, and Tourism.

________________________

THE GOVERNMENT.

Government Law Base December 25, 2001;

The Administrative Law of the Executive Code of the Law of the Law on 3 June 2008;

At the suggestion of Minister of Culture, Sports and Tourism,

PROTOCOL:

What? 1. Amendments, additions, replacements, or repeal, cancelation of regulations related to administrative procedures within the management functions of the Ministry of Culture, Sports and Tourism stipulated at the following Decree:

1. Digital decree 100 /2006/NĐ-CP September 21, 2006, of the Government Regulation and Guide to some of the provisions of the Civil Code, the Intellecintellectual Property Law on the Rights of the Author and the Right to the Rights (later called the Digital Protocol) 100 /2006/NĐ-CP).

2. Decree 86 /2005/NĐ-CP July 8, 2005 of the Government Regulations on Management and Protection of the Under-Water Cultural Heritage (later called the Digital Protocol) 86 /2005/NĐ-CP).

3. Digital decree 98 /2010/ND-CP September 21, 2010 the Government regulates the implementation of several provisions of the Law of Cultural Heritage and Amendment Law, which complements some of the provisions of the Law of Cultural Heritage.

4. Digital decree 92 /2007/NĐ-CP June 01, 2007 of the Government rules the details of the implementation of certain provisions of the Tourism Law (later called the Digital Protocol). 92 /2007/NĐ-CP).

5. Digital decree 02 /2009/NĐ-CP January 6, 2009 of the Government Regulation of the organization and operation of the private library that serves the community (then called the Numerical Decree). 02 /2009/NĐ-CP).

6. Digital decree 103 /2009/NĐ-CP November 6, 2009 by the Government enacted the "States of Cultural Activity and the Public Cultural Services Business" (later known as the Digital Protocol). 103 /2009/NĐ-CP).

What? 2. The amendment, addition, replacement, or repeal, cancelation of the regulations that are associated with administrative procedure at the Decree Decree at Article 1 This decree is done as follows:

1. Digital decree 100 /2006/NĐ-CP

a) Article 37 is modified, added at paragraph 2 as follows:

" 2. Personally, the foreign organization has a work, performance program, recording, recording, broadcast program protected by the right to the author, the relevant rights stipulated at paragraph 2 Article 13 and Article 17 of the Intellecintellectual Property Law can directly or authorize the organization. Advisory, copyright services, related rights to a (01) direct case file at the Bureau of Author or Representative Office of the Copyright Office in Ho Chi Minh City, Office of the Representative Office of the Copyright Office in Da Nang City or Department of Culture, Sports and Tourism. "

b) Add to 3 Article 37 as follows:

" 3. The profile of the grant, reissued, rendered the registration of the author's registry, the relevant authority under the provisions of Article 50 of the Intellecintellectual Property Law. The document stipulated at c, d, e, and e paragraph 3 Article 50 Intelleclogical Property Law must be made in Vietnamese; the copy of which must have a proof or endorsement; the case made in foreign language must be translated into Vietnamese and must be translated. The evidence, the evidence. "

c) Article 38 is modified, adding at paragraph 1 as follows:

" 1. The Copyright Copyright Bureau is responsible for storing a copy of the copyright registration work copy, a copy of the format of the relevant copyright registration subject; a statement marking the registration of the registration certificate sent back to the subject issued to the certificate level. to be at the point b paragraph 2 Article 50 of the Intellecintellectual Property Law, after granting the registration of the author's license, the Certificate of Registration. "

2. Decree 86 /2005/NĐ-CP

a) Article 12 is modified, added at the 2 point paragraph a as follows:

" a) Is the subject to meet regulatory requirements at Article 40 Cultural Heritage Law and Article 16 of the Digital Protocol. 98 /2010/NĐ-CP. "

b) Article 13 is modified, added at paragraph 3 as follows:

" 3. The organization wants to conduct exploration, excavate the underwater cultural heritage that must send a (01) case set to the Ministry of Culture, Sports and Tourism by directly submitting or sent through the postal route to apply for permission. "

3. Digital decree 98 /2010/ND-CP

a) Article 8 is modified, added at paragraph 2 as follows:

" 2. The procedure of licensing research, the collection of non-object cultural heritage is as follows:

a) The Vietnamese residing abroad, the organization, the foreign individual who applied for the study, collected it directly or sent through the postal line one (01) of the records: the application (Annex I) accompanied by the scheme (Annex II) states the purpose, the place, the deadline, and the object. Vietnam joins the study, collecting non-physical cultural heritage to the Director of the Department of Culture, Sports and Tourism. In the case of a study site, collecting ranges from the two provinces, the Central City of China or above, it must be submitted directly or sent via postal mail one (01) of the records to the Minister of Culture, Sports and Tourism;

b) During the twenty (20) days of work since the adoption date, the Minister of Culture, Sports and Tourism or Director of the Department of Culture, Sports and Tourism has a responsibility to consider licensing. The case refused to specify a written reason. "

b) Additional Article 16a as follows:

" 16a. Emergency clearance procedure

1. The organization grants an emergency deposit of emergency deposit of one (01) files to the Director of the Department of Culture, Sports and Local Tourism where the archaeological site needs to excavate emergency.

2. Director of the Department of Culture, Sports and Tourism is responsible for the Chair of the Provincial Committee of the Provincial People's Department of Emergency Excavation Licenses under the provisions at paragraph 19 Article 1 Amendment Law, which adds some of the provisions of the Cultural Heritage Law. "

c) Article 21 is modified, added at the 2 and 3 paragraph as follows:

" 2. Minister of Culture, Sports and Tourism granted a permit to carry the animal, the artifact abroad.

During the fifteen (15) days of work, since the date of receiving valid records, the Minister of Culture, Sports and Tourism granted licenses. The rejection case must specify a written reason.

3. The procedure of carrying the animal is carrying the relics, the artifact abroad:

a) There is a proposed application (Annex III) to the Minister of Culture, Sports and Tourism by directly submitting or sent through the mail line;

b) There is a certificate of transferring ownership of the former owner;

c) One (01) the animal registration filing, antiquities. "

d) Article 26 is modified, added at paragraph 4 as follows:

" 4. The procedure of conduct certificates for shopkeeper sales, antiquities, national conservation:

a) The store owner must submit directly or through the postal route one (01) the department of records applying for the purchase of the purchase of the goods, antiquities, and the National Museum to the Department of Culture, Sports and Tourism;

b) The application for the certificate of the purchase of the purchase of the purchase of relics, artifacts, and national museums including:

The application for the certificate (Annex IV);

The legal copy of relevant professional documents;

A confirmed schedule for the Committee of the People's Committee, the ward, the town of residence. "

p) Article 28 is modified, added at paragraph 3 as follows:

" 3. During the fifteen (15) days of work, since the date of the adoption of valid records, the Minister of Culture, Sports and Tourism, Director of the Department of Culture, Sports and Tourism has the responsibility to confirm the conditions of the establishment and be granted a license to operate the museum. The case refused to specify a written reason. "

e) Additional Article 28a as follows:

" 28a. The procedure validation is eligible to be licensed and the procedure granted a license to operate outside the public.

1. The organization, the individual has the requirement to confirm sufficient operating license-level conditions for outside museums to submit directly or to send through postal lines a (01) case set: A petition confirming enough operating license licensing (Annex V) and the Project. active museum (Annex VI) to the Director of the Department of Culture, Sports and Tourism where the museum is located.

2. Organization, individuals with a requirement to grant a license to operate outside public museums directly submit directly or send via postal mail a (01) file suite: A petition granting the license to operate the museum (Annex VII) and the document confirming enough of the operating license level. Museum of the Director of the Department of Culture, Sports and Tourism to the Chair of the Provincial People ' s Committee where the museum headquarters is located. "

4. Digital decree 92 /2007/NĐ-CP

a) Article 22 is modified, added as follows:

" 22. The file offers a license to form a branch, representative office.

1. The application to grant a license to form a branch, the representative office due to the competent representative of the foreign tourism tourism business.

2. A valid copy of the business registration paper, operating charter or paperwork with the equivalent legal value of the foreign travel business being the authority of the authority where the business established or registered business confirmed; the case of the establishment of the business. The branch must have the authorship that specifies the scope of the authorship to the head of the branch.

3. Financial Reporting with an audit or other document with a comparable legal value that proves the true existence and activities of the foreign tourism business in the adjacent fiscal year adjacent to the year of licensing review (for the case of a grant offer). The license to form the branch.

The papers stated in the 1, 2 and 3 Articles, which must translate into Vietnamese and be given diplomatic representation, Vietnam ' s consumagency agency in foreign countries, and the implementation of the legal legalization under the regulation of Vietnamese law. "

b) Article 23 is modified, added at the 1, 2 and 3 as follows:

" 1. Foreign travel business sends directly or through the postal road one (01) the case file to the state governing body for tourism in the Central (for the case of a permit to establish a branch) or to the state authority on provincial tourism (for example). with the case of a permit to grant a permit to establish a representative office.

2. During the ten (10) days of work day, since the date of receiving valid records issued by foreign travel business, the state governing body of tourism in the Central District of appraisal, granting a permit to establish branches for the business and inform the agency. state of provincial tourism, tax authority, statistical agency, state agency concerned where the branch is based.

3. During the year (05) the day of work, since the date of receiving enough valid records issued by the foreign travel business, the state agency on the provincial tourism authority, issued a license to establish the office representing the business and inform the governing body. The state for tourism in the Central, the Provincial People's Committee, the tax authority, the customs agency and the relevant state agency where the representative office is based. "

c) Article 24 is modified, added as follows:

" 24. Modified, supplemated by the branch office, representative office

1. The foreign travel business sent directly (or via post office) one (01) the revised offer case, the addition of a branch-establishment permit, the office representing the competent authority stipulated at paragraph 1 Article 23 of the number of deputies. 92 /2007/NĐ-CP in the ten (10) days of work, since the date of the change is as follows:

a) Changing the location of the headquarters of the branch, the office represents within a province, the Central City of the Central;

b) Change the name or the operating content of the branch, the representative office;

c) Change the head of the branch, the representative office.

2. The profile offer revision, the addition of a branch-based license, the representative office is:

a) The application of the amendment, the addition of a branch-establishment permit, the representative office due to the competent representative of the foreign travel tourism business;

b) The original license to form the branch, the representative office was granted.

In the ten (10) days of work, since the date of the valid filing sent by the business, the authority has the authority to grant the creation of the revised branch, the addition of a branch-based license, the office representing the business and sending copies. The license to establish a branch has been modified for relevant agencies in paragraph 2 Article 23 of the number. 92 /2007/NĐ-CP .

During the period of the year (05) working day, since the date received valid records issued by the business, the authority granted the authority to establish a revised representative office, supplement the license to establish a representative office for the business and send a copy of the paper copy. the creation of the representative office has been amended to the relevant agencies in paragraph 3 Article 23 digital decree. 92 /2007/NĐ-CP.

The deadline for the license to form a branch, the representative office is modified, added not to exceed the deadline of the branch's creation permit, the representative office has granted. "

d) Article 25 is modified, complemated at 1 and 3 as follows:

" 1. In the following cases, the foreign travel business sent directly or through the postal line one (01) of the records to the agency granted a license to establish a branch, the office represented in the fifteen (15) days, since the date of the change:

a) Change the name or change where the established registration of foreign travel business is from one country to another;

b) Change the location of the headquarters of the branch, the office represents a province, the other Central city;

c) Change the operating content of the foreign travel business;

d) Change the location of the foreign tourism business within the country where the business was established.

In the ten (10) days of work, since the date of receiving valid records issued by the foreign travel business, the authority has the authority to issue a branch, the office of the appointed representative office, granting the license to form the branch, the university office. to the business and to send a copy of the license to form a branch, the representative office has been granted to relevant agencies in accordance with provisions at paragraph 2, paragraph 3 Article 23 digital decree 92 /2007/NĐ-CP. "

" 3. Where the license to form a branch, the representative office is lost, torn apart or destroyed, the foreign travel business must make the procedure for granting the license to form a branch, the representative office. Foreign travel business sends directly or through the postal road one (01) a single offering of the license to form a branch, the representative office due to the competent representative of the foreign travel business to the body of the license granting the prescribed license. at Article 21 of the Digital Decree 92 /2007/NĐ-CP.

In the period of the year (05) working day, since the date of receiving valid records issued by foreign travel business, the authority granted the authority to license the establishment of the branch, the representative office of the appraisal, grant permission to establish branch offices, the university office. to the business. "

b) Article 26 is modified, added at paragraph 2 as follows:

" 2. Extension of the license to form branch, representative office:

a) In the thirty (30) days prior to the creation of the branch, the representative office expires, the business sent directly (or via the postal route) the application to renew the license to the establishment of the branch, the office representing the competent authority. It ' s the right to be regulated at 1 Article 23. 92 /2007/NĐ-CP.

b) In the period of ten (10) working days, since the date of the application of the business, the agency has the authority to review, renew the license to the branch, the representative office; if approved, the business sends the original license to the branch, the office represents the authority to have jurisdiction to renew. The case refused to renew, the authorities had the authority to clarify the reason in writing. "

e) Article 34 is modified, added as follows:

" Article 34. Custom procedure, exchange, manual card level

1. The offer of the grant, exchange of the travel guide card directly directly or via postal route one (01) the prescribed case at paragraph 1 Article 74, paragraph 1 Article 75 The Tourism Law goes to one of the state governing bodies on provincial tourism in the country.

2. The offer to grant a guide to the guide card directly or via the postal route a (01) case set by regulation at paragraph 2 Article 75 Travel Law Travel to the state agency on provincial tourism where it has been issued a guide card. The deadline for the card to be reissued by the remainder of the card has been issued.

3. The document to the file with a profile is a copy (when filing a direct file, the applicant that carries the main order to the object) or a copy of the testimony or a certificate (when filing a case through the post office). In the case of the document being translated into Vietnamese from foreign languages or documents in foreign language, it must be corroborated or corroborated. "

5. Digital decree 02 /2009/NĐ-CP

What? 6 modified, added as follows:

" Article 6. Private library activity procedure

1. The library activity registration record includes:

a) Application registration application (sample 1 Resolution No. 1) 02 /2009/NĐ-CP);

b) The existing library document portfolio (denominate 2 Protocol) 02 /2009/NĐ-CP);

c) The term 's theory of the name of the person of the name of the established library has the confirmation of the People' s Committee, the ward, the town (later known as the township level) residence;

d) Internal libraries.

2. The number of records and time of resolution:

a) The number of files required is 1 sets;

b) During the period of three (03) days of work, since the date of the receiving of valid records, the agency receives the case responsible for issuing a certificate of registration of the private library.

3. The Agency received the filing and issued a library activity registration certificate:

The Social People's Committee or the Cultural and District Information Department, district, town, township, provincial city (the following joint is the district level) or the Department of Culture, Sports and Tourism is responsible for the provision of records, guidelines for the registration of library activity.

The original document base of the library, the name of the name of the establishment of the library to submit the active registration records to the authorities under the prescribed jurisdiction:

a) The library has an initial book from 500 copies to less than 1,000 records to the Social People's Committee, where the library is based.

b) The library has an initial book capital from 1,000 copies to under 2,000 records to the District of Culture and District Information, where the library is based;

c) The library has an initial capital from 2,000 or more records to the Department of Culture, Sports and Tourism, where the library is based.

After receiving enough valid records of the name of the head of the library, the filing agency is responsible for issuing a library activity registration certificate to the library (sample 3 Protocol No. 3). 02 /2009/NĐ-CP ). In the case of refusal to specify a written reason. "

6. Digital decree 103 /2009/NĐ-CP

a) Article 5 of the statute of cultural activity and business of public culture services issued in accordance with the Digital Protocol 103 /2009/NĐ-CP modified, added at paragraph 4 as follows:

" 4. The procedure for controlling ice, music, theater:

The organization, the central individual offers to issue a direct control label or via postal 1, to the Bureau of Performing Arts, Ministry of Culture, Sports, and Tourism; organization, local individual sent directly or via postal mail 01 of the lake. I'm going to the Department of Culture, Sports and Tourism.

a) Profile includes:

-The application for the control label in which it is clear: The tape name, the music disc, the stage, the number of decisions that allow it to be circulated, the number of labels controlled;

-The decision copy allows for the circulation to have legal value (for the case of the Department of Culture, Sports and Circulation Licensing).

b) During the year (05) the day of work, since the date of the receiving of valid records, the authority has the authority to issue control labels; the case is not granted in writing, stating the reason. "

b) Article 7 of the statute of cultural activity and the business of public culture services issued in accordance with the Digital Protocol 103 /2009/NĐ-CP modified, added at paragraph 2 as follows:

" 2. Public licensing procedure:

The organization, the individual who wants to hold an artistic performance, shows fashion to be sent directly or via postal mail 1 sets of records that offer a public license to the state agency with the authority to rule on this one Article.

a) Profile includes:

-The application to grant a public license (specify the name of the program, the repertoire, the author, the director, the performer);

-The score, the script for the first film offer; photo or costume design for the fashion show.

b) During the year (05) the day of work, since the date of a valid date of being valid, the state agency has the authority to issue a public licence; the case does not issue a license to respond in writing, stating the reason; the case needs to browse the program. Prior to the licensing of the public, the organization, the individual proposed issuing licenses to be responsible for facilitation of the authorities. "

c) Article 8 of the statute of cultural activity and the business of public culture services issued with the Digital Protocol. 103 /2009/NĐ-CP modified, added at paragraph 2 as follows:

" 2. The owner of the tourism department, restaurant dining, beverage organization for the art team, foreign artists performing at their premises did not sell tickets to the performance ticket to the Culture, Sports and Tourism Department. according to the records calendar in the message. "

d) Article 14 Regulation of cultural activity and business of public cultural services issued with the Digital Decree No. 1. 103 /2009/NĐ-CP modified, added as follows:

" Article 14. The exhibition types must inform

The cultural exhibition, other art of the organization, the individual Vietnam is not required to apply for permission at Article 13 This States must inform the Department of Culture, Sports and Tourism where the exhibition held up to 3 working days according to the time announcement. The exhibition. "

) Article 18 of the States of Cultural Activity and Business of Public Cultural Services issued in accordance with the Digital Protocol. 103 /2009/NĐ-CP modified, added at paragraph 2 as follows:

" 2. The procedure for issuing a ceremony: The Agency, the organization that wants to host the convention in paragraph 1 This must submit a petition granting a license to the Department of Culture, Sports and Tourism where the festival venue before the opening date of the opening ceremony is at least 30 days. Yeah,

a) The application of a petition granting a license to hold the festival (which notes the festival content or the changing content compared to the tradition, time, venue of the organization, intended to establish the Festival Organisation Committee, pledged to ensure the quality and responsibility of the law if necessary). violation and other necessary conditions to ensure security, order during the festival).

b) During the ten (10) days of work, since the date of the receipt of a valid application, the Department of Culture, Sports and Tourism is responsible for the Provincial People's Committee. The Provincial People 's Committee, in the period of ten (10) days of work, since the date of the recommended receiving of the Department of Culture, Sports and Tourism, is responsible for granting a permit to hold the festival; the case of the Provincial People' s Committee devolve to the Department of Culture, Sports and Tourism. License grants, Department of Culture, Sports and Tourism are responsible for issuing licenses during the period of ten (10) days of work, since the date of the receipt of valid records; the case of not issuing a license must respond in writing, stating the reason. "

e) Leave paragraph 2 Articles 24 of the statute of cultural activity and business of public cultural services issued with the Digital Protocol. 103 /2009/NĐ-CP.

g) Article 25 of the statute of cultural activity and the business of public culture services issued with the Digital Protocol. 103 /2009/NĐ-CP modified, added at paragraph 2 as follows:

" 2. The records and procedures of the arms business license:

a) The filing recommended granting a license to include:

-A proposal to grant a military business permit;

-A copy of the evidence or certificate of business registration.

b) The number of files required is 1 sets.

c) In the period of ten (10) working days, since the date of the appointment of valid records, the Department of Culture, Sports and Tourism is responsible for consideration, examination of actual business conditions and licensing; the case does not issue a license to respond in writing, stating the reason. "

h) Leave 5 Articles 30 of the Cultural Activity Regulation and the public cultural services business issued with the Digital Agenda. 103 /2009/NĐ-CP.

i) Article 31 Regulation of cultural activity and business of public cultural services issued in accordance with the Digital Protocol. 103 /2009/NĐ-CP modified, added at paragraph 2 as follows:

" 2. Karaoke business licensing and procedures:

a) The filing recommended granting a license to include:

-The application granting a karaoke business license in which the location of the room number business, area of each room;

-A copy of the evidence or certificate of business registration.

b) The number of files required is 1 sets.

c) In the time of seven (07) days of work, since the date of the appointment of valid records, the Department of Culture, Sports and Tourism or the district authority is devolve responsible for business licenses; the case does not issue a license to respond in writing, stating the reason. "

What? 3. Instead of the phrase "Ministry of Culture-Information", "Department of Culture-Information" by "Ministry of Culture, Sports and Tourism", "Department of Culture, Sports and Tourism" in the entirety of the specified text at 1, 2 and 4 Articles 1 This decree.

What? 4. This decree has been in effect since 27 February 2012.

What? 5. The ministers, the Prime Minister, the Head of the Government, the Chairman of the Government, the Chairman of the People's Committee of the provinces, the Central City of the Central Committee, is responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung