Regulations operation of foreign cultural establishments in Viet Nam

VGP – The Government has issued Decree No. 126/2018/ND-CP stipulating the establishment and operation of the Viet Nam-based foreign cultural establishments.

In terms of the operational principles, foreign cultural establishments in Viet Nam will only be allowed to operate when they receive certificates of registration and permits. The branches of foreign cultural establishments in Viet Nam can only operate when they attain certificates.

All the operations of foreign cultural establishments in Viet Nam or their branches in Viet Nam must be in line with the contents inscribed in the certificates of registration, permits and certificates.

During the process of operation, foreign cultural establishments in Viet Nam shall have to abide by the Vietnamese law and respect Viet Nam’s independence, sovereignty, territorial integrity, customs and habits. They must not allow any organizations or individuals to use their names or infrastructure to oppose the State of the Socialist Republic of Viet Nam or to harm the legitimate interests of other countries.

In case of operating in other relevant domains, foreign cultural establishments in Viet Nam shall have to comply with the provisions of Vietnamese law in such domains. All acts of violation of Vietnamese law in the course of operation of foreign cultural establishments in Viet Nam will be handled in accordance with Viet Nam’s current laws provisions.

Foreign cultural establishments in Viet Nam are allowed to set up their branches when they have been operating in Viet Nam for at least two years and have abided by the law and current regulations of Viet Nam.

Branches of the Viet Nam-based foreign cultural establishments do not have a legal status. They are subject to the management and administration of foreign cultural establishments in Viet Nam, while operating under the authorization of foreign cultural establishments in Viet Nam.

Foreign cultural establishments and their branches in Viet Nam shall be suspended for a definite period of time pursuant to the decisions of the Vietnamese Minister of Culture, Sports and Tourism when they commit one of the following acts: acts of fraud found in seeking establishment and operation licenses, violations of the law on culture (subject to administrative sanctions at the level of suspension), and other cases (as prescribed by law).

Foreign cultural establishments and branches shall be allowed to resume operation after they successfully address the violations that have led to their suspension.

 By Vien Nhu

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