Tiếng Việt| THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
| No: 18/2001/ND-CP | Hanoi, May 04, 2001 |
THE GOVERNMENT
Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Governments Resolution No.90/CP of August 21, 1997 on the orientation and policy of socialization of educational, medical and cultural activities;
In order to enhance the management over and ensure favorable conditions for foreign organizations and individuals to participate in the development of the cultural and/or educational cause in Vietnam;
At the proposals of the Minister of Education and Training and the Minister of Culture and Information,
DECREES:
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2. Revenues earned from activities of foreign cultural and/or educational establishments, after subtracting all lawful expenses, shall only be invested in the development of the cultural and/or educational cause and the construction of infrastructure works, and expended for activities in the common interests of FCE establishments.
3. Foreign cultural and/or educational establishments that operate for the profit-making purpose shall not be subject to this Decree but shall comply with the provisions of the Law on Foreign Investment in Vietnam.
1. Training, fostering and improving professional skills in the fields of culture, arts and information;
2. Training technical workers, technicians, scientific and managerial personnel with high qualification in the fields of economics, technology, technical sciences and natural sciences;
3. Cooperating in the building of material cultural works and conducting study on non-material cultural works.
1. Representative offices are affiliate units of foreign cultural and/or educational organizations, tasked to represent such organizations in promoting the formulation of projects and/or programs for cooperation in the cultural and educational fields, which the Vietnamese side is interested in; urging and supervising the implementation of agreements on cultural and educational cooperation already signed with the Vietnamese cultural and/or educational organizations.
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3. Independent establishments are FCE establishments where foreign parties bear all costs for the building of their material and technical foundations, and organize and administer all their operations.
- Having the legal person status under the law of the country where it has been set up;
- Having a charter, clear operation guidelines and objectives and an operating duration of 3 years or more;
- Having programs and/or projects, which the Vietnamese side is interested in and which are feasible and aimed to promote the development of Vietnams culture and/or education.
2. A dossier of application for the permit to set up a representative office in Vietnam shall comprise:
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- The full name and nationality of the applying organization and the place where it is headquartered;
- The operation guideline and objectives;
- A summary of the organizations development process;
- The financial sources and capability, as compared to the prescribed minimum financial capability;
- Reason(s) for setting up a representative office in Vietnam and the place where it plans to locate its office;
- The number of Vietnamese and foreigners expected for the representative offices operation.
b/ The charter or operation regulation of the foreign cultural and/or educational organization that applies for permit to set up a representative office.
c/ The written certification of the legal person status, issued by the competent body of the locality where it has been set up.
d/ Documents summarizing the development of cooperation between the cultural and/or educational organization that applies for permit to set up a representative office and Vietnamese cultural and/or educational organizations.
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f/ The curriculum vitae of the person to be appointed the director of the representative office.
a/ Being an organization or individual that has operated for at least 5 years in the field intended for joint-venture;
b/ Having documents certifying that its legal status and financial situation satisfy the joint-venture conditions specified in the joint-venture contracts.
2. A joint-venture establishment shall be granted permit when the foreign party fully meets the following conditions:
a/ Being an organization with legal person status or an individual with legal capacity in the home country;
b/ Having operated for at least 5 years in the field intended for joint-venture;
c/ Having necessary material conditions and technical facilities and equipment as required by the agreed contracts.
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a/ A permit application containing the following principal contents:
- The full names, nationalities and addresses of the joint-venture parties;
- The objectives, scope and duration of operation in the joint-venture field;
- The summarized process of each partys operation in the joint-venture field;
- Reason(s) for setting up the joint-venture establishment and the place where it plans to locate its office;
- The number of Vietnamese and foreigners expected to work at the joint-venture establishment.
b/ The agreed contract between the joint-venture parties.
c/ The written certification of the legal status, financial sources and capabilities of the joint-venture parties.
d/ The charter or the statute on organization and operation of the joint-venture establishment.
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a/ Being an organization with legal person status or an individual with legal capacity;
b/ Having operated for at least 5 years in the field applied for permit;
c/ Having necessary material conditions;
d/ Bearing nationality of the foreign country that has already signed with Vietnam governmental-level cultural and/or educational cooperation documents, which are still effective.
2. A dossier of application for permit to set up an independent establishment shall comprise:
a/ A permit application containing the following principal contents:
- The full name, nationality and address of the foreign party;
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- A summary of past operations in the field applied for permit;
- Reason(s) for setting up the independent establishment and the place where it plans to locate its office;
- The number of Vietnamese and foreigners expected to work at the establishment.
b/ The operation plan.
c/ The written certification of legal status and financial source and capability of the foreign party.
d/ The charter or statute on organization and operation of the independent establishment.
e/ The curriculum vitae of the person to be appointed the director.
Article 8.- Operation duration of FCE establishments in Vietnam:
1. The operation duration of representative offices shall be 5 years counting from the date of permit signing and may be extended. Each extension must not exceed 5 years.
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1. The Prime Minister shall decide whether or not to grant permits to independent establishments, tertiary and postgraduate education establishments, cultural establishments of national or international scale and group-A projects.
2. The Minister of Education and Training shall decide on FCE establishments operating mainly in the field of education and training, except for cases specified in Clauses 1 and 4 of this Article.
3. The Minister of Culture and Information shall decide on FCE establishments operating mainly in the field of culture and information, except for cases specified in Clause 1 of this Article.
4. The Minister of Labor, War Invalids and Social Affairs shall decide on FCE establishments operating mainly in the field of job training, except for cases specified in Clauses 1, 2 and 3 of this Article.
5. The authorities competent to permit the setting up of FCE establishments in Vietnam shall also be competent to extend, modify, supplement and withdraw permits, temporarily suspend, terminate and dissolve FCE establishments in Vietnam.
Article 10.- The reception and evaluation of permit application dossiers are prescribed as follows:
1. For FCE establishments specified in Clause 1, Article 9 of this Decree, the Ministry of Education and Training, the Ministry of Culture and Information and the Ministry of Labor, War Invalids and Social Affairs shall receive dossiers according to their respective assigned branch-managing functions, consult the concerned ministries, branches and provincial-level Peoples Committees (hereinafter collectively called the provincial Peoples Committees), then submit them to the Prime Minister for consideration and decision.
2. For other cases, the Ministry of Education and Training, the Ministry of Culture and Information and the Ministry of Labor, War Invalids and Social Affairs shall receive dossiers according to their competence provided for in Clauses 2, 3 and 4, Article 9 of this Decree, consult the concerned ministries, branches and provincial Peoples Committees before examining them and making decisions.
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1. For cases specified in Clause 1, Article 9 of this Decree, within 90 days after receiving the complete and valid dossiers, the dossier receiving and evaluating body shall have to complete the evaluation and submit its comments to the Prime Minister. Within 7 days after the Prime Minister decides whether or not to grant permits, the dossier receiving and evaluating body shall notify the result in writing to the applicants.
2. For other cases, within 30 days for representative offices and 60 days for independent FCE establishments after receiving complete and valid dossiers, the permit-granting body shall notify the result in writing to the applicants.
2. Within 30 days after completing the procedures for operation registration with the provincial Peoples Committee, a FCE establishment shall have to publish on a central newspaper and a local newspaper for 5 consecutive issues the following contents:
a/ The name of the FCE establishment (in Vietnamese and a common foreign language);
b/ The setting up permit (serial number, date and granting body);
c/ The full name of the director;
d/ The location of head office, telephone and fax numbers;
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Within 30 days after receiving applications for change, addition and/or extension, the permit-granting bodies shall reply the applicants in writing.
1. The operation of a FCE establishment shall be terminated in the following cases:
a/ The duration inscribed in the permit expires;
b/ At the request of such FCE establishment;
c/ Under a permit-withdrawal decision of the permit-granting body.
2. The dossier-receiving and evaluating body shall have to notify the concerned FCE establishment and provincial Peoples Committee of the reason(s) for operation termination within 30 days before such FCE establishments operation is terminated.
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POWERS AND RESPONSIBILITIES OF VIETNAM-BASED FOREIGN CULTURAL AND/OR EDUCATIONAL ESTABLISHMENTS
2. Vietnamese and foreign citizens working at FCE establishments shall have to abide by and observe the Vietnamese law, exercise their rights and fulfill their obligations on the basis of labor contracts and the provisions of the labor legislation; respect each others honor, human dignity and national traditions.
3. Vietnamese and foreign citizens working at the FCE establishments shall be equal in working conditions and interests of professional fostering and development.
4. Vietnamese citizens working at FCE establishments may join political organizations, socio-political organizations and other mass organizations according to such organizations charters and provisions of the Vietnamese law.
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2. FCE establishments that wish to lease land for building of material and technical foundations in service of their operations shall have to submit dossiers of application for land lease together with dossiers of permit application.
3. For land already assigned by the State to the Vietnamese parties for use, if they enter into cooperation with foreign parties in form of joint-venture establishments without changing land use purposes, such joint-venture establishments shall, after being granted permits, be entitled to carry out the procedures for designing, building or performing operations stated in their permits.
4. In cases where the material foundations, facilities and equipment of the FCE establishments fail to ensure the safety, hygienic or environmental conditions, the Vietnamese State management bodies may request the directors of such FCE establishments to repair or improve them within a given duration. If they deem it necessary, they shall order such establishments to temporarily cease their operations to overcome the said situation.
5. FCE establishments must not allow any individual or organization to use their names or locations to carry out activities which are illegal and contrary to the objectives already stated in their permits or registered.
2. In cases where the foreign party puts up the initial capital and borrowed capital for the construction of the material and technical foundation of a FCE establishment, it shall, after fulfilling all the financial obligations, be entitled to transfer abroad:
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b/ Foreign loans and interests thereon paid in the course of operation.
3. FCE establishments shall have to strictly comply with the Vietnamese regulations on foreign exchange management.
2. FCE establishments must not receive money or assets in any form from any person (at home and abroad) if such reception violates Vietnamese law.
2. Foreign citizens working in Vietnam at FCE establishments, after paying personal income tax, may transfer abroad their lawful incomes.
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2. In cases where international agreements which the Socialist Republic of Vietnam has signed or acceded to contain provisions different from those of this Decree, the provisions of such international agreements shall apply.
2. FCE establishments that carry out revenue-earning operations shall have to send annual financial reports to the Finance Ministry and the State management body(ies) in charge of such establishments.
1. To elaborate and submit to the competent bodies for promulgation or promulgate according to their competence legal documents on cultural and/or educational activities of FCE establishments;
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3. To be in prime charge of settling matters related to the setting up and operation of FCE establishments;
4. To guide, examine, inspect and evaluate the organization and operation of FCE establishments and publicly announce the results of examination, inspection and/or evaluation; to handle violations according to the provisions in Chapter V of this Decree.
1. To take part in the evaluation of permit application dossiers;
2. To examine and/or inspect the organization and operation of the FCE establishments;
3. To directly manage the FCE establishments based in their respective localities according to the responsibility delegation by the Government;
4. To request the competent State bodies to consider and settle matters related to the organization and operation of FCE establishments;
5. To perform other tasks under their competence as provided for by law.
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Warning or a fine of between VND five million and twenty million shall be imposed on one of the following acts:
a/ Erasing, modifying, leasing or lending permits;
b/ Using laborers to work at FCE establishments in contravention of the provisions of this Decree and Vietnams legislation on labor;
c/ Having no signboards, making improper signboards or using signboards in contravention of the provisions of law;
d/ Delaying the payment of rental for and return of working offices and facilities they have rented in case of contract termination;
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2. A fine of between VND twenty million and sixty million shall be imposed on one of the following acts:
a/ Changing names and/or directors or relocating offices from one province or centrally-run city to another without approval;
b/ Temporarily ceasing or terminating operation without prior notices;
c/ Violating the regulations on opening and use of accounts or accounting and statistical regimes;
d/ Causing troubles or obstacles to examinations and/or inspections by the competent State bodies.
3. A fine of between VND sixty million and one hundred million shall be imposed on one of the following acts:
a/ Carrying out operations beyond the objectives, contents and scope already specified in permits;
b/ Operating when permits have expired or FCE establishments are in period of temporary suspension of operation.
4. In cases where a FCE establishment commits a violation act prescribed in Clauses 1 and 2 of this Article that involves aggravating circumstance(s), it shall be fined at the highest level of the fine bracket, and at the same time, may be subject to the temporary operation suspension.
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2. The specialized Education and Training, Culture and Information, and Labor, War Invalids and Social Affairs inspectorates shall issue decisions on handling of violation acts prescribed in Clause 3, Article 32 of this Decree; report to the ministers and request the Prime Minister to temporarily suspend operation or withdraw permits of FCE establishments under the Prime Ministers deciding competence in cases where such establishments commit violation acts prescribed in Clause 4, Article 32 of this Decree.
3. The presidents of the Peoples Committees of the provinces, where FCE establishments locate their offices, shall issue decisions to handle violation acts prescribed in Clauses 1 and 2, Article 32 of this Decree; request the concerned competent State management bodies to temporarily suspend operation of FCE establishments under their deciding competence in cases where such establishments commit violation acts prescribed in Clause 4, Article 32 of this Decree.
2. FCE establishments may lodge complaints to the competent State bodies or initiate lawsuits at court about/against violation-handling decisions or acts of on-duty Vietnamese officials and/or public employees that they deem wrong.
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2. The working sections of foreign cultural and/or educational organizations currently operating in Vietnam, and have offices and staff members, but not yet been granted permits by the Vietnamese Government shall, within 60 (sixty) days after the effective date of this Decree, have to fill in the procedures for permit application according to the provisions of this Decree. If past the above-said time limit, they still fail to do so, they shall be forced to terminate their operation.
The Minister of Education and Training, the Minister of Culture and Information and the Minister of Labor, War Invalids and Social Affairs shall have to guide and inspect the implementation of this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai
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- 1 Decree of Government No.49/2005/ND-CP, on sanctioning of administrative violations in education
- 2 Decree No. 73/2012/ND-CP of September 26, 2012, on the foreign cooperation and investment in education
- 3 Decree No. 126/2018/ND-CP dated September 20, 2018 on the establishment and operation of foreign cultural institutions in Vietnam
- 4 Decree No. 126/2018/ND-CP dated September 20, 2018 on the establishment and operation of foreign cultural institutions in Vietnam
- 1 Decree of Government No. 165/2004/ND-CP of September 16, 2004 detailing the implementation of a number of articles of The Education Law on management of international cooperation in the field of education
- 2 Circular No.15/2003/TT-BGDDT of March 31, 2003 guiding the implementation of a number of articles of The Government''s Decree No. 18/2001/ND-CP of May 4, 2001 prescribing the setting up and operation of foreign cultural and educational establishments in Vietnam
- 3 Resolution No. 90/CP of August 21, 1997 on the direction and policy of socialization of educational, medical and cultural activities
- 4 Law No. 52-L/CTN/DT of Novermber 12,1996, on foreign investment in vietnam
- 5 Law No. 35-L/CTN of June 23, 1994, The Labor Code of The Socialist Republic of Vietnam.