Thông tư 04/2016/TT-BVHTTDL sửa đổi Thông tư 15/2012; Thông tư 07/2012; Thông tư 88/2008 và Thông tư 05/2013

THE MINISTRY OF CULTURE, SPORTS AND TOURISM

Circular No.04/2016/TT-BVHTTDLdated June 29, 2016 of the Ministry of Culture, Sports and Tourism on amending and supplementing a number of Articles of the Circular No.  15/2012/TT-BVHTTDL; Circular No.07/2012/TT-BVHTTDL; Circular No.88/2008/TT-BVHTTDLand Circular No.05/2013/TT-BVHTTDL

Pursuant to the Law on promulgation of legislative documents dated June 03, 2008;

Pursuant to theGovernment’s Decree No. 76/2013/ND-CPdated July 16, 2013defining the functions, tasks,powerand organizational structureofMinistryof Culture, Sports and Tourism;

At the request of Director General ofthe Legal Department,

Minister ofCulture, Sports and Tourismpromulgates this Circular to provide foramendments and supplements to a number of articles of Circular No. 15/2012/TT-BVHTTDL, Circular No. 07/2012/TT-BVHTTDL, Circular No. 88/2008/TT-BVHTTDL and Circular No. 05/2013/TT-BVHTTDL.

Article 1. To amend and supplement to theCircular No. 15/2012/TT-BVHTTDLdated December 13, 2012 by Minister ofCulture, Sports and Tourismguiding the verification of copyrights and relevant rights   

1. To amend Point b Clause 4 Article 11 as follows:

“b) The verifying organization in demand of re-issuance of Certificate of verifying organization shall, by hand or by post, submit an application to the Copyright Office affiliated toMinistry of Culture, Sports and Tourism. The application consists of the following documents:

The application form for re-issuance of Certificate of verifying organization (using the form stated in APPENDIX I herein);

Certified copies of recruitment decisions, labor contracts or employment contracts made between the verifying organization and verifiers (if contents in the issued certificate of verifying organization are changed).

If the issued Certificate of verifying organization is damaged, the damaged Certificate of verifying organization must be submitted. If there is change in information, legal documents proving that change must be included in the application and the issued Certificate of verifying organization must be submitted.”.

2. Appendix No. 4 enclosed to Circular No.15/2012/TT-BVHTTDLpromulgating the Form of the Application for issuance/re-issuance ofCertificate of organizationin charge of verifying of copyright and relevant rights(using the form stated inAppendixI herein).

Article2.To amend and supplementto the Circular No. 07/2012/TT-BVHTTDL datedJuly 16, 2012by Minister of Culture, Sports and Tourismguiding the Government’s Decree No.32/2012/ND-CPdated April 12, 2012 on the management of export/import of cultural products for non-commercial purposes      

1. To amendPointcClause 1 Article 3 as follows:

“c) The copy of decision granted by a competent authority on giving permission to cooperate in filmmaking with foreign party; the copy of decision granted byMinisterof Culture, Sports and Tourismon giving permission to export relics or antiques (including re-exported relics or antiques;”.

2. To amendClause 2 Article 3 as follows:

“2. The period for verification shall not exceed 10 working days from the date on which a valid application is received.  In special cases, the period for verificationmay be extended up to15working days. The written record of verification of cultural products shall be used as the base for consideration of cultural product export procedures by customs agencies.”

Article3.To amend and supplementto the Circular No. 88/2008/TT-BVHTTDL datedDecember 30, 2008by Minister of Culture, Sports and Tourism guiding the Government’s Decree No. 92/2007/ND-CP datedJune 01, 2007 detailing the implementation of a number of articles of theLaw on Tourismwith respect totourist accommodations

1. To amendClause 2.6Section 2 Part IIIas follows:

“2.6. At least three months before the date on which decision on recognition of rating of a tourist accommodation establishment expires, thattourist accommodationestablishment must send one (01) set of application dossiers for re-classification oftourist accommodationestablishment to Department of Culture, Sports and Tourism or Department of Tourism.   Procedures for re-appraisal and re-classification shall be same as those for initial appraisal and classification.

The application dossiers for re-appraisal and re-classification of tourist accommodation establishment consist of:

a) The application form for re-classification oftourist accommodationestablishment(using the form stated in Appendix II herein);

b) The table on evaluation of quality of thetourist accommodationestablishment as provided for in National standards for classification oftourist accommodationestablishments;

c) The list of managers and attendants of thetourist accommodationestablishment as referred to in Appendix 2 of the Circular No.88/2008/TT-BVHTTDL;

d) Legal copies of:

Certificate of enterprise registration/ Certificate of household business of the tourist accommodation establishment, decision on enterprise establishment (if there are changes in Certificate of enterprise registration/ Certificate of household business);

Managers’ degrees/qualifications and/or certificates of professional improvement and working experience in tourism;

Certificate of compliance with food safety regulations (if thetourist accommodationestablishment provides foods services).

Apart from the documents mentioned above, the application for re-appraisal and re-classification for ratings of from 01 to 05 stars or a luxury rating also requires legal copies of degrees/ certificates of professional competence or foreign language comprehension of heads of front office, housekeeping, waiting staff, bartender, kitchen and security divisions.”.

2. AppendixNo. 9 enclosed to Circular No. 88/2008/TT-BVHTTDL promulgating the Form of the Application for issuance ofcertificate of standard tourist service(using the form stated inAppendixIIIherein).

Article4.To amend and supplementto the Circular No. 05/2013/TT-BVHTTDL datedJuly 29, 2013by Minister of Culture, Sports and Tourismproviding for the establishment of national standards and technical regulations byMinistry of Culture, Sports and Tourism  

1. To abrogatePointeClause 2 Article 11.

2. To amendPointgClause 2 Article 11 as follows:

“g) Complete the draft national standard and submit the application for appraisal toMinistry of Culture, Sports and Tourism.

The application for appraisalof the draft national standard consists of:

- The written request made by the compiling organization for appraisal of the applicationandthe draft national standard.

- Decision on assignment to execute the project on the establishment of national standard, enclosed with the approved project on the establishment of national standard.

-Thereportmade by the compiling organizationon the establishment of the draftnational standard.

- The draft national standard which has been completed on the basis of opinions about the acceptance of the project on the establishment of national standard (including soft copy and hard copy of the draft), enclosed with explanation; copies of original documents usedas the basis forestablishing the national standard; other reference documents.

- The list of agencies and entities that are asked for opinions about the draft national standard; the statement of summary and explanation/ receipt of received opinions, enclosed with received opinions in writing.

Opinions shall be shown in the comment form of draft national standard, using the form stated in Appendix IX, enclosed tothe Circular No. 05/2013/TT-BVHTTDL dated July 29, 2013 providing for the establishment of national standards and technical regulation by Ministry of Culture, Sports and Tourism. 

Ten (10) sets of application dossiers shall be submitted for appraisal.”.

3. To amendPointaClause 1 Article 12 as follows:

“a) An appraisal council may be comprised of from seven (07) to nine (09) persons, including a chairperson and other members, consisting of:

- Representatives of affiliates ofMinistry of Culture, Sports and Tourismin connection with subjects for which the national standard is established (they must constitute at least a half of members of the appraisal council).

-Reputableexperts who work inside or outside the Ministry, possess appropriate qualifications and have a wide knowledge about groups of subjects in the national standard.

- Representatives of specialized bodies affiliated toMinistry of Culture, Sports and Tourismand representatives ofthe Directorate for Standards, Metrology, and Qualitydirectly underMinistry of Science and Technology.

Members of specialized technical sub-boards are not appointed to the appraisal council.".

4. To supplement point h to Clause 2 Article 2 of Appendix VII:

“h) Party B shall assume responsibility for contents and results of researches done to establishnational standardsor national technical regulations underapproved projects.”.  

5. The phrase“Trang tin Diện tử của Bộ Văn hóa, Thể thao và Du lịch” shall be replaced by the phrase “Cổng thông tin Diện tử Bộ Văn hóa, Thể thao và Du lịch” andthe phrase“Ban kỹ thuật”shall be replaced by the phrase“Tiểu ban kỹ thuật chuyên ngành”in the whole document.

Article 5. Effect

1. This Circular takes effect as on August 15, 2016.

2.Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Culture, Sports and Tourism for consideration./.

The Minister

Nguyen Ngoc Thien

APPENDIX I

(Enclosed tothe Circular No. 04/2016/TT-BVHTTDL datedJune 29, 2016by Minister of Culture, Sports and Tourism)

APPLICATION FOR ISSUANCE/RE-ISSUANCE OF CERTIFICATE OF ORGANIZATION IN CHARGE OF VERIFYING COPYRIGHT AND RELEVANT RIGHTS

To: The Copyright Office of Vietnam

APPENDIX II

(Enclosed to the Circular No. 04/2016/TT-BVHTTDL dated June 29, 2016 by Minister of Culture, Sports and Tourism)

APPLICATION FORM FOR RE-CLASSIFICATION OF TOURIST ACCOMMODATION ESTABLISHMENT

In order to implement the Circular No. 88/2008/TT-BVHTTDLdated December 31, 2008 byMinisterof Culture, Sports and Tourism, after studying criteria for rating oftourist accommodationestablishments, we do submit this application to (*) ………………….. to consider and make re-classification of ourtourist accommodationestablishment.

1. General information about thetourist accommodationestablishment

- Type and name ofthe tourist accommodation establishment:

-Address:

- Tel.:                         Fax:                             Email:                               Website:

- Time of starting business activities:

- Recognized class/rating:…………………. under Decision No.:…………………………

dated…………/……/…………………………………………………………………………

2. Facilities

- Total initial investment:

- Total additional investment:

- Total area ofpremises (m2):

-Totalbuildingarea of premises (m2):

- Total rooms:                                      Average capacity of rooms (%):

-Services inthe tourist accommodation establishment:

………………………………………………………………………………………………………

3. Managers and attendants

- Total:

Where:

- Attending professional improvement courses (%):

- Foreign language (%):

- Requested rating:

We undertake that we shall ensure our quality and strictly comply regulated standards./.

Note: (*) Head of competent tourism authority that is competent to make classification.

APPENDIX III

(Enclosed to the Circular No. 04/2016/TT-BVHTTDL dated June 29, 2016 by Minister of Culture, Sports and Tourism)

  APPLICATION FOR ISSUANCE OF CERTIFICATE OF STANDARD TOURIST SERVICE 

To:Department of Culture, Sports and Tourism/ Department of Tourism of Province (City)………

- Name of the establishment providing foods and drinks or shopping service:

-Address:

- Tel.:                                                            Fax:

 Email:                                    Website:

-Number ofbusiness registrationcertificate:

Issued date:                                         Issuing authority:

-Time of starting business activities:

- Managers and attendants

- This application is submitted for theissuance of certificate of standard tourist service. 

We undertake that we shall ensure our quality and strictly comply regulated standards./.