Thông tư 29/2001/TT-BVHTT

CIRCULAR

GUIDING THE IMPLEMENTATION OF THE PRIME MINISTER�S DECISION No. 46/2001/QD-TTg OF APRIL 4, 2001 ON THE MANAGEMENT OF GOODS EXPORT AND IMPORT IN THE 2001-2005 PERIOD

In furtherance of the Prime Minister’s Decision No. 46/2001/QD-TTg of April 4, 2001 on the management of goods export and import in the 2001-2005 period, the Ministry of Culture and Information hereby guides the implementation of Section V (List of goods subject to the specialized management by the culture and information service) of Appendix 03 issued together with Decision No. 46/2001/QD-TTg as follows:

I. GENERAL PROVISIONS ON THE MANAGEMENT OF SPECIALIZED CULTURE AND INFORMATION IMPORT/EXPORT GOODS

1. Import/export goods and equipment on the list of those subject the specialized management by the culture and information service, which fall under peculiar business lines, shall be governed by such legal documents as the Publication Law, the Press Law and the Government’s Decrees No. 48/CP and No. 26/CP on the management of cinematographic activities.

2. Import goods and equipment subject to the specialized management by the culture and information service defined in this Circular must fully meet the provisions on the management of culture and information activities and comply with the service’s technology and development planning.

3. Due to cultural products peculiarity, only enterprises having registered suitable business lines are entitled to import goods prescribed in Part III of this Circular.

II. LIST OF GOODS SUBJECT TO THE SPECIALIZED MANAGEMENT BY THE CULTURE AND INFORMATION SERVICE, WHICH ARE BANNED FROM IMPORT/EXPORT

1. List of specialized culture and information goods banned from export:

a) Assorted antiques;

b) Artifacts belonging to museums and cultural-historical relics;

c) Assorted Buddha statues and worshiping objects made of all kinds of material, originated from worshiping places of different religions (temples, pagodas, shrines or churches);

d) Books, newspapers, motion pictures, video films, objects already visually and/or audio recorded or other audio-visual data (CD, VCD, DVD, cassette tapes) and other cultural products banned from dissemination and circulation in Vietnam.

2. List of specialized culture and information goods banned from import:

a) Assorted cultural products with depraved, obscene, violence-inciting, or reactionary contents.

b) Children’s toys of various kinds, badly affecting the personality education and social order and safety.

III. GOODS SUBJECT TO THE SPECIALIZED MANAGEMENT By THE CULTURE AND INFORMATION SERVICE, WHICH ARE ALLOWED TO BE IMPORTED/EXPORTED

1. List of export specialized cultural and informational goods:

a) Assorted publications (books, newspapers, magazines, paintings, photos, calendars) not regulated by Clause 1-d, Section II.

b) Cinematographic works and other audio-visual products, recorded on all materials and not regulated by Clause 1-d, Section II.

c) Art works of all genres, newly produced on all materials like paper, fabric, silk, wood, lacquer, copper, gypsum (with clear origins)

2. List of import specialized cultural and information goods:

a) Assorted publications (books, newspapers, magazines, photos, calendars)

b) Cinematographic works and other audio-visual products, recorded on all materials.

c) Lay-out and type setting used exclusively for the printing industry (scanners, color distributors, film developers and prints, design makers).

d) Assorted printers (offset printers, flexo printers, copper-tube printers, thermal printers, tampon printers and color laser printers).

IV. IMPORT/EXPORT MANAGEMENT PRINCIPLES

1. For goods on the list of export specialized culture and information goods

Goods stated in Clause 1, Section III may be exported according to demand. The Ministry of Culture and Information shall neither grant export permits nor approve the contents, quantity or value of export products. The export procedures shall be dealt with at the customs offices:

a) For goods defined in Clauses 1-a and 1-b of Section III, provided that they are permitted to be produced and circulated in Vietnam.

b) For goods defined in Clause 1.c of Section III, there must be papers clearly proving their origins in terms of production year and lawful owners.

2. For goods on the list of import specialized culture and information goods:

a) For import goods being publications of various types (books, newspapers, magazines, paintings, photos, calendars), their contents and import plans must be approved by the Ministry of Culture and Information before the enterprises carry out import procedures.

b) For goods being cinematographic works, their contents and import plans must be approved by the Ministry of Culture and Information according the provisions in Circular No. 28/2000/TT-BVHTT of October 31, 2000 guiding the implementation of the Government’s Decree No. 26/2000/ND-CP of August 3, 2000 on cinematographic activities.

For audio-visual products (recorded on all materials) other than cinematographic works, the Ministry of Culture and Information shall authorize the provincial/municipal Culture and Information Services to approve their contents before the importation. The importers may apply for the approval at convenient provincial/municipal Culture and Information Services.

c) For goods being lay-out and type-setting systems used exclusively for the printing industry (scanners, color distributors, film developers and prints, design makers), before being imported, they must be granted permits by the Ministry of Culture and Information.

d) For goods being offset printers, flexo printers, copper-tube printers, thermal printers, tampon printers and color laser printers, before being imported, they must be granted permits by the Ministry of Culture and Information.

Within 7 days as from the date of receiving import-applying dossiers from enterprises, the Ministry of Culture and Information or the provincial/municipal Culture and Information Services shall issue either documents approving the list of goods items and programs contents, or the import permits for the enterprises to carry out import procedures. In cases of refusal, they must issue written reply, clearly stating the reasons therefor.

V. IMPLEMENTATION ORGANIZATION

This Circular takes effect after its signing, applies to the activities of importing and exporting specialized culture and information goods by commercial mode (for business purposes) and replaces Circular No. 07/2000/TT-BVHTT of April 18, 2000 guiding the implementation of Decision No. 242/1999/QD-TTg.

Activities of importing and exporting specialized cultural and informational goods by non-commercial mode (for non-business purposes) shall still comply with the Regulation on the import/export of cultural products for non-business purposes, issued together with Decision No. 893/QD-PC of July 20, 1992 of the Ministry of Culture and Information.

In the course of implementation, if any troubles arise, the concerned State management agencies and subjects that import and/or export specialized culture and information goods should promptly report them to the Ministry of Culture and Information for consideration and settlement.