Thông tư 07/2012/TT-BVHTTDL

CIRCULAR

GUIDING THE GOVERNMENT'S DECREE NO. 32/2012/ND-CP DATED APRIL 12, 2012, ON The MANAGEMENT OF THE EXPORT AND IMPORT OF CULTURAL PRODUCTS FOR NON­COMMERCIAL PURPOSES

Pursuant to the Government's Decree No. 185/2007/ND-CP dated December 25, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Culture, Sports and Tourism;

Pursuant to the Government's Decree No. 32/2012/ND-CP dated April 12, 2012, on management of the export and import of cultural products for non-commercial purposes;

At the proposal of the Chief Officer;

The Minister of Culture, Sports and Tourism promulgates the Circular guiding the Government's Decree No. 32/2012/ND-CP dated April 12, 2012, on management of the export and import of cultural products for non-commercial purposes,

Section 1. GENERAL PROVISIONS

Article 1. Scope of regulation

The export and import of cultural products for non-commercial purposes include the export and import, temporary export for re-import, or temporary import for re-export of cultural products.

Section 2. EXPORT AND IMPORT OF CULTURAL PRODUCTS

Article 2. Exported cultural products

Cultural products exported without license of culture, sports and tourism agencies as specified in Clause 1, Article 7 of Decree No. 32/2012/ND-CP include:

1. Audio, video tapes and disks of films, recorded magnetic tapes, floppy disks, hard disks, optical disks, and other audio-visual products already recorded with text, sound or image that have been legally published and circulated in Vietnam.

Photographic film, audio, video tapes and disks about individual and household activities.

Paintings, statues and fine-art works that do not violate Article 6 of Decree No. 32/2012/ND-CP being under lawful ownership of individuals or organizations and other than national relics, antiques and treasures.

Article 3. Procedures for the assessment of cultural products for export

1. The owners of cultural products that must be assessed before export as prescribed in Clause 2, Article 7 of Decree No. 32/2012/ND-CP shall directly submit one (1) dossier of application for the assessment to a state management agency in charge of culture, sports and tourism prescribed in Article 4 of this Circular, including:

a/ An application for the assessment of the cultural product (made under the from form BM.GD enclosed with this Circular);

b/ The cultural product requested to be assessed;

c/ The original or notarized copy of a license from competent agency to make films foreign countries; or the original or a notarized copy of the Decision on allowing the export of relics or antiques made by Ministry of Culture, Sports and Tourism's (including re-exported relics or antiques);

d/ Relevant documents proving the lawful origin of the relic or antique.

2. The assessment period is 10 working days after the receiving the complete and valid dossier. In special cases, assessing agencies shall decide the assessment period. The Cultural product assessment is a basis for the customs to carry out procedures for exporting cultural products.

Article 4. Authority to assess exported cultural products

Culture, sports and tourism agencies shall assess exported cultural products in accordance with Article 7 of Decree No. 32/2012/ND-CP as follows:

1. The Department of Cultural product export and import management affiliated to the office of the Ministry of Culture, Sports and Tourism shall carry out procedures for the assessment of cultural products for individuals and organizations at the central level.

2. The Services of culture, sports and tourism, or culture, sports and tourism agencies authorized by the Services of culture, sports and tourism shall carry out procedures for the assessment of cultural products for local individuals and organizations.

Article 5. Imported cultural products

Movies and TV series specified in Point b, Clause 1, Article 8 of Decree No. 32/2012/ND-CP include films for screening, broadcasting or use as samples to request the approval for dissemination and distribution in the system of cinemas and televisions nationwide or in at least two localities.

Article 6. Application for the import of cultural products

The documents specified at Point b, Clause 2, Article 9 of Decree No. 32/2012/ND-CP shall be used as follows:

1. Organizations and individuals importing a films for popularizing as prescribed by law must provide the copyright certificates; contracts; and the translation of the film plot.

2. Organizations and individuals importing relics and antiques must provide the certificates or commitment of lawful ownership of such relics or antiques.

3. Organizations and individuals providing services of delivering imported cultural products must provide written authorizations.

Article 7. Cultural products of organizations and individuals entitled to diplomatic privileges and immunities

Vietnamese individuals and organizations receiving imported cultural products from organizations and individuals entitled to diplomatic immunities as prescribed in Article 12 of Decree No. 32/2012/ND-CP shall directly apply for the cultural product import licenses at the competent agencies in charge of culture, sports and tourism prescribed in Article 8 of this Circular.

Article 8. Authority of cultural product import licensing agencies

The cultural, sports and tourism agencies competent to license cultural product import under Article 8 of Decree No. 32/2012/ND-CP are:

1. The Departments of cultural product export and import management affiliated to the Office of the Ministry of Culture, Sports and Tourism shall handle the cases falling under the licensing authority of the Ministry of Culture, Sports and Tourism.

2. The services of culture, sports and tourism or culture, sports and tourism agencies authorized by provincial-level culture, sports and tourism departments shall handle the cases falling under the licensing competence of Services of culture, sports and tourism.

Article 9. Forms enclosed with this Circular

The cultural product import license (BM.GP); the cultural product assessment and sealing record (BM.BBGD); the application for cultural product import license (BM.NK); the application for the assessment of exported cultural products (BM.GD); and the cultural sealing stamp (BM.NP) provided by the Ministry of Culture, Sports and Tourism and provincial-level culture, sports and tourism departments. (All these forms are not translated herein)

Section 3. IMPLEMENTATION PROVISIONS

Article 10. Effect

This Circular takes effect on September 1, 2012.

Article 11. Implementation responsibility

The Chief Officer, the Chief Inspector of the Ministry of Culture, Sports and Tourism, Directors of Services of Culture, Sports and Tourism, and relevant organizations and individuals are responsible for implementing this Circular.