Nghị định 32/2012/ND-CP

DECREE

ON THE EXPORT AND IMPORT MANAGEMENT OF CULTURAL PRODUCTS FOR NON-COMMERCIAL PURPOSES

THE GOVERNMENT

Pursuant to the Law on Organization of the Government, of December 25, 2001;

Pursuant to the Law on Cultural Heritage, of June 29, 2001; and the Law amending and supplementing a number of articles of the Law on Cultural Heritage, of June 18, 2009;

Pursuant to the Law on Cinematography of June 29, 2006, and the Law amending and supplementing a number of articles of the Law on Cinematography, of June 18, 2009;

At the proposal of the Minister of Culture, Sports and Tourism;

The Government promulgates the Decree on the export and import management of cultural products for non-commercial purposes.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of adjustment

1. This Decree provides on the export and import management of cultural products for non commercial purposes.

2. This Decree does not regulate the export and import management of publications, newspapers and magazines for non-commercial purposes. The export and import operation of publications, newspapers and magazines comply with the laws on press and publication.

Article 2. Subjects of application

Vietnamese and foreign organizations and individuals (hereinafter referred to as organizations and individuals) that have cultural products exported or imported for non-commercial purposes.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Export and import operation of cultural products for non-commercial purposes (hereinafter referred to as export and import of cultural products) mean bringing cultural products from Vietnam to foreign countries or from foreign countries into Vietnam through border gates, via the Internet or otherwise for personal use, presentation, donation, inheritance, participation in exhibitions or contests, cooperation, exchange, workshops, festivals, aid, dissemination or for other not for profit or commercial purposes.

2. Cultural products comprise:

a/ Audio or video records; films, magnetic tapes, floppy disks, hard disks and optical disks already recorded; other audio-visual technology products already recorded with information in form of scripts, sound or images;

b/ Works of graphic depict, applied art, painting and photography;

c/ Tangible cultural heritages and products relating to intangible cultural heritages.

Article 4. Application of relevant laws and treaties

1. Individuals and organization publicizing and disseminating works overseas shall comply with provisions on overseas works publication and dissemination.

2. Individuals and organizations exporting or importing cultural products being tangible cultural heritages and products relating to intangible cultural heritages shall comply with provisions in this Decree and the Law on Cultural Heritage, of June 29, 2001; the Law amending, supplementing a number of articles of the Law on Cultural Heritage, of June 18, 2009 and documents guiding implementation.

3. Individuals and organizations exporting or importing cultural products must ensure complying with provisions of the laws on protection of state secrets, laws on intellectual property and relevant laws.

Article 5. Taxes, charges and fees

Organizations, individuals exporting or importing cultural products must pay taxes, charges and fees in according to the laws on taxes, fees and charges.

Article 6. Cultural products prohibited from export or import

1. It is strictly prohibited to export or import the following types of cultural products:

a/ Those with contents resist the State of the Socialist Republic of Vietnam, undermining the entire people's unity bloc;

b/ Those with contents inciting violence, propagating aggressive war, sowing hatred among nations and peoples of countries; inciting depravation and obscenity and crimes;

c/ Those containing state secrets;

d/ Those providing untruthful information, distorting the history, negating revolutionary achievements; offending great personalities and national heroes; slandering for aim of offending the prestige of organizations or the honor and dignity of citizens;

e/ Other types of cultural products prohibited by law from storing, dissemination and circulation in Vietnam.

2. In case of necessary, ministries or branches at the central level may import cultural products specified in Clause 1 of this Article in order to serve their professional work or research. The procedures for such import are implemented as prescribed in Clause 1, Article 8 of this Decree. Heads of importing agencies must manage and use these cultural products in strict accordance with law.

Chapter II

PROCEDURES FOR EXPORT AND IMPORT OF CULTURAL PRODUCTS

Article 7. Export of cultural products

1. When exporting cultural products which are lawfully produced, publicized, disseminated and circulated in the Vietnamese territory, individuals, organizations do not need a permit of the state agency in charge of culture, sports and tourism, only complete customs procedures as prescribed by the customs law, unless otherwise provided by law. In case necessary to assess the content of cultural products, the customs office of the locality where implement export procedures shall consult the assessment opinions of the Ministry of Culture, Sports and Tourism or the provincial-level Culture, Sports and Tourism Department of the locality that has export cultural products.

2. The following cultural products must be assessed by state management agencies of culture, sports and tourism before export: types of films of agencies, organizations or films cooperated to supply services of film making for foreign countries which have not yet been publicized or disseminated; relics, antiques and national precious objects.

3. State management agencies of culture, sports and tourism shall assess cultural products at the request of customs offices, individuals or organizations. Assessment records are basis for customs offices to solve export procedures.

Article 8. Authority to license import of cultural products

1. The Ministry of Culture, Sports and Tourism shall grant permit for import of cultural products in the following cases:

a/ Cultural products used for exchange, cooperation, assistance; participation in exhibitions, contests or festivals at national level;

b/ Motion pictures, television films used for dissemination or distribution nationwide or in two or more localities as prescribed by law;

c/ Relics, antiques used for exhibitions or display in museums;

d/ Cultural products specified in Clause 1, Article 6 of this Decree used for professional work or research of ministries or central branches, after obtaining written opinions of relevant ministries or branches;

e/ Cultural products used for other purposes nationwide or in many localities.

2. Provincial-level Culture, Sports and Tourism Departments shall grant permit for the import of cultural products of individuals, organizations in their localities in the following cases:

a/ Cultural products used for works of individuals, organizations in their localities;

b/ Cultural products being gifts or donations with values exceeding the duty-free quota as prescribed by law;

c/ Cultural products for participation in exhibitions, contests or festivals; for circulation or dissemination in their localities;

d/ Relics, antiques of individuals, organizations in their localities;

e/ Cultural products of which they are authorized for license by the Ministry of Culture, Sports and Tourism.

Article 9. Procedures for licensing import of cultural products

1. Individuals, organizations importing cultural products in cases as prescribed in Article 8 of this Decree shall submit dossiers of application for license directly or by post to state management agencies of culture, sports and tourism.

2. A dossier of application for license includes (01 set):

a/ An application for license of individual or organization, clearly stating the kind, content, quantity, origin, use purpose and use scope of cultural products (Application form is promulgated in uniform in whole nation by the Ministry of Culture, Sports and Tourism);

b/ Copyright certificate; contract; translation of the film's content summary; written authorization; certificate or commitment regarding to lawful ownership with respect to relics, antiques;

c/ Copy of bill of lading or notice of goods delivery (if any).

3. The state management agency of culture, sports and tourism receiving dossier shall check the dossier's validity, issue a receipt and make an appointment for the permit granting.

4. Individual, organization may receive permit at the head office of the state management agency of culture, sports and tourism or by post.

5. Individual, organization shall supply import cultural products and customs declarations (uncertified copies) for licensing authority’s assessment.

Article 10. Permit for import of cultural products

1. The permit form is issued in uniform in whole nation by the Ministry of Culture, Sports and Tourism.

2. Within 2 working days after receiving a valid dossier, the licensing authority must grant a permit.

3. In case the Ministry of Culture, Sports and Tourism needs to consult related ministries or branches for grant of import permit, the time limit for licensing may be extended but not exceed 10 working days.

4. In case of licensing refusal, it must have a written to clearly state the reason therefore.

5. The time limit for assessment of import cultural products is not exceeding 12 working days.

Article 11. Customs procedures for import of cultural products

1. The import permit of cultural products granted by a state management agency of culture, sports and cultural is basis for Customs office to implement import procedures.

2. Customs offices implement import procedures for cultural products in the following cases without requiring a permit of a state management agency of culture, sports and tourism:

a/ Cultural products being documents used for international seminar or conference already permitted to organize in Vietnam by a Vietnamese competent agency. The permit for such seminar or conference is basis for Custom office to solve import procedures;

b/ Cultural products with permits of publication, dissemination or publishing by competent agencies as prescribed by Vietnamese law;

c/ Cultural products being movable property of individuals, organizations;

d/ Cultural products being luggage carried along by passengers on entry;

e/ Cultural products being gifts or donations with values within the duty-free quota as prescribed by law.

3. In case necessary to assess the content of cultural products specified in Clause 2 of this Article, the customs office of the locality where export procedures are implemented shall consult assessment opinions of state management agencies of culture, sports and tourism. Assessment records are basis for customs office to solve import procedures.

Article 12. Import cultural products of organizations and individuals entitled to diplomatic privileges and immunities

Individuals, organizations entitled to diplomatic privileges and immunities, importing cultural products in order to transfer to Vietnamese organizations, individuals or to circulate or disseminate in Vietnam must do procedures for request of import licensing at competent state management agencies of culture, sports and tourism as prescribed in Article 8 of this Decree.

Chapter III

STATE MANAGEMENT RESPONSIBILITIES FOR EXPORT AND IMPORT OF CULTURAL PRODUCTS

Article 13. Tasks and powers of the Ministry of Culture, Sports and Tourism

The Ministry of Culture, Sports and Tourism is agency assisting the Government in performing the unified state management of export and import of cultural products for non-commercial purposes and has the following tasks and powers:

1. To study, formulate to submit to the Government for promulgation, and promulgate under its authority legal documents on the state management of cultural products, to guide the order of and procedures for assessment of import or export cultural products and relevant provisions of this Decree.

2. To examine and grant permits for the import of cultural products under its authority; to organize the assessment or assess by itself cultural products at the request of individuals, organizations.

3. To execute or assume the prime responsibility for and coordinate with relevant ministries, branches and localities to implement examination, inspection, settlement of complaints and denunciations; to handle violations regarding on export and import of cultural products under its authority.

4. To direct, guide and examine the implementation of legal documents relating to export and import activities of cultural products.

Article 14. Tasks and powers of the Ministry of Finance

The Ministry of Finance shall direct, guide customs offices to implement the procedures for export and import of cultural products; coordinate to examine, inspect, handle violations, settle complaints and denunciations with respect to export and import activities of cultural products.

Article 15. Tasks and powers of ministries and branches

Within the scope of assigned functions, tasks, ministries, branches shall coordinate with the Ministry of Culture, Sports and Tourism to unify in the state management of export and import of cultural products.

Article 16. Examination and inspection

1. The Ministry of Culture, Sports and Tourism shall examine and inspect the management and licensing of export and import of cultural products of individuals and organizations engaging in export, import of cultural products.

2. The Ministry of Finance coordinates with the Ministry of Culture, Sports and Tourism to inspect and examine customs procedures for export and import of cultural products in according to this Decree and other provisions of relevant laws.

3. Ministries and ministerial-level agencies coordinate with the Ministry of Culture, Sports and Tourism to examine the export, import and use of cultural products of units under branches, sectors they are assigned to manage.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 17. Effect

1. This Decree comes into effect from June 1, 2012.

2. This Decree replaces the Government's Decree No. 88/2002/ND-CP of November 7, 2002, on management of the export and import of cultural products for non-commercial purposes.

Article 18. Implementation responsibilities

1. The Minister of Culture, Sports and Tourism has responsibility for guidance and organize of the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People's Committees and relevant agencies and organizations shall implement this Decree.-