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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
105/2007/ND-CP
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Hanoi, June
21,2007
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DECREE
ON PRINTING OF NON-PUBLICATION PRODUCTS
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on
At the proposal of the Minister of Culture and Information,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.-
Scope of regulation and subjects of application
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(covering pre-press, press and
post-press processing) and photocopying activities for business puiposes.
2. This Decree applies to
Vietnamese and foreign organizations and individuals engaged in one of the
activities prescribed in Clause 1 ofthis Article. When treaties to which
Vietnam is a contracting party otherwise provide for, those treaties prevail.
Article 2.-
Printing establishments and printed products
1. Printing establishments
prescribed in this Decree are organizations and individuals engaged in printing
or photocopying activities specified in Clause 1, Article 1 of this Decree.
Agencies' and organizations'
sections in charge of typesetting, printing and photocopying for duplicating
internal official letters, papers, and documents for non-business purposes are
not printing establishments, but heads of those agencies and organizations
shall take responsibility for all activities of these sections according to
law.
2. Printed products prescribed
in this Decree are made on different materials with printing equipment and
exclude publications, banknotes, commercial papers, invoices and checks.
Article 3.- Incentive
policies for printing activities
The State's incentive policies
for printing activities include:
1. To support investment in the
application of advanced technologies and techniques in the printing domain; to
support investment in printing establishments performing political, defense and
security tasks and printing establishments in localities entitled to state
investment priority.
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Article 4.-
Prohibited acts in printing activities
1. Printing press products and
anti-counterfeit stamps prescribed at Point a, Clause 3, Article 5 of this
Decree without printing permits.
2. Printing products without
satisfying printing conditions specified in Article 9 of this Decree; or
printing products in excess ofthe quantity specified in printing contracts.
3. Illegally printing or
photocopying documents prescribed by law as state secrets or work secrets.
4. Printing or photocopying
products banned by
Vietnam law from circulation.
5. Illegally adding, cutting or
altering contents of printing samples; illegally selling, modifying or erasing
permits of all kinds in printing activities.
Chapter II
PRINTING ACTIVITIES
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1. Printing activities are
conditional production and business activities. Organizations and individuals engaged
in printing activities shall obtain business registration certificates as
prescribed by the Enterprise Law and the Government's Decree No.08/2001/ND-CP
of February 22,2001, prescribing security and order conditions for a number of
conditional business lines.
2. After obtaining the business
registration certificate prescribed in Clause 1 of this Article, if printing
establishments print votive papers, they shall register the kind of votive
papers to be printed at provincial-level Culture and Information Services of
localities where they are located.
3. In addition to the conditions
prescribed in Clause 1 of this Article, a printing establishment must satisfy
the following conditions:
a/ Having a printing permit when
it prints press products and anti-counterfeit stamps;
b/ Possessing written approval
of a relevant state management agency when printing such items as identity
card; passport; diploma or certificate of the national education system;
c/ Its director or owner is a
Vietnamese citizen and registers permanent residence in Vietnam when the
printing establishment prints items specified at Points a and b, Clause 3 of
this Article.
Article 6.-
Dossiers of application for printing permits
1. A printing establishment
printing press products and anti-counterfeit stamps shall submit a dossier of
application for printing permits to the competent state management agency
defined in Clause 1, Article 7 of this Decree.
2. A dossier of application for
a printing permit comprises:
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b/A curriculum vitae of the
director or owner of the printing establishment enclosed with notarized copies
of his/her diplomas and certificates (if any);
c/ Documents proving the
availability of the production site; a list of main printing equipment;
d/ A notarized copy of the
business registration certificate or the printing establishment formation decision
issued by the managing agency;
e/A written commitment to
ensuring security and order conditions certified by a competent police office.
Article 7.-
Competence to grant printing permits
1. The Publication Department
shall take responsibility before the Minister of Culture and Information for
the grant of printing permits to printing establishments of central agencies
and organizations. Provincial-level Culture and Information Services shall take
responsibility before presidents of People's Committees of provinces or
centrally- run cities (below referred to as provincial-level People's
Committees) for the grant of printing permits to printing establishments
oflocal agencies, organizations and individuals.
2. Within seven working days
from the date of receipt of valid and complete dossiers, state management
agencies in charge ofprinting activities prescribed in Clause 1 of this Article
shall grant printing permits; in case of refusal, they shall issue written
replies clearly stating the reason.
Article 8.-
Supplementation ofprinting functions Printing establishments possessing
publication printing permits that wish to print other items specified at Point
a, Clause 3, Article 5 of this Decree shall send a written request for change
of their printing permits enclosed with their present printing permits to state
management agencies in charge of printing activities which have granted these
permits. Within seven working days from the date of receipt of printing
establishments' written request for change of printing permits, state
management agencies in charge of printing activities shall grant new printing
permits; in case of refusal, they shall issue written replies clearly stating
the reason.
Article 9.-
Conditions for accepting printing orders
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1. For printing of press
products: Possessing a press operation permit granted by the Ministry of
Culture and Information (presenting the original when placing a printing order
for the first time and giving a copy to the printing establishment for
archive).
2. For printing of
anti-counterfeit stamps and items specified at Point b, Article 5 of this
Article: Having printing samples certified by competent state management
agencies.
3. For printing of goods labels
and packages: Having an appropriate business registration certificate and a
letter of reference issued by the production establishment whose name will be
printed on the goods label or package. The printing samples must be signed by
the head, and affixed with the seal, of the printing-ordering production
establishment.For labels of pharmaceutical chemicals and medicines, there must
be the registration number issued by the Ministry of Health (the Drug Administration
of Vietnam) or a provincial-level Health Service according to its competence.
4. Orders of printed items must
be made in the form of economic contracts according to law.
Article
10.- Printing for foreign parties
1. Printing establishments which
receive foreign orders for printing foreign products, including votive paper,
press, savings certificate, passport, identity card, diploma, certificate and
anti-counterfeit stamp, shall submit dossiers of application for permits to
print products for foreign parties to competent state management agencies in
charge ofprinting activities prescribed in Clause 2 of this Article. A dossier
comprises:
a/ An application for a permit
to print products for foreign parties which indicates the printing
establishment's name; the name and nationality of the ordering foreign
organization or individual; the name of product ordered for printing; the
printing volume; the export border gate;
b/ Two (02) copies of the
printing sample;
c/ A notarized copy of the printing
permit or business registration certificate.
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3. Within seven working days
from the date of receipt of valid and complete dossiers, the Publication
Department or provincial-level Culture and Information Services shall grant
permits; in case of refusal, they shall issue written replies clearly stating
the reason.
Article
11.- Import of printing equipment
1. The import of printing
equipment, except for color photocopiers, does not require permits. Agencies
and organizations wishing to import color photocopiers shall submit an import
permit application dossier to the Publication Department (the Ministry of
Culture and Information).
2. A dossier of application for
a permit to import
a color photocopier comprises:
a/ A written request for the
import, clearly stating the name of the importing agency or organization, use
purposes, and brand and code of the machine;
b/ A copy of the establishment
decision or paper certifying the legal person status of the importing agency or
organization;
c/ The machine catalogue;
c/ The regulation on machine
management and use of the agency or organization.
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Article
12.- Registration of printing equipment
1. Agencies and organizations
using color photocopiers shall register them at provincial-level Culture and
Information Services oflocalities where they are located.
2. When the owner of the
registered equipment is changed, the agency or organization taking over the
equipment shall re-register it at the provincial- level Culture and Information
Service concerned.
3. When liquidating the
registered equipment, the agency or organization shall send a report to the
management agency where the equipment is registered.
Article
13.- Responsibilities of printing establishments upon changes in printing
activities
1. For printing establishments
required to have a printing permit:
a/ When the managing agency is
changed, split
up or merged or its name or
headquarters is changed, the printing establishment shall apply for change of
its printing permit in accordance with Articles 6 and
7 of this Decree;
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printing permit-granting agency.
2. For printing establishments
whose operation does not require a permit, when there are changes in the course
of operation as specified in Clause 1 ofthis Article, they shall comply with
the Enterprise Law.
3. When declaring bankruptcy or
dissolution, within seven days from the date of declaring bankruptcy or
dissolution, the printing establishment shall return its printing permit to the
permit-granting' state management agency.
Chapter
III
STATE MANAGEMENT OF
PRINTING ACTIVITIES
Article
14.- State management of printing activities
1. The Ministry of Culture and
Information shall take responsibility for unified state management of printing
activities nationwide. The Publication Department shall assist the Minister of
Culture and Information in performing state management ofprinting activities
nationwide.
2. Provincial-level People's
Committees shall perform state management of printing activities in their
localities. Provincial-level Culture and Information Services shall assist
presidents of provincial-level People's Committees in performing state
management ofprinting activities in their localities.
Article
15.- Contents of state management of printing activities
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2. To elaborate and promulgate
legal documents and policies on printing activities according to competence or
submit them to competent authorities for promulgation.
3. To grant and withdraw
printing permits.
4. To conduct training in
expertise and professional skills in printing activities.
5. To manage scientific research
into and technological application to printing activities.
6. To manage international
cooperation in printing activities.
7. To inspect, oversee, settle
complaints and denunciations and handle violations in, printing activities.
8. To perform commendation and
discipline toward printing activities.
Article
16.- Reporting regime
Printing establishments shall
report on their operation at the request of competent state management
agencies.
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Organizations and individuals
engaged in printing activities that violate the provisions of this Decree
shall, depending on the nature and severity of their violations, have their
printing of current products or their printing activities terminated or
suspended; have their printing permits withdrawn; be disciplined,
administratively sanctioned, or examined for penal liability; if causing
damage, they shall pay compensations according to law.
Chapter IV
IMPLEMENTATION PROVISIONS
Article 18.-
Re-grant of printing permits
Printing establishments required
to have a printing permit prescribed at Point a, Clause 3, Article 5 of this
Decree which were established and operated prior to the effective date of this
Decree shall apply for printing permits.
Article
19.- Implementation effect
This Decree takes effect 15 days
after its publication in "CONG BAO."
Article
20.- Responsibilities for implementation
1. Ministers, heads
ofministerial-level agencies, heads of government-attached agencies, and presidents
of provincial/municipal People's Committees shall implement this Decree.
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ON BEHALF OF
THE GOVERNMENT
PRIME
MINISTER
Nguyen Tan Dung