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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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No.
32/2012/ND-CP
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Hanoi,
April 12, 2012,
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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.
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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.
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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.
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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
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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;
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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):
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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.
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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.
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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.
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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
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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.-
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung
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