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THE
MINISTRY OF INFORMATION AND COMMUNICATIONS
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SOCIALIST REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
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No.
22/2010/TT-BTTTT
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Hanoi, October 6, 2010
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CIRCULAR
REGULATION
ON THE ORGANIZATION AND PRINT ACTIVITIES; AMENDMENT OF AND SUPPLEMENT TO A
NUMBER OF PROVISIONS OF THE CIRCULAR NO 04/2008/TT-BTTTT DATED JULY 9, 2008 AND
THE CIRCULAR NO. 02/2010/TT-BTTTT DATED JANUARY 01, 2010 OF THE MINISTRY OF
INFORMATION AND COMMUNICATION
THE MINISTER OF INFORMATION AND COMMUNICATION
Pursuant to the Law on
Publication dated December 3, 2004;
Pursuant to the Decree No.105/2007/ND-CP dated June 21, 2007 of the Government
on print activities of non-publication products;
Pursuant to the Decree No.187/2007/ND-CP of December 25, 2007 of the Government
regulating functions, tasks, powers and organizational structure of the
Ministry of Information and Communications;
At the request of the Director of Publication Department,
REGULATES:
Article 1.
Adjusting scope and applicable entities
1. This
Circular provides organization and print activities for print establishments of
the agencies, organizations and individuals are established and operated under
the provisions of law.
2. To amend
and supplement Clause 2, Section I, Point 1.2, Clause 1, Section II, Point 2.1,
Clause 2, Section II of the Circular No.04/2008/TT-BTTTT July 9, 2008 of the
Ministry of Information and Communications (hereinafter referred to as the
Circular No.04/2008/TT-BTTTT) guiding the implementations of some contents of
Decree No.105/2007/ND-CP dated June 21, 2007 of the Government (Hereinafter
referred to as the Decree No.105/2007/ND-CP) on printing of non- publication
products; Article 8 of the Circular No.02/2010/TT-BTTTT dated January 11, 2010
on the conditions on equipment for licensing of publication printing
(hereinafter referred to as Circular No.02/2010/TT-BTTTT).
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1. Agencies,
organizations and individuals performing printing specified in the Publication
Law, the Decree No.105/2007/ND-CP are called print establishments.
2. Agencies
and organizations operating in other branches but have their part perform
printing, this part is also called print establishment.
Article 3.
Organization types of print establishments
1. Print Enterprise.
2. Public
non-business establishments and non-public establishments in the field of
print.
3. Print
dependent establishments.
4. Print
business household.
Article 4.
Conditions of Print activities
1.For print
establishments that print publications, newspapers, magazines, anti-counterfeit
stamps must have the license for print activities in accordance with the
provisions of Article 5 of this Circular.
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In case where
print establishment is non-business and public unit must have a decision of
establishment of governing agency.
Article 5.
Licensing of print activities
1. When
engaged in printing of newspapers, magazines, anti-counterfeit stamps, print
establishments must request to license of print activities in accordance with
the Publication Law, the Decree No.105/2007/ND-CP, Article 11 of this Circular
and the provisions of relevant laws.
2. Dossiers
of application for license shall be complied with the provisions of Clause 2,
Article 31 of the Law on publication for printing publication, Article 6 of the
Decree No.105/2007/ND-CP for printing newspapers, magazines and
anti-counterfeit stamps. The submitting is made as follows:
a) For
central print establishments, dossiers of application for license shall be sent
to the Publication Department;
b) For local
print establishments, dossiers of application for license shall be sent to the
local department of Information and Communications.
Article 6.
Conditions for receipt a print order
1. When
receipt a printing order for publications, newspapers, magazines,
anti-counterfeit stamps, gold codes, labels, packaging, a printing
establishment must comply with the conditions stipulated in Article 32 of the
Publication Law, Article 16 of the Decree No.111/2005/ND-CP of August 26, 2005,
Clause 2, Article 5, clause 1, 2, 3, Article 9 of the Decree No.105/2007/ND-CP
and Article 8 of this Circular.
2. When
receipt of printing for products such as ID card, passports, diplomas,
certificates of national education systems shall comply with the provisions of
point b, clause 3, article 5 of the Decree No.105/2007/ND-CP and clause 3,
section I of the Circular No.04/2008/TT-BTTTT.
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Article 7.
Responsibilities of the print establishments
1. Print
establishments shall comply with the provisions of the Publication Law, the
Decree No. 105/2007/ND-CP and the provisions of relevant laws.
2. Printing
establishment shall request its customers to provide the addresses of
individuals and organizations, copies of identity card or legal passport to be
stored at print establishments in and to be submitted when requested by
competent State agency.
3. Printing
establishments shall have to check the legal procedures of the publications
ordered to print before signing the contract.
4. Printing
establishments shall have to fully report information on their activities to
the Publication Department, Local Department of Information and Communications
regularly or irregularly when requested.
5. Printing
Establishments shall completely fill in the information of publications in the
book recording, managing publications pre-print, print and post-press
processing (form 11).
Article 8.
To amend and supplement Clause 2, Section I of the Circular No.
04/2008/TT-BTTTT on printing votive paper
1. The
printing votive paper must ensure no violations of regulations on advertisement
and other concerned laws.
2. The
printing of products of votive paper is not used content, images, textures and
colors of Vietnam and foreign currency.
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3.
Registration dossier of certified votive paper for print is made in 01 copy,
and then through the postal service, delivery or send directly to the Local
Department of Information and Communications, including:
a) An
application for registration of votive paper (form 5);
b) A
certified copy or copy with the original for comparison one of the certificate
of business registration of print lines in accordance with the law on
enterprises, investment or written confirmation of tax code to service print
establishment.
c) 2 drafts
(template) of registered votive paper
4. Within 07
working days after from receiving complete and valid dossiers, the Department
of Information and Communication shall grant registration certificate of votive
paper printed, seal on the 02 drafts (template) of registered votive paper and
return 01 draft to printing establishment, in case of refusal for granting
certificate of registration must have a written reply to state the reason.
Article 9.
To amend and supplement Point 1.2, Clause 1, Section II of Circular No.
04/2008/TT-BTTTT on importing color photocopiers
1. Agencies
and organizations that use color photocopiers to promulgate regulations on
management and use of machine and attached with dossier of application for
import license to Publication Department.
2. Dossiers
of application for import license of color photocopier is made 01 copy and then
through the postal service, delivery or sent directly to the Publication
Department, including:
a) An
application for import license (Form 2);
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c) Regulation
of management and using color photocopiers according to the form issued
together with the Circular No.04/2008/TT-BTTTT;
d) Catalogue
of color photocopiers.
Article
10. To amend and supplement Point 2.1, Clause 2 of Section II of Circular No.
04/2008/TT-BTTTT on registration of printing equipment
1. Agencies
and organizations use the color photocopier must register with the Local
Department of Information and Communications.
2. Dossiers
of application for using color photocopier is made 01 copy and then through the
postal service, delivery or sent directly to the Publication Department,
including:
a) An
application for using color photocopier (Form 4);
b) A
certified copy or copy with the original for comparison to import license of
color photocopiers;
c) A
certified copy or copy with the original for comparison one of the certificates
of business registration in accordance with the law on enterprises, investment
or decision of establishment of the agency, organization requesting color
photocopiers use ;
d) Regulation
of management and using color photocopiers according to the form issued
together with the Circular No.04/2008/TT-BTTTT;
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Article
11. To amend and supplement Article 8 of the Circular No.02/2010/TT-BTTTT
regulating the conditions for licensing print operation of publication
1.
Establishments design pre-print and print publications, newspapers, magazines,
anti-counterfeit stamps must have list of the following investment equipments
(Form 9) in line with operational functions, and enclose dossiers of application
for operation permit:
a) Computers,
film recorder or zinc recorder;
b) Printer;
c) Knives
machine, steel sewing machines, cover-input machine to complex machine for
completing product
2. Within 12
months from the date of issuance of operation license, the agency licensing
must check print equipment investment written in the list specified in
paragraph 1 in this Article of printing establishment; in case of absence of
equipment by list, agencies licensing must withdraw print operation license granted.
In the
process of investment if there is a change in types of devices in the list,
printing establishments shall have text to notify the licensing agency.
3. Printing
establishment performing only a process of product after printing is not
requested in licensing print operation, but they must make a notebook for
recording, managing post-print publications (Form 11).
Article
12. Issuing forms
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1. Form of
application for licensing print operation;
2. Form of
applications for licensing color photocopiers import;
3. Form of
color photocopiers import license;
4. Form of
application for registering color photocopier;
5. Form of
application for registering votive paper to print;
6. Form of
certification for votive paper to print;
7. Form of
applications for licensing process print abroad;
8. Form of
process print license abroad;
9. Form of
list of printing equipment;
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11. Form of
records for management of publications received to print-out, print and process
after printing.
Article
13. Effect
1. This
Circular takes effect after 45 days from the date of its signing.
2. In the
process of implementation, if any problems arising, agencies, organizations or
individuals report to the Ministry of Information and Communications (through
the Publication Department - No. 10 Duong Thanh, Hoan Kiem, Hanoi) for
consideration and settlement.
ON
BEHALF OF MINISTER
DEPUTY MINISTER
Do Quy Doan