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MINISTRY OF
CULTURE. SPORTS AND TOURISM
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SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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No.
07/2012/TT-BVHTTDL
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Hanoi,
July 16, 2012
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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
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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);
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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.
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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.
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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.
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