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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 22/2022/ND-CP
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Hanoi, March 25, 2022
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DECREE
ON AMENDMENTS TO DECREE NO. 32/2012/ND-CP DATED APRIL 12,
2012 OF THE GOVERNMENT ON THE EXPORT AND IMPORT MANAGEMENT OF CULTURAL PRODUCTS
FOR NON-COMMERCIAL PURPOSES
Pursuant to the Law on
Organization of the Government dated June 19, 2015; the Law on Amendments to
the Law on Organization of the Government and the Law on Organization of the
Local Government dated November 22, 2019;
Pursuant to the Law on
Cinematography dated June 29, 2006; the Law on Amendments to the Law on
Cinematography dated June 18, 2009;
At the request of the
Minister of Culture, Sports, and Tourism;
The Government hereby
promulgates the Decree on Amendments to Decree No. 32/2012/ND-CP dated April
12, 2012 of the Government on export and import management of cultural products
for non-commercial purposes (hereinafter referred to as “Decree No.
32/2012/ND-CP”).
Article 1. Amendments
to Decree No. 32/2012/ND-CP:
1. Amendments to Article 3:
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For the purpose of this
Decree, the following terms shall be 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, professional
works, research, or for other not for profit or commercial purposes.
2. Cultural products
include:
a) Audio or video
records; films; other audio-visual technology products recorded on digital
materials or media in the form of scripts, sound, or images (excluding audio or
video records containing content as substitutes for books or illustrations for
books and electronic publications specified in the Law on Publication);
b) Works of graphic
depict, applied art, painting, and photography;
c) Tangible cultural
heritages and products relating to intangible cultural heritages.”
2. Amendments to Point b Clause 1 Article 8:
“b) Films used for
dissemination or distribution nationwide as prescribed by law."
3. Point e is added to Clause 2 Article 8:
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4. Clause 3 is added to Article 8:
“The film import
licensing agency shall revoke the license to import film when detecting that a
film’s content violates regulations of the Law on Cinematography.”
5. Amendments to Point b Clause 2 Article 9:
“b) Copyright
certificate; contract; translation of the film’s content summary in Vietnamese,
and commitment documents that the content of the film does not violate
regulations of the law; letter of authorization; certificate or commitment
regarding lawful ownership with respect to relics and antiques;"
6. Amendments to Clause 5 Article 9:
“5. Individuals and
organizations shall supply import cultural products and customs declarations
(uncertified copies) for licensing agency’s assessment.
Regarding cultural
products that are films: Organizations shall provide the imported film and
customs declarations (submit certified copies or copies and present the
original for comparison in case documents are submitted directly, submit
certified copies in case documents are submitted by post) within 30 days after
receiving the license to import for assessment.
The import licensing
agency shall issue assessment documents and hand over the film based on the
document and summary of the film's content."
7. Clause 6 is added to Article 9:
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8. Amendments to Clause 2 Article 10:
“2. Within 2
working days after receiving a valid dossier, the licensing agency must grant a
permit.
Regarding cultural
products that are films: Within 3 working days after receiving a valid dossier,
the licensing agency must grant a permit."
9. Amendments to Clause 5 Article 10:
“5. The time limit for
assessment of import cultural products shall not exceed 12 working days.
Regarding cultural
products that are films: The time limit for assessment of a film shall not
exceed 12 working days after receiving it."
Article 2. Replacing
the phrase “Sở Văn hóa, Thể thao và Du lịch” (Department of Culture, Sports and
Tourism) of Decree No. 32/2012/ND-CP
Replace the phrase “Sở
Văn hóa, Thể thao và Du lịch” (Department of Culture, Sports and Tourism) with
the phrase “Sở Văn hóa, Thể thao và Du lịch/Sở Văn hóa và Thể Thao” (Department
of Culture, Sports and Tourism/Department of Culture and Sports) in Clause 1
Article 7.
Article 3.
Implementation responsibilities
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Article 4.
Implementation provision
1. This Decree comes into
force as of May 10, 2022.
2. Transitional provision
Regarding dossiers of
applications for licenses to import sent before this Decree comes into force
but have yet to receive permits, continue to comply with regulations of Decree
No. 32/2012/ND-CP.
ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Vu Duc Dam