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THE GOVERNMENT
OF VIETNAM
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No: 31/2025/ND-CP
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Hanoi, February
24, 2025
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DECREE
AMENDING
A NUMBER OF ARTICLES OF DECREE NO. 32/2012/ND-CP OF THE GOVERNMENT DATED APRIL
12, 2012 ON THE MANAGEMENT OF IMPORT AND EXPORT OF CULTURAL PRODUCTS FOR
NON-COMMERCIAL PURPOSES
Pursuant to Law on Governmental Organization
dated June 19, 2015; Law on amendments to Law on Government Organization and
Law on Local Governmental Organization dated November 22, 2019;
Pursuant to Law on Cultural Heritage dated June
29, 2001; Law amending a number of articles of the Law on Cultural Heritage
dated June 18, 2009;
Pursuant to Law on customs dated June 23, 2014;
Pursuant to the Law on Cinematography dated June
15, 2022;
At the request of the Minister of Culture,
Sports and Tourism of Vietnam;
The Government issues a Decree amending a number
of articles of Decree No. 32/2012/ND-CP of the Government dated April 12, 2012
on the management of import and export of cultural products for non-commercial
purposes
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1. Amendment to clause 2 of Article 24:
“Article 1. Scope
1. This Decree provides for management of import
and export of cultural products for non-commercial purposes.
2. Procedures for temporary export, re-import,
procedures for temporary import, re-export of cultural products for
non-commercial purposes.”
2. Amendment Article 3:
“Article 3. Term interpretation
For the purpose of Decree, the following terms
shall be construed as follows:
1. Export of cultural products for non-commercial
purposes means act of bringing cultural products out of the territory of
Vietnam or into a special area located in the territory of Vietnam that is
considered a customs-controlled area in accordance with law for personal use,
donation, inheritance, display, exhibition, participation in contests,
cooperation, exchange, workshops, festivals, aid, dissemination, serving
professional work, research or other non-commercial purposes.
2. Import of cultural products for non-commercial
purposes means act of bringing cultural products into the territory of Vietnam
from a foreign country or from a special area located in the territory of
Vietnam that is considered a customs-controlled area in accordance with law for
personal use, donation, inheritance, display, exhibition, participation in
contests, cooperation, exchange, workshops, festivals, aid, dissemination,
serving professional work, research or other non-commercial purposes.
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a) Audio or video records of performing arts;
b) Audio or video records during film production in
Vietnam by foreign organizations and individuals;
c) Works of art, works of applied art, works
of photography;
d) Relics, antiquities.”;
3. Amendments to clause 2 of Article 4:
“Importers, exporters of cultural products that are
relics, antiquities shall comply with regulations herein and laws on cultural
heritages.”;
4. Amendment to clause 2 of Article 6:
“2. The Prime Minister shall allow ministries,
central authorities to import cultural products specified in Clause 1 of this
Article to serve professional or research work when necessary. The head of the
agency with imported cultural products must manage and use them in accordance
with law.”;
5. Amendment Article 7:
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1. When exporting cultural products which are
lawfully produced, publicized, disseminated and circulated in the Vietnamese
territory, individuals, organizations
only need to complete customs procedures as prescribed by the customs law,
unless otherwise provided by law. Pursuant to laws on application of risk
management in customs, customs authorities where the export procedures are
carried out, shall request competent state authorities specified in clause 3 of
this Article to conduct specialized inspection of cultural products.
2. Records of specialized inspection and seal of
the exported cultural products made using Forms specified in Appendix II
attached hereto shall be used as grounds for customs authorities to settle
procedures for exporting cultural products.
3. Competent authorities receiving Notification of
exports of cultural products for non-commercial purposes in accordance with
Article 8 hereof shall have the power to conduct specialized inspections and
seal cultural products for those under their jurisdiction at the request of
customs authorities or individuals, organizations.
4. Cultural authorities affiliated to People's
Committees of provinces, centrally affiliated cities (hereinafter referred to
as “provincial People's Committees”) must conduct specialized inspection of
cultural products that are relics, antiquities before export.
5. Individuals and organizations applying for
specialized inspection of cultural products before export shall submit an
application in person at the office of the customs authorities specified in
clause 3 of this Article. The application includes:
a) Application form for specialized inspection of
exported cultural products in accordance with Appendix I attached hereto;
b) Cultural products to be inspected;
c) Copy of the decision approving the export of
relics, antiquities of the Minister of Culture, Sports and Tourism;
d) Copy attached to its original copy for
comparison or certified copy of relevant document proving the lawful origin of
relics and antiquities.
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If the application does not satisfy regulations
specified in clause 5 of this Article, within 02 working days from the day of
receiving the application, state authorities with competence to conduct
specialized inspections of cultural products shall request the application to
complete their application.
Individuals, organizations shall receive records of
specialized inspection and seal of the exported cultural products attached to
such products at the offices of the specialized inspection agency.”;
6. Amendment to Article 8:
“Article 8. Authority to receive Notification of
exports of cultural products for non-commercial purposes
1. The Ministry of Culture, Sports and Tourism
shall receive Notifications of import of cultural products from individuals and
organizations in cases of cultural products uses for exchange, cooperation,
aid; participation in displays, exhibitions, competitions, and festivals at
national and regional levels.
2. The cultural authority affiliated to the
Provincial People's Committee shall receive Notifications on import of cultural
products from individuals and organizations in the following cases:
a) Cultural products serving the work of
individuals and organizations with purposes other than those specified in
Clause 1 of this Article;
b) Cultural products are gifts with a value
exceeding the tax-free standard prescribed by law;
c) Cultural products for participating in display,
exhibition, contest, festival; local circulation, dissemination.”;
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“Article 9. Procedures for notifying the import
of cultural products for non-commercial purposes
1. Individuals, organizations importing cultural
products in cases as prescribed in Article 8 hereof shall submit an application
for notifying the import of cultural products for non-commercial purposes in
person, by post, online, via the National Single Window Portal to the competent
receiving state agency.
2. The application for notifying the import of
cultural products includes:
a) Cultural product import notification using
Appendix III attached hereto;
b) 01 photo of the front and center of the cultural
product; for sculptures, add 01 photo of each side: left, right and back of the
work, with captions, minimum photo size of 13 x 18 cm, printed on paper or
recorded on a mobile storage device (for direct submission or submission by
post) or digital format photo (for online submission, submission via the
National Single Window Portal). Notarized translation of detailed content for
audio and video recordings using foreign languages;
c) Copy of bill of lading or shipment arrival
notice (if any).
3. Competent state agency specified in Article 8
hereof, When receiving the Notification, shall check the content of cultural
products specified in clause 1 of Article 6 hereof and immediately provide a
receipt of Notification of import of cultural products to the applicant in
accordance with Appendix IV attached hereto.
4. If discovering cultural products banned from
export or import as prescribed in Clause 1 of Article 6 hereof, within 02
working days from the date of receiving the adequate application as prescribed,
the competent state agency prescribed in Article 8 hereof shall send to the
Customs authority and individuals, organizations a Notification of suspension
of import of cultural products according to Appendix V attached hereto.”;
8. Amendment to Article 10:
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1. The Ministry of Culture, Sports and Tourism
shall license the import of relics, antiquities for exhibition and display in
museums.
2. The cultural authority affiliated with the
Provincial People's Committee shall license the import of relics and
antiquities for local individuals and organizations not falling in cases
specified in clause 1 of Article.
3. Individuals and organizations importing relics
and antiquities must submit 01 set of applications for licensing the import in
person, by post, online, or via the National Single Window Portal to the
competent licensing state agency in accordance with clauses 1 and 2 of this
Article.
4. The application for licensing the import of
relics, antiquities includes:
a) An application form for licensing the import of
relics, antiquities in accordance with Appendix VI attached hereto;
b) 01 color photo of relics, antiquities, with
captions, minimum photo size of 13 x 18 cm, printed on paper or recorded on a
mobile storage device (for direct submission or submission by post) or digital
format photo (for online submission, submission via the National Single Window
Portal);
c) Certified copy (for cases of online submission,
submission by post, submission via the National Single Window Portal) or copy
attached with the original for comparison (for cases of direct submission) of
the Export Certificate for relics and antiquities from abroad or document
permitting bringing relics and antiquities outside of the foreign countries;
d) Certified copy (for cases of online submission,
submission by post, submission via the National Single Window Portal) or copy
attached with the original for comparison (for cases of direct submission) of
the Authorization document for procedures for import of relics and antiquities;
sales contract or Handover record of purchased products or commitment of legal
ownership of relics and antiquities;
dd) Copy of bill of lading or shipment arrival
notice (if any).
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6. Within 02 working days from the date of
receiving the complete application as prescribed, the competent authority or person
specified in clauses1, 2 of this Article shall issue the license; in case of
refusal, there must be a written document stating the reasons; in case it is
necessary to consult relevant ministries, central authorities or agencies, the
time limit specified in this clause may be extended but not exceeding 10 days.
7. The competent licensing authority specified in
Clause 1 and Clause 2 of this Article shall return the License to the
individual or organization in person, by post, online, or via the National
Single Window Portal.
8. The license to import relics and antiquities
shall follow the form in Appendix VII attached hereto and shall be valid for 60
days from the date of issue.”;
9. Amendments to contents of Article 11:
a) Amendment to Clause 1:
“1. Receipts of notification of import of cultural
products that do not subject to Notice of suspension of import of cultural
products from a competent state agency or Licenses to import relics and
antiquities is the basis for the Customs authority to carry out procedures for
importing cultural products.”;
b) Amendment to the quoted paragraph in Clause 2 as
follows:
“2. The Customs authority shall carry out
procedures for importing cultural products in the following cases without
requiring a license to import relics, antiquities or a Notification of import
of cultural products.”;
c) Amendment to Clause 3:
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10. Amendment to Article 12:
“Article 12. Imported cultural products of
organizations and individuals entitled to diplomatic privileges and immunities
Individuals, organizations receiving imported
cultural products of individuals, organizations entitled to diplomatic
privileges and immunities for circulation or dissemination of such products in
Vietnam must carry out procedures for notifying the import of cultural products
at competent state agencies as prescribed in Article 8 hereof.”.
Article 2. Issued with this
Decree are the following appendices:
1. Appendix I: Application form for specialized
inspection of cultural products for non-commercial purposes.
2. Appendix II: including Form No. 01: Record of
specialized inspection and sealing of cultural products exported for
non-commercial purposes; Form No. 02: Form of sealing of cultural products
exported for non-commercial purposes.
3. Appendix III: Notification of the import of
cultural products for non-commercial purposes (except for relics, antiquities).
4. Appendix IV: Receipt of notification of the
import of cultural products for non-commercial purposes (except for relics,
antiquities).
5. Appendix V: Notification of suspension of the
import of cultural products for non-commercial purposes (except for relics,
antiquities).
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7. Appendix VII: License to import relics,
antiquities for non-commercial purposes.
Article 3. Organization
responsibility
1. The Ministry of Culture, Sports and Tourism
shall take charge and cooperate with relevant ministries and central
authorities in providing guidance and organizing the implementation of this
Decree.
2. Ministers, Heads of ministerial agencies, Heads
of Government agencies, Presidents of People's Committees of provinces and
centrally affiliated are responsible for implementing this Decree.
Article 4. Implementation
clause
1. This Decree comes into force from April 12,
2025.
2. If individuals and organizations that have
submitted applications for licensing the import of cultural products (except
for relics and antiquities) as prescribed in Decree No. 32/2012/ND-CP, by the
time this Decree comes into effect, have not been issued a license, they are
allowed to import cultural products, except in cases where a competent state
authority has issued a Notification of suspension of the import of cultural
products as prescribed herein.
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