Circular No. 07/2012/TT-BVHTTDL dated July 16, 2012 of the Ministry of Culture, Sports and Toursim guiding the Government’s Decree No. 32/2012/ND-CP of April 12, 2012, on management of the export and import of cultural products for non-commercial purposes

THE MINISTRY OF CULTURE, SPORTS AND TOURISM

Circular No. 07/2012/TT-BVHTTDL of July 16, 2012, guiding the Government’s Decree No. 32/2012/ND-CP of April 12, 2012, on management of the export and import of cultural products for non-commercial purposes

Pursuant to the Government’s Decree No. 185/2007/ND-CP of 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 of April 12, 2012, on management of the export and import of cultural products for non-commercial purposes;

At the proposal of the chief of the Office;

The Minister of Culture, Sports and Tourism issues this Circular to guide the Government’s Decree No. 32/2012/ND-CP of 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

Export and import of cultural products for non-commercial purposes include export and import of cultural products; and temporary export for re-import or temporary import for re-export of cultural products.

Section 2

EXPORT AND IMPORT OF CULTURAL PRODUCTS

Article 2. Cultural products for export

Cultural products to be exported without permits of culture, sports and tourism agencies as specified in Clause 1, Article 7 of Decree No. 32/2012/ND-CP include the following:

1. Audio- and video-recording tapes and disks of films of all kinds, magnetic tapes, floppy disks, hard disks, optical disks already recorded, and other audio-visual products already recorded with information in the form of script, sound or image which are in lawful distribution or circulation in Vietnam.

2. Photographic film of all kinds, audio- and video-recording tapes and disks displaying individual and household activities.

3. Paintings, statues and fine-art works that do not violate Article 6 of Decree No. 32/2012/ND-CP and are under lawful ownership of individuals or organizations and other than national relics, antiques and treasures.

Article 3. Procedures for assessment of cultural products for export

1. An individual or organization owning a cultural product which must be assessed before export under Clause 2, Article 7 of Decree No. 32/2012/ND-CP shall directly submit one (1) set of dossier for assessment to the office of a state management agency in charge of culture, sports and tourism defined in Article 4 of this Circular. Such a dossier comprises:

a/ An application for assessment of the cultural product (made according to form BM.GD enclosed with this Circular);

b/ The cultural product requested to be assessed;

c/ The original or a notarized copy of a competent agency’s permit for film making cooperation with a foreign country; or the original or a notarized copy of the Ministry of Culture, Sports and Tourism’s permit for export of relics or antiques (including relics or antiques for re-export);

d/ Related documents evidencing the lawful origin of the relic and antique.

2. The time limit for assessment is 10 working days after the receipt of a complete and valid dossier. In a special case, assessing agencies shall decide on the time limit for assessment. Cultural product assessment records serve as a basis for customs offices to carry out procedures for export of cultural products.

Article 4. Competence 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 cultural product export and import management division of the Ministry of Culture, Sports and Tourism’s Office shall carry out procedures for assessment of cultural products for individuals and organizations at the central level.

2. Provincial-level culture, sports and tourism departments or culture, sports and tourism agencies authorized by provincial-level culture, sports and tourism departments shall carry out procedures for assessment of cultural products for individuals and organizations in their localities.

Article 5. Imported cultural products

Motion pictures and television films specified at Point b, Clause 1, Article 8 of Decree No. 32/2012/ND-CP include films for screening, broadcasting or use as samples for introduction and submission to a council for approval, public show and distribution in the system of  cinemas and televisions nationwide or in two or more localities in accordance with law.

Article 6. Dossiers for import of cultural products

The documents specified at Point b, Clause 2, Article 9 of Decree No. 32/2012/ND-CP shall be produced as follows:

1. An individual or organization importing a film for public show in accordance with law shall produce a copyright certificate; a contract; and a summary translation of the film’s caption.

2. An individual or organization importing relics or antiques shall produce a certificate of or commitment to lawful ownership of such relics or antiques.

3. An individual or organization providing services of forwarding imported cultural products for customers shall produce a written authorization.

Article 7. Cultural products of organizations and individuals entitled to diplomatic privileges and immunities

Vietnamese individuals and organizations receiving imported cultural products of organizations and individuals entitled to diplomatic privileges and immunities specified in Article 12 of Decree No. 32/2012/ND-CP shall directly carry out procedures for applying for cultural product import permits at a competent agency in charge of culture, sports and tourism in accordance with Article 8 of this Circular.

Article 8. Competence of cultural product import licensing agencies

Cultural, sports and tourism agencies competent to license cultural product import under Article 8 of Decree No. 32/2012/ND-CP are specified as follows:

1. The cultural product export and import management division of the Ministry of Culture, Sports and Tourism’s Office shall carry out procedures for cases falling under the licensing competence of the Ministry of Culture, Sports and Tourism.

2. Provincial-level culture, sports and tourism departments or culture, sports and tourism agencies authorized by provincial-level culture, sports and tourism departments shall carry out procedures for cases falling under the licensing competence of provincial-level culture, sports and tourism departments.

Article 9. Forms enclosed with this Circular

Cultural product import permit (BM.GP); cultural product assessment and sealing record (BM.BBGD); application for cultural product import permit (BM.NK); application for assessment of exported cultural products (BM.GD); and cultural sealing stamp (BM.NP) of 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 of the Office, the Chief Inspector of the Ministry of Culture, Sports and Tourism, directors of provincial-level Departments of Culture, Sports and Tourism and related organizations and individuals shall implement this Circular.-

Minister of Culture, Sports and Tourism
HOANG ANH TUAN