Circular No. 16/2015/TT-BTTTT dated June 17, 2015 of the Ministry of Information and Communications detailing the Government’s Decree No. 187/2013/ND-CP of November 20, 2013, prescribing import and export of goods in the fields of printing and distribution of publications

CIRCULAR

Detailing the Government’s Decree No. 187/2013/ND-CP of November 20, 2013, prescribing import and export of goods in the fields of printing and distribution of publications[1]

Pursuant to the November 20, 2012 Law on Publication;

Pursuant to the Government’s Decree No. 132/2013/ND-CP of November 16, 2013, defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communications;

Pursuant to the Government’s Decree No. 187/2013/ND-CP of November 20, 2013, detailing the implementation of the Commercial Law regarding international goods purchase and sale and goods purchase, sale, processing and transit agency activities with foreign parties;

Pursuant to the Government’s Decree No. 195/2013/ND-CP of November 21, 2013, detailing a number of articles of, and measures to implement, the Publication Law;

Pursuant to the Government’s Decree No. 60/2014/ND-CP of June 19, 2014, prescribing printing activities;

Pursuant to the Prime Minister’s Decision No. 41/2005/QD-TTg of March 2, 2005, promulgating the Regulation on goods import licensing;

At the proposal of the director of the Department of Publication, Printing and Distribution,

The Minister of Information and Communications promulgates the Circular detailing the Government’s Decree No. 187/2013/ND-CP of November 20, 2013, prescribing import and export of goods in the fields of printing and distribution of publications

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation and subjects of application

1. Scope of regulation

a/ This Circular provides for eligible subjects, goods, standards required to be satisfied, and import and export procedures in the fields of printing and distribution of publications subject to the specialized management of the Ministry of Information and Communications;

b/ Temporary import for re-export, temporary export for re-import and border-gate transfer of goods in the fields of printing and distribution of publications must comply with the Minister of Industry and Trade’s Circular No. 05/2014/TT-BCT of January 27, 2014, on temporary import for re-export, temporary export for re-import and border-gate transfer of goods.

2. Subjects of application

This Circular applies to agencies, organizations and individuals in Vietnam engaged in import and export of goods in the fields of printing and distribution of publications.

Article 2.Goods in the fields of printing and distribution of publications according to HS codes

1. Goods in the field of printing

Goods in the field of printing include equipment, spare parts and accessories under the descriptions and HS codes subject to the specialized management of the Ministry of Information and Communications, of headings:

a/ 84.40;

b/ 84.42;

c/ 84.43.

2. Goods in the field of distribution of publications

Goods in the field of distribution of publications are those under the descriptions and HS codes subject to the specialized management of the Ministry of Information and Communications, of headings:

a/ 49.01;

b/ 4903.00.00 and 4904.00.00;

c/ 49.05;

d/ 4910.00.00;

dd/ 49.11.

Article 3.Export of goods in the fields of printing and distribution of publications

1. The export of goods in the fields of printing and distribution of publications specified in this Circular does not require export permit of the Ministry of Information and Communications.

2. Publications with contents in violation of Clause 1, Article 10 of the Publication Law are banned from export in any form.

Chapter II

IMPORT OF GOODS IN THE FIELD OF PRINTING

Article 4.Subjects eligible for import of goods in the field of printing

1. Printing establishments (enterprises, business households and public non-business units possessing printing licenses or operation registrations).

2. Enterprises with the function of importing and exporting printing equipment in accordance with law.

3. Other agencies and organizations with the legal person status permitted to use printing equipment to serve their work

Article 5.Goods imported in the field of printing

1. Goods specified in Clause 1, Article 2 of this Circular, which are listed electrical equipment and satisfy the requirements specified in Appendix I to this Circular.

2. Goods specified in Clause 1, Article 2 of this Circular, which are non-electrical equipment or spare parts and accessories, and may be imported without permit of the Ministry of Information and Communications.

Article 6.Grant of import permits in the field of printing

1. A printing equipment importer specified in Article 4 of this Circular shall make and submit 1 set of dossier of application for import permit directly or by post to the Department of Publication, Printing and Distribution. Such dossier must comprise:

a/ An application for import permit, made according to form 6 provided in the Appendix to the Minister of Information and Communications’ Circular No. 03/2015/TT-BTTTT of March 6, 2015, detailing and guiding a number of articles and clauses of the Government’s Decree No. 60/2014/ND-CP of June 19, 2014, prescribing printing activities (below referred to as Circular No. 03/2015/TT-BTTTT)

b/ A catalog of each type of equipment;

c/ A certified copy or a copy (enclosed with the original for comparison) of the following papers:

A printing license or operation registration specified in Clause 5, Article 14 of the Government’s Decree No. 60/2014/ND-CP of June 19, 2014, prescribing printing activities, for a printing establishment specified in Clause 1, Article 4 of this Circular;

A business registration certificate or enterprise registration certificate, for an enterprise specified in Clause 2, Article 4 of this Circular;

An establishment decision, for an agency or organization specified in Clause 3, Article 4 of this Circular.

2. Within 5 working days after receiving a complete and valid dossier, the Department of Publication, Printing and Distribution shall grant a permit for import of printing equipment according to form 10 provided in the Appendix to Circular No. 03/2015/TT-BTTTT. In case of refusal to grant a permit, it shall reply in writing, clearly stating the reason.

3. Permits for import of printing equipment remain valid until customs clearance procedures are completed.

Chapter III

IMPORT OF GOODS IN THE FIELD OF DISTRIBUTION OF PUBLICATIONS

Article 7.Subjects eligible for import of goods in the field of distribution of publications

1. Organizations permitted to import publications specified in Article 38 of the Publication Law (below referred to as publication importers) may import publications for commercial purposes.

2. Vietnamese and foreign agencies, organizations and individuals specified in Article 41 of the Publication Law may import non-commercial publications.

Article 8.Goods imported in the field of distribution of publications

1. Imported publications specified in Clause 2, Article 2 of this Circular must satisfy the requirements provided in Appendix II to this Circular.

2. Publications with contents in violation of Clause 1, Article 10 of the Publication Law are banned from import in any form.

Article 9.Registration and certification of import registration of publications for commercial purposes

1. A publication importer shall make and submit 1 set of dossier of registration directly or by post to the Department of Publication, Printing and Distribution. In case of submitting such dossier via the Internet, the publication importer must provide a digital certificate granted by a digital signature certification service provider and comply with the guidance provided in the e-portal of the Department of Publication, Printing and Distribution. Such dossier must comprise:

a/ A registration application, made according to form 4 provided in Appendix III to the Minister of Information and Communications’ Circular No. 23/2014/TT-BTTTT of December 29, 2014, detailing and guiding a number of articles of the Publication Law and the Government’s Decree No. 195/2013/ND-CP of November 21, 2013, detailing a number of articles of, and measures to implement, the Publication Law (below referred to as Circular No. 23/2014/TT-BTTTT);

b/ Three copies of the list of to-be-imported publications, made according to form 5 provided in Appendix III to Circular No. 23/2014/TT-BTTTT.

2. Publication importers shall pay the registration fee for import of publications in accordance with law.

3. Within 15 days after receiving a complete and valid dossier, the Department of Publication, Printing and Distribution shall certify the importer’s registration for import of publications, made according to form 6 provided in Appendix III to Circular No. 23/2014/TT-BTTTT. In case of refusal to certify the registration, it shall reply in writing, clearly stating the reason.

In case of detecting a sign of violation of Vietnamese law in the contents of an imported publication, the Department of Publication, Printing and Distribution may refuse to certify the registration for import of such publication or request for appraisal of the publication contents before certifying the import registration.

Article 10.Grant of permits for import of non-commercial publications

1. Before importing non-commercial publications, agencies, organizations and individuals shall make and submit dossiers of application for import permit directly or by post to permit-granting agencies as follows:

a/ Agencies and organizations at the central level and foreign organizations headquartered in Hanoi shall submit their dossiers of application to the Department of Publication, Printing and Distribution or the Hanoi Department of Information or Communications;

b/ Other agencies and organizations, and Vietnamese and foreign individuals shall submit their dossiers to the provincial-level Departments of Information and Communications of localities where they are headquartered or border gates through which publications are to be imported.

2. Such a dossier shall be made in 1 set, comprising:

a/ An application for import permit, made according to form 7 provided in Appendix III to Circular No. 23/2014/TT-BTTTT;

b/ Two copies of the list of to-be-imported publications, made according to form 8 provided in Appendix III to Circular No. 23/2014/TT-BTTTT.

3. Agencies, organizations and individuals shall pay the fee for grant of publication import permits in accordance with law.

4. In the course of consideration for grant of import permit, if the Department of Publication, Printing and Distribution or provincial-level Department of Information and Communications detects a sign of violation of Vietnamese law, it may refuse to grant an import permit or appraise publication contents under Article 21 of Circular No. 23/2014/TT-BTTTT to have a ground for the grant of publication import permit.

Agencies, organizations and individuals shall pay expenses for appraisal in accordance with law.

5. Within 15 days after receiving a complete and valid dossier, the Department of Publication, Printing and Distribution or provincial-level Department of Information and Communications shall grant a permit for import of non-commercial publications, made according to form 9 provided in Appendix III to Circular No. 23/2014/TT-BTTTT, except where appraisal is required under Clause 4 of this Article. In case of refusal to grant a permit, it shall reply in writing, clearly stating the reason.

6. Import permits for non-commercial publications remain valid until customs clearance procedures are completed.

Chapter IV

INPLEMENTATION PROVISIONS

Article 11.Effect

1. This Circular takes effect on August 15, 2015.

2. From the effective date of this Circular , regulations on import and export of goods in the fields of printing and distribution of publications specified in the Ministry of Culture and Information’s Circular No. 48/2006/TT-BVHTT of May 5, 2006, guiding a number of provisions of the Government’s Decree No. 12/2006/ND-CP of January 23, 2006, detailing the implementation of the Commercial Law regarding international goods purchase and sale and goods purchase, sale, processing and transit agency activities with foreign parties ceases to be effective.

Article 12.Implementation organization

In the course of implementation:

1. In case there is a development or change in functions, technologies or types of goods or the law otherwise prescribes imports and exports in the fields of printing and distribution of publications, the Department of Publication, Printing and Distribution shall study and propose to the Minister of Information and Communications to make appropriate amendments and supplementations to this Circular;

2. Any problem arising in the course of implementation should be reported by agencies, organizations and individuals to the Ministry of Information and Communications (through the Department of Publication, Printing and Distribution) for consideration and settlement.-

Minister of Information and Communications
NGUYEN BAC SON

Appendix I

LIST, IMPORT PROCEDURES AND REQUIREMENTS OF IMPORTS IN THE PRINTING FIELD

(To the Ministry of Information and Communications’ Circular No. 16/2015/TT-BTTTT of June 17, 2015)

1. Plate making equipment

2.  Printing equipment

3. Post-press equipment

4. Photocopying equipment

Appendix II

LIST AND IMPORT PROCEDURES OF IMPORTS IN THE PUBLICATION DISTRIBUTION FIELD

(To the Ministry of Information and Communications’ Circular No. 16/2015/TT-BTTTT of June 17, 2015)

* Note:Publications prescribed in Clause 4, Article 4 of the Law on Publication.-