Circular No. 22/2010/TT-BTTTT dated October 6, 2010 of the Ministry of Information and Communications regulation on the organization and print activities; amendment of and supplement to a number of provisions of the Circular No 04/2008/TT-BTTT dated July 9, 2008 and the Circular No. 02/2010/TT-BTTT dated January 01, 2010 of the Ministry of Information and Communication

CIRCULAR

REGULATION ON THE ORGANIZATION AND PRINT ACTIVITIES; AMENDMENT OF AND SUPPLEMENT TO A NUMBER OF PROVISIONS OF THE CIRCULAR NO 04/2008/TT-BTTTT DATED JULY 9, 2008 AND THE CIRCULAR NO. 02/2010/TT-BTTTT DATED JANUARY 01, 2010 OF THE MINISTRY OF INFORMATION AND COMMUNICATION

THE MINISTER OF INFORMATION AND COMMUNICATION

Pursuant to the Law on Publication dated December 3, 2004;
Pursuant to the Decree No.105/2007/ND-CP dated June 21, 2007 of the Government on print activities of non-publication products;
Pursuant to the Decree No.187/2007/ND-CP of December 25, 2007 of the Government regulating functions, tasks, powers and organizational structure of the Ministry of Information and Communications;
At the request of the Director of Publication Department,

REGULATES:

Article 1. Adjusting scope and applicable entities

1. This Circular provides organization and print activities for print establishments of the agencies, organizations and individuals are established and operated under the provisions of law.

2. To amend and supplement Clause 2, Section I, Point 1.2, Clause 1, Section II, Point 2.1, Clause 2, Section II of the Circular No.04/2008/TT-BTTTT July 9, 2008 of the Ministry of Information and Communications (hereinafter referred to as the Circular No.04/2008/TT-BTTTT) guiding the implementations of some contents of Decree No.105/2007/ND-CP dated June 21, 2007 of the Government (Hereinafter referred to as the Decree No.105/2007/ND-CP) on printing of non- publication products; Article 8 of the Circular No.02/2010/TT-BTTTT dated January 11, 2010 on the conditions on equipment for licensing of publication printing (hereinafter referred to as Circular No.02/2010/TT-BTTTT).

Article 2. Print establishments

1. Agencies, organizations and individuals performing printing specified in the Publication Law, the Decree No.105/2007/ND-CP are called print establishments.

2. Agencies and organizations operating in other branches but have their part perform printing, this part is also called print establishment.

Article 3. Organization types of print establishments

1. Print Enterprise.

2. Public non-business establishments and non-public establishments in the field of print.

3. Print dependent establishments.

4. Print business household.

Article 4. Conditions of Print activities

1.For print establishments that print publications, newspapers, magazines, anti-counterfeit stamps must have the license for print activities in accordance with the provisions of Article 5 of this Circular.

2. Print establishments not to participate in print activities as provides in clause 1 of this Article must have a certificate of business registration on print lines in accordance with laws on enterprise, investment and comply with relevant laws.

In case where print establishment is non-business and public unit must have a decision of establishment of governing agency.

Article 5. Licensing of print activities

1. When engaged in printing of newspapers, magazines, anti-counterfeit stamps, print establishments must request to license of print activities in accordance with the Publication Law, the Decree No.105/2007/ND-CP, Article 11 of this Circular and the provisions of relevant laws.

2. Dossiers of application for license shall be complied with the provisions of Clause 2, Article 31 of the Law on publication for printing publication, Article 6 of the Decree No.105/2007/ND-CP for printing newspapers, magazines and anti-counterfeit stamps. The submitting is made as follows:

a) For central print establishments, dossiers of application for license shall be sent to the Publication Department;

b) For local print establishments, dossiers of application for license shall be sent to the local department of Information and Communications.

Article 6. Conditions for receipt a print order

1. When receipt a printing order for publications, newspapers, magazines, anti-counterfeit stamps, gold codes, labels, packaging, a printing establishment must comply with the conditions stipulated in Article 32 of the Publication Law, Article 16 of the Decree No.111/2005/ND-CP of August 26, 2005, Clause 2, Article 5, clause 1, 2, 3, Article 9 of the Decree No.105/2007/ND-CP and Article 8 of this Circular.

2. When receipt of printing for products such as ID card, passports, diplomas, certificates of national education systems shall comply with the provisions of point b, clause 3, article 5 of the Decree No.105/2007/ND-CP and clause 3, section I of the Circular No.04/2008/TT-BTTTT.

3. When receipt of printing for valuable papers, bills in accordance with laws must be certified copies of the written approval of the State management agencies for that type of document and comply with the provisions of relevant laws.

Article 7. Responsibilities of the print establishments

1. Print establishments shall comply with the provisions of the Publication Law, the Decree No. 105/2007/ND-CP and the provisions of relevant laws.

2. Printing establishment shall request its customers to provide the addresses of individuals and organizations, copies of identity card or legal passport to be stored at print establishments in and to be submitted when requested by competent State agency.

3. Printing establishments shall have to check the legal procedures of the publications ordered to print before signing the contract.

4. Printing establishments shall have to fully report information on their activities to the Publication Department, Local Department of Information and Communications regularly or irregularly when requested.

5. Printing Establishments shall completely fill in the information of publications in the book recording, managing publications pre-print, print and post-press processing (form 11).

Article 8. To amend and supplement Clause 2, Section I of the Circular No. 04/2008/TT-BTTTT on printing votive paper

1. The printing votive paper must ensure no violations of regulations on advertisement and other concerned laws.

2. The printing of products of votive paper is not used content, images, textures and colors of Vietnam and foreign currency.

Product size of votive paper (votive money) must be larger or smaller than the Vietnam currency, foreign currency from 3 cm or more each dimension and only in one color, one side.

3. Registration dossier of certified votive paper for print is made in 01 copy, and then through the postal service, delivery or send directly to the Local Department of Information and Communications, including:

a) An application for registration of votive paper (form 5);

b) A certified copy or copy with the original for comparison one of the certificate of business registration of print lines in accordance with the law on enterprises, investment or written confirmation of tax code to service print establishment.

c) 2 drafts (template) of registered votive paper

4. Within 07 working days after from receiving complete and valid dossiers, the Department of Information and Communication shall grant registration certificate of votive paper printed, seal on the 02 drafts (template) of registered votive paper and return 01 draft to printing establishment, in case of refusal for granting certificate of registration must have a written reply to state the reason.

Article 9. To amend and supplement Point 1.2, Clause 1, Section II of Circular No. 04/2008/TT-BTTTT on importing color photocopiers

1. Agencies and organizations that use color photocopiers to promulgate regulations on management and use of machine and attached with dossier of application for import license to Publication Department.

2. Dossiers of application for import license of color photocopier is made 01 copy and then through the postal service, delivery or sent directly to the Publication Department, including:

a) An application for import license (Form 2);

b) A certified copy or copy with the original for comparison one of the certificates of business registration in accordance with the law on enterprises, investment or decision of establishment of the agency, organization requesting the import;

c) Regulation of management and using color photocopiers according to the form issued together with the Circular No.04/2008/TT-BTTTT;

d) Catalogue of color photocopiers.

Article 10. To amend and supplement Point 2.1, Clause 2 of Section II of Circular No. 04/2008/TT-BTTTT on registration of printing equipment

1. Agencies and organizations use the color photocopier must register with the Local Department of Information and Communications.

2. Dossiers of application for using color photocopier is made 01 copy and then through the postal service, delivery or sent directly to the Publication Department, including:

a) An application for using color photocopier (Form 4);

b) A certified copy or copy with the original for comparison to import license of color photocopiers;

c) A certified copy or copy with the original for comparison one of the certificates of business registration in accordance with the law on enterprises, investment or decision of establishment of the agency, organization requesting color photocopiers use ;

d) Regulation of management and using color photocopiers according to the form issued together with the Circular No.04/2008/TT-BTTTT;

3. Within 07 working days after from receiving complete and valid dossiers, the Department of Information and Communication shall grant registration certificate of color photocopiers, in case of refusal for granting certificate of registration must have a written reply to state the reason.

Article 11. To amend and supplement Article 8 of the Circular No.02/2010/TT-BTTTT regulating the conditions for licensing print operation of publication

1. Establishments design pre-print and print publications, newspapers, magazines, anti-counterfeit stamps must have list of the following investment equipments (Form 9) in line with operational functions, and enclose dossiers of application for operation permit:

a) Computers, film recorder or zinc recorder;

b) Printer;

c) Knives machine, steel sewing machines, cover-input machine to complex machine for completing product

2. Within 12 months from the date of issuance of operation license, the agency licensing must check print equipment investment written in the list specified in paragraph 1 in this Article of printing establishment; in case of absence of equipment by list, agencies licensing must withdraw print operation license granted.

In the process of investment if there is a change in types of devices in the list, printing establishments shall have text to notify the licensing agency.

3. Printing establishment performing only a process of product after printing is not requested in licensing print operation, but they must make a notebook for recording, managing post-print publications (Form 11).

Article 12. Issuing forms

Issue together with this Circular 11 forms to make the administrative procedures in the field of printing:

1. Form of application for licensing print operation;

2. Form of applications for licensing color photocopiers import;

3. Form of color photocopiers import license;

4. Form of application for registering color photocopier;

5. Form of application for registering votive paper to print;

6. Form of certification for votive paper to print;

7. Form of applications for licensing process print abroad;

8. Form of process print license abroad;

9. Form of list of printing equipment;

10. Form of print operation license;

11. Form of records for management of publications received to print-out, print and process after printing.

Article 13. Effect

1. This Circular takes effect after 45 days from the date of its signing.

2. In the process of implementation, if any problems arising, agencies, organizations or individuals report to the Ministry of Information and Communications (through the Publication Department - No. 10 Duong Thanh, Hoan Kiem, Hanoi) for consideration and settlement.