Decree 22/2022/ND-CP amending Decree 32/2012/ND-CP on management of the export and import of cultural products for non-commercial purposes

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 32/2012/ND-CP dated April 12, 2012, on management of the export and import of cultural products for non-commercial purposes

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Cinematography Law dated June 29, 2006 and the Law Amending and Supplementing a Number of Articles of the Cinematography Law dated June 18, 2009;

At the proposal of the Minister of Culture, Sports and Tourism;

The Government hereby promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 32/2012/ND-CP dated April 12, 2012, on management of the export and import of cultural products for non-commercial purposes.

Article 1. Amending and supplementing a number of articles of the Government’s Decree No. 32/2012/ND-CP dated April 12, 2012, on management of the export and import of cultural products for non-commercial purposes

1. To amend and supplement Article 3 as follows:

“Article 3. Interpretation of terms

In this Decree, the terms and phrases below are construed as follows:

1. Export and import of cultural products for non-commercial purposes (below 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, use as aid, dissemination, for specialized and professional operations, study or for other not-for-profit purposes.

2. Cultural products include:

a) Audio or video records; films; products of audio-visual technology already recorded with information on materials or digital means in form of scripts, sound or images (excluding audio or visual recording which can substitute or illustrate a book and e-publication as prescribed in the Publication Law);

b) Plastic art works, applied fine art works, paintings and photos;

c) Tangible cultural heritages and products related to intangible cultural heritages.”

2. To amend Point b Clause 1 Article 8 as follow:

“b) Films for dissemination or distribution nationwide under law.”

3. To add Point e Clause 2 Article 8 as follows:

“e) Films that are imported by local radio-television stations for dissemination or distribution under law.”

4. To add Clause 3 Article 8 as follows:

“Licensing agencies shall revoke permits for import of films upon detecting that such films containing prohibited content as regulated by the Cinematography Law.”

5. To amend and supplement Point b Clause 2 Article 9 as follows:

“b) Copyright certificate; contract; a summary translation of the film’s content in Vietnamese; a written commitment on taking responsibility for imported film contents that do not violate law provisions; written authorization; certificate of or commitment to lawful ownership of relics or antiques;”

6. To amend and supplement Clause 5 Article 9 as follows:

“5. Individuals and organizations shall provide their imported cultural products and customs declarations (uncertified copies) for assessment.

For imported cultural products that are films: Organizations shall provide imported films and customs declarations (certified copies or copies enclosed with the originals for comparison in case the dossiers are directly submitted, or certified copies in case the dossiers are submitted via post offices) within 30 days after the import permits are granted for assessment.

Agencies granting import permits shall formulate an assessment record and hand over films on the basis of dossiers and summary of film contents.”

7. To add Clause 6 Article 9 as follows:

“6. Individuals importing films for personal use shall make a commitment to use film in accordance with law provisions not to violate prohibited regulations of the Cinematography Law.”

8. To amend and supplement Clause 2 Article 10 as follows:

“2. b) Within 2 working days after receiving a valid dossier, the competent licensing agency shall grant a permit.

For cultural products that are films: Within 3 working days after receiving a valid dossier, the competent licensing agency shall grant a permit.”

9. To amend and supplement Clause 5 Article 10 as follows:

“5. The time limit for assessment of imported cultural products must not exceed 12 working days.

For cultural products that are films: The time limit for assessment of films must not exceed 12 working days, since the date on which the organization provides the films.”

Article 2. Replacing the phrase “provincial-level Culture, Sports and Tourism Department” in the Government’s Decree No. 32/2012/ND-CP dated April 12, 2012, on management of the export and import of cultural products for non-commercial purposes

To replace the phrase “provincial-level Culture, Sports and Tourism Department” with the phrase “provincial-level Culture, Sports and Tourism Department/provincial-level Culture and Sports Department” in Clause 1 Article 7.

Article 3. Responsibility for implementation organization

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People’s Committees of provinces and centrally-run cities, and related organizations and individuals shall be responsible for the implementation of this Decree.

Article 4. Implementation provisions

1. This Decree takes effect from May 10, 2022.

2. Transitional provisions

In case dossiers of application for import permits are submitted before the effective date of this Decree but import permits have not yet been granted, provisions of the Government’s Decree No. 32/2012/ND-CP dated April 12, 2012, on management of the export and import of cultural products for non-commercial purposes, shall continue to be applied.