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 of April 12, 2012, on management of the export and import of cultural products for non-commercial purposes^[1]

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

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

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

The Government promulgates the Decree amending and supplementing a number of articles of 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.

Article 1. To amend and supplement a number of articles of 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:

1. To amend and supplement Article 3 as follows:

“Article 3. Interpretation of terms

In this Decree, the terms 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 or for professional work or researches or for other not-for-profit purposes.

2. Cultural products include:

a/ Audio or video records; films; other products of audio-visual technology already recorded in digital materials or media in the form of scripts, sound or images (exclude audio or video records containing contents substituted or illustrated for books and e-publications specified in the Law on Publication);

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 follows:

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

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

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

4. To add Clause 3 to Article 8 as follows:

“Film import licensing agencies shall revoke film import permits when detecting that the films’ contents violate prohibited provisions in the Cinematography Law.”

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

“b/ Copyright certificate; contract; a summary translation in Vietnamese of the film’s content; written commitment to take responsibility for imported film contents that do not violate law; 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) to licensing agencies for assessment.

For imported cultural products being films: Within 30 days after obtaining import permits, organizations shall provide imported films and customs declarations (certified copies or copies enclosed with the originals for collation in case dossiers are hand-delivered, certified copies in case dossiers are sent by post) for assessment.

Film import licensing agencies shall make records of assessment and handover films based on dossiers and films’ synopses.”

7. To add Clause 6 to Article 9 as follows:

“6. Individuals importing films for personal use shall commit not to violate prohibited provisions in the Cinematography Law and to use films in accordance with law.”

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

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

For cultural products being 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 being films: The time limit for assessment of films must not exceed 12 working days after films are provided.”

Article 2. To replace the phrase “the provincial-level Department of Culture, Sports and Tourism” in 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

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

Article 3. Responsibility for organization of implementation

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related organizations and individuals shall implement this Decree.

Article 4. Implementation provisions

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

2. Transitional provisions

Dossiers of application for import permits which are sent before the effective date of this Decree but for which permits have not yet been granted, shall continue to be processed under 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.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
VU DUC DAM