Decree No. 25/2018/ND-CP dated February 28, 2018 of the Government on amending and supplementing a number of articles of the Government’s Decree No. 60/2014/ND-CP of June 19, 2014, prescribing printing activities

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 60/2014/ND-CP of June 19, 2014, prescribing printing activities^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

At the proposal of the Minister of Information and Communications;

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 60/2014/ND-CP of June 19, 2014, prescribing printing activities.

Article 1.To amend and supplement a number of articles of the Government’s Decree No. 60/2014/ND-CP of June 19, 2014, prescribing printing activities

1. To amend and supplement Clause 1, Article 1 as follows:

“1. This Decree prescribes printing activities, including conditions on operation of printing establishments; prepress, press and postpress; duplication (below referred to as photocopying); and import and management of equipment of the printing industry.

Prepress, press and postpress of publications must comply with the law on publication.”

2. To amend and supplement Article 3 as follows:

“Article 3. State policies toward printing activities

1. To encourage and give incentives for  investment in application of energy-efficient, material- and labor-saving and environment-friendly printing technologies, techniques and equipment; to restrict the use of, and not to manufacture and import, printing equipment using obsolete and polluting technologies.

2. To apply investment, tax and land rental incentives for printing activities serving political, national defense, security and other important tasks of the country in accordance with law.”

3. To amend and supplement Clauses 1 and 4, Article 8 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. Printing establishments and photocopying service establishments operating in the form of enterprise or public non-business unit shall make annual reports or extraordinary reports at the request of state management agencies in charge of printing activities.”

b/ To amend and supplement Clause 4 as follows:

“4. Reporting subjects, time limit, forms and methods:

a/ Reporting subjects and report recipients:

Prepress, press and postpress establishments of ministries or central agencies and organizations shall submit written reports made according to set forms to the Ministry of Information and Communications; other prepress, press and postpress establishments shall submit written reports made according to set forms to provincial-level People’s Committees; photocopying service establishments being enterprises shall submit written reports made according to set forms to district-level People’s Committees (urban districts, towns or equivalent administrative units); and photocopying services establishments being households shall make reports at the request of competent state management agencies;

b/ Annually, provincial-level People’s Committees shall make statistics and summarize printing and photocopying activities; and state management of printing and photocopying activities in their localities and send written reports thereon made according to set forms to the Ministry of Information and Communications;

c/ To-be-reported figures shall be calculated from January 1 to December 31 of a reporting year;

d/ For the subjects prescribed at Point a of this Clause (except household photocopying service establishments), the reporting time limit is January 10 of the year following the reporting year. For provincial-level People’s Committees, the reporting time limit is January 15 of the year following the reporting year;

dd/ Reporting form and methods: Reports shall be made in the form of paper document bearing the seal and signature of the head of the reporting agency or organization or the signature of the reporting person; and submitted by post, fax, in person or via email. In case of being submitted via email, reports must be word or excel files, attached with pdf files scanned from paper documents for comparison, thus ensuring the accuracy of reported information.

In case online electronic reporting systems are available, reports shall be made through such systems.

4. To amend and supplement Points b, c and dd, Clause 1, Article 11 as follows:

a/ To amend and supplement Points b and c as follows:

“b/ Having appropriate printing equipment to perform one or several of the stages of prepress, press and postpress according to its demand and operation capability and in line with the contents of its application for grant of a printing license or the printing establishment operation registration declaration prescribed in Article 12 or 14 of this Decree;

c/ Having a lawful area for performing prepress, press and postpress operations.”

b/ To amend and supplement Point dd as follows:

“dd/ Being owned by a Vietnamese organization or individual and headed by a Vietnamese citizen lawfully residing in Vietnam and having full civil act capacity.”

5. To amend and supplement Clause 1; Points b and e, Clause 2; and Clause 3, Article 12 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. Before commencing operation, printing establishments that conduct prepress, press and postpress of the products prescribed at Points a and c, Clause 4, Article 2 of this Decree shall send a dossier of application for a printing license to a state management agency in charge of printing activities according to the following provisions:

a/ Printing establishments under ministries or central agencies or organizations shall send a dossier via the online public service system or by post or courier service or submit it directly to the Ministry of Information and Communications;

b/ Other printing establishments shall send a dossier via the  online public service system or by post or courier service or submit it directly to provincial-level People’s Committees. Dossiers sent via the online public service system must have their legality ensured in accordance with the law on digital signatures and relevant regulations;”

b/ To amend and supplement Point b, Clause 2 as follows:

“b/ A certified copy or copy attached with the original for comparison of one of the papers: business registration certificate, enterprise registration certificate, investment certificate, tax registration certificate, or establishment decision, for public non-business  printing units;”

c/ To amend and supplement Point e, Clause 2 as follows:

“e/ A resume of the head of the printing establishment, made according to a set form.”

d/ To amend and supplement Clause 3 as follows:

“3. Within 15 days after receiving a complete dossier as prescribed, a state management agency in charge of printing activities shall grant a license which clearly indicates activities suitable to the printing establishment’s equipment and update unformation thereon to the national database on printing activities; if refusing to grant a license, it shall issue a written reply clearly stating the reason.

In case a dossier  contains insufficient or untruthful information or fails to express the applicant’s satisfaction of the operation conditions prescribed in Article 11 of this Decree, it shall be rejected.

Once licensed, a printing establishment is not required to make operation registration under Article 14 of this Decree. In case the printing establishment applies for  grant of a license for printing the products prescribed in this Decree and concurrently applies for a license for printing publications it is qualified for in accordance with the Law on Publication, such printing activities shall be integrated in a single license.”

6. To amend and supplement Point a, Clause 1; and Clause 3, Article 13 as follows:

a/ To amend and supplement Point a, Clause 1 as follows:

“a/ A printing establishment shall make a request for re-grant of a printing license within 7 working days after its printing license is lost or damaged.

In case a printing establishment undergoes a change in its name; address of its head office or production workshop; type of its organization and operation; establishment or dissolution of its branch(es), or its head, it shall send a written notice of such change via the online public service system, by or post or courier service or submit it directly to the state management agency in charge of printing activities having granted its license for addition to the state management database on printing activities;”

b/ To amend and supplement Clause 3 as follows:

“3. The revocation of printing licenses shall be implemented through examination and inspection activities in the information and communications field.

a/ A competent agency or person shall conduct examination and inspection at a printing establishment and make a minutes. Within 5 working days after making the minutes, this agency or person shall send a written report to the licensing agency;

b/ Within 5 working days after receiving a written request of the agency or person competent to conduct examination or inspection, the licensing agency shall request in writing the printing establishment to remedy problems which are reasons for revocation of the printing license within 30 days.

Past the 30-day time limit, if the printing establishment fails to remedy problems leading to revocation of its printing license, the head of the licensing agency shall issue a decision to revoke the printing license and require the printing establishment to hand in the granted license.

c/ For the cases prescribed at Points c and d, Clause 2 of this Article, licensing agencies shall make a decision to revoke printing licenses and request printing establishments to hand in such licenses if past 12 months after being granted printing licenses, printing establishments still fail to commence operations or if printing establishments terminate their operations or split, are merged, dissolve or go bankrupt.”

7. To amend and supplement Clauses 1, 2, 4 and 5, Article 14 as follows:

a/ To amend and supplement Clauses 1 and 2 as follows:

“1. Printing establishments that conduct prepress, press and postpress of printed products other than those prescribed at Points a, c and dd, Clause 4, Article 2 of this Decree shall register their operations with state management agencies in charge of printing activities.

2. Fifteen days before commencing operations, printing establishments shall submit 2 operation declaration forms, made according to a set form, to state management agencies in charge of printing activities as follows:

a/ Printing establishments under ministries or central agencies or organizations shall send dossiers via the online public service system or by post or courier service or submit them directly to the Ministry of Information and Communications;

b/ Other printing establishments shall send dossiers via the online public service system or by post or courier service or submit the directly to provincial-level People’s Committees.”

b/ To amend and supplement Clauses 4 and 5 as follows:

“4. Within 5 days after having a change in certified registration declarations, a printing establishment shall additionally send 2 registration declarations for the changed information, made according to a set form.

5. Within 3 working days after receiving a registration declaration prescribed in Clause 2 or 4 of this Article, a state management agency in charge of printing activities shall certify the registration and update information to the national database on printing activities; in case of refusal,  it shall issue a written reply clearly stating the reason.

The printing establishment’s operation registration declaration or declaration for change of information which does not contain sufficient information specified in a set form or which contains untruthful information shall be rejected.”

8. To amend and supplement Clause 5, Article 15 as follows:

“5. To retain dossiers related to products accepted for prepress, press and postpress for 24 months from the date of signing printing contracts. A retained dossier must comprise:

a/ The original contract on prepress, press and postpress or the original printing order prescribed in Clause 1, Article 16 of this Decree;

b/ A manuscript (model) of the product ordered for printing bearing the seal or signature of the organization or individual having the product ordered for printing, which shall be retained in one of the following forms: printed on ordinary paper; printed on tracing paper; printed on film; or electronic file stored in CD disc, CD-ROM disc, USB, hard disc drive or other data storing devices;

c/ Documents related to the product ordered for printing prescribed in Articles 17, 19, 20 and 22 of this Decree;

dd/ Book for management of products accepted for prepress, press and postpress.”

9. To amend and supplement Clause 1; and Points a and b, Clause 2, Article 16 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. Having a written printing contract or printing order made according to the set form between the printing establishment and an agency, organization or individual ordering the prepress, press or postpress (including also the increase of quantity for each printing product), specifically:

a/ For printing products prescribed in Articles 17, 19 and 20 of this Decree, a printing contract is required;

b/ For printing products prescribed in Article 22 of this Decree, a printing order made according to a set form is required.”

b/ To amend and supplement Points a and b, Clause 2 as follows:

“a/ The moded of the product ordered for printing bearing the seal or signature of the at-law representative of the ordering party or the signature of the individual having the product ordered for printing;

b/ Papers related to the product accepted for printing as prescribed in Articles 17, 19 and 20 of this Decree and other papers as prescribed by relevant specialized laws.”

10. To amend and supplement Article 19 as follows:

“Article 19. Acceptance of orders for prepress, press and postpress of financial invoices, cards and papers with pre-printed face value or for inscription of face value

1. Printing establishments may only accept orders for prepress, press and postpress of financial invoices, cards and papers with pre-printed face value or for inscription of face value when ordering parties provide the papers prescribed by relevant specialized laws on procedures and requirements for  printing of such products.

2. Ordering parties shall take responsibility before printing establishments for products ordered for printing.”

11. To amend and supplement Point b, Clause 2, Article 20 as follows:

“b/ A photo of the anti-counterfeit stamp bearing the certification of by the organization or individual issuing the stamp.”

12. To amend and supplement Article 22 as follows:

“Article 22. Acceptance of orders for prepress, press and postpress of other printing products

Printing establishments may only accept orders for prepress, press and postpress of products other than those prescribed in Articles 17, 19 and 20 of this Decree for agencies, organizations or individuals when fully meeting the conditions prescribed at Point a, Clause 2, Article 16 of this Decree.”

13. To amend and supplement Article 23 as follows:

“Article 23. Prepress, press and postpress for foreign organizations or individuals

1. When directly accepting orders for prepress, press and postpress for a foreign organization or individual (without presence in Vietnam), a printing establishment shall comply with the following regulations:

a/ The head of the establishment shall take responsibility before law for contents of printing products;

b/ The establishment may only accept order for prepress, press and postpress of printing products stated in its printing license or in accordance with the certified declarations of registration of printing activities;

c/ The establishment has a contract signed with the organization or individual ordering the prepress, press or postpress. The contract must contain information on the name and address of the foreign organization or individual ordering prepress, press or postpress; information on the name, type of printing products, quantity, place of production, time of export, name of the border gate of exportation and countries importing printing products; and other related information;

d/ The establishment shall update information of the products accepted for prepress, press and postpress in the “Register for management of publications accepted for prepress, press and postpress”;

dd/ In case of accepting orders for prepress, press and postpress of printing products being newspapers, magazines, leaflets, brochures and other printing products containing political, historical, geographical, religious, Vietnamese administrative boundary contents, or national sovereignty, the establishment shall fully and accurately declare in writing information on the name and address of the foreign organization or individual ordering the prepress, press or postpress; and information on the name, type of printing products, quantity, place of production, time of export, and name of the border gate of exportation. The written declaration shall be sent via the online public service system, by post or courier service or submitted directly to the provincial-level state management agency in charge of printing activities in the locality where the establishment conducts the prepress, press and postpress within 1 day after concluding the contract prescribed at Point c of this Clause;

e/ All printing products shall be exported abroad.

2. When accepting orders for prepress, press and postpress for a foreign organization or individual (without presence in Vietnam) via an intermediate organization or individual in Vietnam, a printing establishment shall:

a/ Comply with the provisions of Clause 1 of this Article;

b/ Request the intermediate organization or individual ordering the prepress, press or postpress to provide the customs dossier presenting the export of all printed products for retention for 24 months from the date of exportation.

3. The acceptance of orders for prepress, press and postpress for foreign organizations and individuals operating in Vietnam must comply with this Decree as for Vietnamese organizations and individuals.

4. Organizations and individuals concluding printing contracts with printing establishments shall take responsibility for copyright over printing products.

5. If wishing to distribute or use printing products in Vietnam, printing establishments or organizations and individuals ordering the prepress, press or postpress shall carry out import procedures in accordance with law.”

14. To amend and supplement Point a, Clause 2, Article 25 as follows:

“a/ Photocopying service establishments shall send declaration forms via the online public service system, by post or courier service or submit them directly to district-level People’s Committees;”

15. To amend and supplement Point b, Clause 1; and Clause 3, Article 27 as follows:

a/ To amend and supplement Point b, Clause 1 as follows:

“b/ Digital, offset, flexo, and copper roller printing machines and letterpress machines;”

b/ To amend and supplement Clause 3 as follows:

“3. The Minister of Information and Communications shall specify types of printing equipment to be imported in line with the development of printing technology and equipment in each period.

Information on imported printing equipment must be updated to the national database on printing activities.”

16. To amend and supplement Clauses 1 and 3, Article 28 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. Before importation, organizations and individuals shall make a dossier of application for a license to import printing equipment and send it via the online public service system or by post or courier service or directly submit it to the Ministry of Information and Communications.”

b/ To amend and supplement Clause 3 as follows:

“3. Within 5 working days after receiving a complete dossier, the Ministry of Information and Communications shall grant a license for import of printing equipment; in case of refusal, it shall issue a written reply clearly stating the reason.

If a dossier of application for grant of a license does not contain sufficient information, it shall be rejected.”

17. To amend Clauses 2 and 3 and add Clauses 5 and 6 below Clause 4, Article 30 as follows:

a/ To amend and supplement Clauses 2 and 3 as follows:

“2. Before being put into use, color copiers and printers with the color photocopying function shall be registered as follows:

a/ An organization or individual shall send a dossier of registration of color copiers or printers with the color photocopying function via the online public service system or by post or courier service or directly submit it to a provincial-level People’s Committee;

b/ Within 5 working days after receiving a complete dossier, the provincial-level People’s Committee shall issue a written certification of registration; in case of refusal, it shall issue a written reply clearly stating the reason.

3. A dossier of registration of color copiers or printers with the color photocopying function must comprise:

a/ An application for use of color copiers or printers with the color photocopying function, made according to a set form;

b/ Copies enclosed with the originals for comparison or certified copies of the import license; purchase contracts and invoices or hire-purchase documents, in case the dossier is sent by post or courier service;

c/ A request for machine transfer (in case these machines have been registered for use) bearing the certification of the provincial-level People’s Committee which has certified the registration of machines.”

b/ To add Clauses 5 and 6 below Clause 4 as follows:

“5. Transfer of color copiers or printers with the color photocopying function:

When transferring a color copier or printer with the color photocopying function which has been registered, the machine user shall make and send a dossier to the provincial-level People’s Committee which has certified the registration of the machine. The dossier must comprise:

a/ Two duplicates of a request for machine transfer, made according to a set form;

b/ Copies enclosed with the original for comparison or certified copies of papers guaranteeing the legal person status of the transferee, in case the dossier is sent by post or courier service;

c/ The origin certificate of registration;

d/ Within 5 working days after receiving the dossier, the provincial-level People’s Committee which has certified the machine registration shall make certification in two duplicates of the dossier, return 1 duplicate to the  requesting agency or organization, keep 1 duplicate and update information on machine registration to the management data. In case of refusal to make certification, it shall issue a written reply clearly stating the reason.

6. Liquidation of machines:

When liquidating a color copier or printer with the color photocopying function which has been registered, the machine user shall send a written notice to the state management agency in charge of printing activities of the locality where the machine is registered; the registration certificate of such machine shall become invalid.”

Article 2.Promulgation of forms

To promulgate together with this Decree 18 forms, including: application, request, declaration, list, license, certificate, register, and report for implementation of administrative procedures and information and reporting regimes in printing activities.

Article 3.To annul a number of provisions of the Government’s Decree No. 60/2014/ND-CP of June 19, 2014, prescribing printing activities

To annul Points a, d and e, Clause 1, Clause 2, and Clause 3, of Article 11; Points c, d and dd, Clause 2, and Clause 4, of Article 12; Clause 6 of Article 14; Point c, Clause 2 of Article 16; Articles 18, 21 and 24; Clause 5 of Article 25; Points a and c, Clause 1, and Clause 2, of Article 27; Point c, Clause 2, and Clause 4, of Article 28; Clause 4 of Article 30; and Clauses 1 and 4 of Article 32.

Article 4.Effect

This Decree takes effect on May 1, 2018.

Article 5.Transitional provisions

1. Printing establishments which have been granted publication printing licenses under the Law on Publication may conduct prepress, press and postpress for types of products prescribed in the Government’s Decree No. 60/2014/ND-CP of June 19, 2014, prescribing printing activities, and are not required to carry out procedures for application for grant of a printing license or registration of printing activities.

2. Printing establishments which have accepted orders for prepress, press and postpress of printing products (contracts or printing orders have been made) before the effective date of this Decree shall further comply with the Government’s Decree No. 60/2014/ND-CP of June 19, 2014, prescribing printing activities.

3. Organizations and individuals that have been granted licenses for import of printing equipment before the effective date of this Decree but not yet completed import procedures shall further comply with the Government’s Decree No. 60/2014/ND-CP of June 19, 2014, prescribing printing activities.

Article 6.Implementation responsibility

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.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

* The Appendix to this Decree is not translated.