Decree No. 32/2012/ND-CP dated April 12, 2012 of the Government on management of the export and import of cultural products for non-commercial purposes

THE GOVERNMENT

Decree No. 32/2012/ND-CP of April 12, 2012, on management of the export and import of cultural products for non-commercial purposes

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the June 29, 2001 Cultural Heritage Law, and the June 18, 2009 Law Amending and Supplementing a Number of Articles of the Cultural Heritage Law;

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 on management of the export and import of cultural products for non-commercial purposes.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree prescribes the management of the export and import of cultural products for non commercial purposes.

2. This Decree does not regulate the management of the export and import of publications, newspapers and magazines for non-commercial purposes. The export and import of publications, newspapers and magazines comply with the laws on press and publication.

Article 2. Subjects of application

Vietnamese and foreign organizations and individuals (below referred to as organizations and individuals) that have cultural products exported or imported for non-commercial purposes.

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 other not-for-profit purposes.

2. Cultural products include:

a/ Audio or video records; films, magnetic tapes, floppy disks, hard disks and optical disks already recorded; other products of audio-visual technology already recorded with information in form of scripts, sound or images;

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

c/ Tangible cultural heritages and products related to intangible cultural heritages.

Article 4. Application of relevant laws and treaties

1. Individuals and organization publicizing and disseminating their works overseas shall comply with regulations on overseas publication and disseminations of works.

2. Individuals and organizations exporting or importing cultural products that are tangible cultural heritages and products related to intangible cultural heritages shall comply with this Decree, the June 29, 2001 Cultural Heritage Law and the June 18, 2009 Law Amending, Supplementing a Number of Articles of the Cultural Heritage Law and guiding documents.

3. Individuals and organizations exporting or importing cultural products shall comply with the laws on protection of state secrets, intellectual property and relevant laws.

Article 5. Taxes, fees and charges

Organizations and individuals exporting or importing cultural products shall pay taxes, fees and charges under the laws on taxes, fees and charges.

Article 6. Cultural products prohibited from export or import

1. It is strictly prohibited to export or import the following cultural products:

a/ Those with contents opposing to the State of the Socialist Republic of Vietnam, undermining the entire people’s unity bloc;

b/ Those with contents provoking violence, propagating war of aggression, sowing hatred among nations and peoples; inciting depraved and obscene lifestyles and crimes;

c/ Those containing state secrets;

d/ Those providing untruthful information, distorting the history, negating revolutionary achievements; offending great personalities and national heroes; slandering for the purpose of defaming organizations or hurting the honor and dignity of citizens;

e/ Other types of cultural products banned by law from storing, dissemination and circulation in Vietnam.

2. When necessary to serve their professional work or research, ministries or sectors at the central level may import cultural products mentioned in Clause 1 of this Article. The procedures for such import comply with Clause 1, Article 8 of this Decree. Heads of importing agencies shall manage and use these cultural products in strict compliance with law.

Chapter II

PROCEDURES FOR EXPORT AND IMPORT OF CULTURAL PRODUCTS

Article 7. Export of cultural products

1. Individuals and organizations exporting cultural products which are lawfully produced, publicized, disseminated and circulated in the Vietnamese territory do not need a permit of the state agency in charge of culture, sports and tourism, but shall complete customs procedures under the customs law, unless otherwise provided by law. When necessary to assess the contents of such cultural products, the customs office of the locality in which export procedures are carried out shall consult the assessment opinions of the Ministry of Culture, Sports and Tourism or the provincial-level Culture, Sports and Tourism Department of the locality that has these exported cultural products.

2. The following cultural products must be assessed by state management agencies in charge of culture, sports and tourism before export: all kinds of films of agencies, organizations or produced under film making cooperation services for foreign countries which have not yet been publicized or disseminated; relics, antiques and national precious objects.

3. State management agencies in charge of culture, sports and tourism shall assess cultural products at the request of a customs office, or an individual or organization. Assessment records serve as a basis for carrying out customs procedures.

Article 8. Competence to license import of cultural products

1. The Ministry of Culture, Sports and Tourism shall license the import of cultural products in the following cases:

a/ Cultural products for exchange, cooperation or assistance; participation in national exhibitions, contests or festivals;

b/ Motion pictures and television films for dissemination or distribution nationwide or in two or more localities under law;

c/ Relics and antiques for participation in exhibitions or display in museums;

d/ Cultural products specified in Clause 1, Article 6 of this Decree for professional work or research of ministries or sectors at the central level, after obtaining written opinions of related ministries or sectors;

e/ Cultural products for other use purposes nationwide or in different localities.

2. Provincial-level Culture, Sports and Tourism Departments shall license the import of cultural products in the following cases:

a/ Cultural products used for works of individuals or organizations in their localities;

b/ Cultural products being gifts or donations with values exceeding the duty-free quota specified by law;

c/ Cultural products for participation in exhibitions, contests or festivals; for circulation or dissemination in their localities;

d/ Relics and antiques of individuals or organizations in their localities;

e/ Cultural products for which import permits are granted authorization by the Ministry of Culture, Sports and Tourism.

Article 9. Procedures for licensing import of cultural products

1. Individuals and organizations importing cultural products specified in Article 8 of this Decree shall submit directly or by post their dossiers of application for import permits to competent state agencies in charge of culture, sports and tourism.

2. A dossier of application for an import permit comprises:

a/ An individual or organization’s application for an import permit, clearly stating the type, content, quantity, origin, use purpose and scope of cultural products (made according to a form issued by the Ministry of Culture, Sports and Tourism);

b/ Copyright certificate; contract; a summary translation of the film’s content; written authorization; certificate of or commitment to lawful ownership of relics or antiques;

c/ Copy of bill of lading or notice of goods arrival (if any).

3. The dossier-receiving state agency in charge of culture, sports and tourism shall check the dossier’s validity, issue a receipt and make an appointment for notifying the result.

4. An individual or organization may receive its permit at the head office of the state agency in charge of culture, sports and tourism or by post.

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

Article 10. Permits for import of cultural products

1. The permit form is issued by the Ministry of Culture, Sports and Tourism.

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

3. In case the Ministry of Culture, Sports and Tourism needs to consult related ministries or sectors for granting an import permit, the time limit for licensing may be extended but must not exceed 10 working days.

4. A written reply clearly stating the reason must be issued, in case of refusal to grant a permit.

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

Article 11.  Customs procedures for import of cultural products

1. The import permit of cultural products granted by a competent state agency in charge of culture, sports and cultural serves as a basis for carrying out import procedures.

2. Customs offices shall carry out import procedures for cultural products in the following cases without requiring a permit of a state agency in charge of culture, sports and tourism:

a/ Cultural products being documents used at an international seminar or conference already permitted by a competent Vietnamese agency to be organized in Vietnam. The permit for such seminar or conference serves as a basis for carrying out import procedures;

b/ Cultural products with publication, dissemination or publishing permits of competent sate agencies as prescribed by law;

c/ Cultural products being movable property of individuals or organizations;

d/ Cultural products being luggage carried along by passengers on entry;

e/ Cultural products being gifts or donations with values within the duty-free quota specified by law.

3. When necessary to assess the contents of cultural products mentioned in Clause 2 of this Article, the customs office of the locality in which export procedures are carried out shall consult assessment opinions of agencies in charge of culture, sports and tourism. Assessment records serve as a basis for carrying out import procedures.

Article 12. Cultural products imported by organizations and individuals entitled to diplomatic privileges and immunities

Organizations and individuals entitled to diplomatic privileges and immunities importing cultural products for transfer to Vietnamese organizations or individuals or for circulation or dissemination in Vietnam shall fill in the permit-applying procedures at competent states agencies in charge of culture, sports and tourism under Article 8 of this Decree.

Chapter III

STATE MANAGEMENT RESPONSIBILITIES FOR EXPORT AND IMPORT OF CULTURAL PRODUCTS

Article 13. Tasks and powers of the Ministry of Culture, Sports and Tourism

The Ministry of Culture, Sports and Tourism shall assist the Government in performing the unified state management of export and import of cultural products for non-commercial purposes and has the following tasks and powers:

1. To study, formulate and submit to the Government for promulgation, or to promulgate according to its competence legal documents on the state management of cultural products, or to guide the order and procedures for assessment of imported or exported cultural products and related provisions of this Decree.

2. To examine and grant permits for the export or import of cultural products according to its competence; to organize the assessment or assess by itself cultural products at the request of organizations or individuals.

3. To conduct or assume the prime responsibility and coordinate with related ministries, sectors and localities in, conducting examination and inspection of the settlement of complaints and denunciations; to handle violations in the field of export and import of cultural products according to its competence.

4. To direct, guide and examine the implementation of legal documents on export and import of cultural products.

Article 14. Tasks and powers of the Ministry of Finance

The Ministry of Finance shall direct and guide customs offices in carrying out the procedures for exporting and importing cultural products; examine, inspect and handle violations, and settle complaints and denunciations about activities of exporting and importing cultural products.

Article 15. Tasks and powers of ministries and sectors

Within the ambit of their functions, ministries and sectors shall coordinate with the Ministry of Culture, Sports and Tourism in unifying the state management of export and import of cultural products.

Article 16.  Examination and inspection

1. The Ministry of Culture, Sports and Tourism shall examine and inspect the management and licensing of export and import of cultural products of individuals and organizations exporting and importing cultural products.

2. The Ministry of Finance shall coordinate with the Ministry of Culture, Sports and Tourism in inspecting and examining customs procedures for export and import of cultural products under this Decree and relevant regulations.

3. Ministries and ministerial-level agencies shall coordinate with the Ministry of Culture, Sports and Tourism in examining the export, import and use of cultural products of units under their management.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 17. Effect

1. This Decree takes effect on June 1, 2012.

2. This Decree replaces the Government’s Decree No. 88/2002/ND-CP of November 7, 2002, on management of the export and import of cultural products for non-commercial purposes.

Article 18. Implementation responsibilities

1. The Minister of Culture, Sports and Tourism shall guide and organize the implementation of this Decree.

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

On behalf of the Government
Prime Minister
NGUYEN TAN DUNG