Decree 72/2022/ND-CP amending Decree 60/2014/ND-CP, Decree 25/2018/ND-CP printing activities

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 60/2014/ND-CP of June 19, 2014, providing printing activities, and Decree No. 25/2018/ND-CP of February 28, 2018, amending and supplementing a number of articles of Decree No. 60/2014/ND-CP of June 19, 2014, providing printing activities^[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;

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

1. To amend and supplement Point g, Clause 4; Clauses 5, 6 and 7, and add Clause 10 below Clause 9 of, Article 2 as follows:

 a/ To amend and supplement Point g, Clause 4 as follows:

“g/ Samples, forms, papers, books, notebooks, manuals, introductions and advertisements for equipment, production tools, products, goods and services; posters, leaflets and brochures that are not publications as specified in the law on publication.”.

b/ To amend and supplement Clauses 5, 6 and 7 as follows:

“5. Equipment of printing industry means machinery and tools to perform one or more step(s) of pre-press, press, post-press and photocopying (below collectively referred to as printing equipment), including:

a/ Machines for making film recordings, galvanizing and printing molds in printing activities (HS code 84.42);

b/ Printers using one of such technologies as digital, offset, flexo, gravure, letterpress printing, and screen printing machine (silk) (HS code 84.43);

c/ Post-press machines (electrically operated, HS code 84.40 and HS code 84.41): Paper cutters (including die-cutting machines); book-folding machines (folding paper); book-binding machines (wire stitching or thread sewing, back milling, thermal glue); cover machines of all kinds, saddle stitchers, combination lines for finishing printed products; machines for making bags, sacks or envelopes; machines for making cartons, boxes, cases, tubes, drums or containers;

d/ Multi-color copiers and multi-color single-function or multi-color multi-function printers-copiers (HS code 84.43).

6. Printing establishment means an enterprise, a non-business unit, a cooperative, a business household, or a branch of such an establishment that directly performs one or all of the steps of pre-press, press and post-press.

7. Photocopying service establishment means an enterprise, a non-business unit, a cooperative, a business household or a branch of such an establishment that directly provides the photocopying service.”.

c/ To add Clause 10 below Clause 9 as follows:

“10. The age of equipment is the time determined from the year of manufacturing to the year of importation of the machinery and equipment (year-based calculation); in which the year of manufacturing is inscribed on stamps and labels by printing, gluing, attaching, casting, carving or engraving directly on the equipment; the year of importation is the year when goods arrive at a Vietnamese border gate.”.

2. To amend and supplement Point d, Clause 1, and Clause 6, and add Clause 7 below Clause 6 of, Article 9 as follows:

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

“d/ Providing untruthful information, information that distorts history, negates revolutionary achievements, offends the nation, national figures or heroes; displaying Vietnam map but failing to express or incorrectly expressing national sovereignty; slandering or harming the prestige of agencies and organizations or the honor and dignity of individuals.”.

b/ To amend and supplement Clause 6 as follows:

“6. Importing or using printing equipment in contravention of this Decree and other relevant regulations.”.

c/ To add Clause 7 below Clause 6 of Article 9 as follows:

“7. Printing or ordering for printing packages and labels of products that are required to possess certificates of free sale, registration certificates, quality certificates as provided by law without such certificates.”.

3. To amend and supplement Clause 3, and add Clause 11 below Clause 10 of, Article 15 as follows:

a/ To amend and supplement Clause 3 as follows:

“3. To carry out press and post-press of products with quantities not exceeding those stated in contracts.”.

b/ To add Clause 11 below Clause 10 as follows:

“11. Responsibility of the ordering party

To provide sufficient documents relating to the products ordered for printing as specified in this Decree.”.

4. To amend and supplement Article 16 as follows:

“1. Having a pre-press, press and/or post-press contract.

2. Printing establishments may only undertake to carry out pre-press, press and post-press activities when the ordering party provides sufficient documents relating to the ordered products as specified in this Decree.”.

5. To amend and supplement Article 27 as follows:

“Article 27. Import of printing equipment

1. Before importing printing equipment specified in Clause 5, Article 2 of this Decree, importers shall send a written declaration thereof to the Ministry of Information and Communications under Article 28 of this Decree (except for inkjet, single-color or multi-color laser printers with a print speed of 60 sheets/minute (A4 size) or less or printers of A3 or smaller sizes, and dot matrix printers).

2. Criteria for importing printing equipment:

a/ For the printing equipment specified at Point a, Clause 5, Article 2 of this Decree, the age of the equipment may not exceed 10 years;

b/ For the printing equipment specified at Points b and c, Clause 5, Article 2 of this Decree, the age of the equipment may not exceed 20 years;

c/ For the printing equipment specified at Point d, Clause 5, Article 2 of this Decree, the age of the equipment may not exceed 3 years.”.

6. To amend and supplement Article 28 as follows:

“Article 28. Procedures for declaration of import of printing equipment

1. Declaration dossiers shall be sent to the Ministry of Information and Communications via the Vietnam National Single-Window Portal.

2. A dossier of declaration of import of printing equipment must comprise a written declaration of import of printing equipment, made according to a set form, and documents showing technical specifications and pre-press, press and post-press technologies of each type of equipment.

3. Within 3 working days after receiving a complete dossier, the Ministry of Information and Communications shall issue a written confirmation of declaration of import of printing equipment; in case of refusal to issue such a confirmation, it shall reply in writing, clearly stating the reason.”.

7. To amend and supplement Article 29 as follows:

Article 29. Responsibilities of printing equipment importers

1. To import equipment strictly according to contents of the written confirmation of declaration of import of printing equipment.

2. To comply with the provisions on import of printing equipment pf this Decree and take responsibility before law for the import of printing equipment.”.

8. To amend and supplement Article 30 as follows:

“1. Printing equipment may only be used in production and business activities after printing establishments are granted printing licenses or written confirmation of registration of printing activities or photocopying service establishments declare photocopying services.

2. Color copiers and printers with the color photocopying function must be declared before being put to use. A declaration dossier must comprise a declaration of machine use, made according to a set form. Organizations and individuals shall send their declaration dossiers via the online public service system or by post or hand-delivery to provincial-level People’s Committees.

3. Organizations and individuals that use declared color copiers and printers with the color photocopying function shall, upon the liquidation of such machines, send notices of printing activities to state management agencies of the localities in which their declarations have been made.”.

Article 2. To amend and supplement a number of articles of the Government’s Decree No. 25/2018/ND-CP of February 28, 2018, amending and supplementing a number of articles of the Government’s Decree No. 60/2014/ND-CP of June 19, 2014, providing printing activities

1. To amend and supplement Point b, Clause 3; Point b, Clause 4; Point a, Clause 5; Point a, Clause 6; Clause 7; and Clause 8 of Article 1 as follows:

a/ To amend and supplement Point b, Clause 3 as follows:

“b/ To amend and supplement Clause 4 as follows:

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

a/ Reporting subjects and report recipients:

Printing establishments of ministries or central agencies and organizations shall submit their written reports, made according to a set form, to the Ministry of Information and Communications; other printing establishments shall submit their written reports, made according to a set form, to provincial-level People’s Committees; branches of printing establishments shall submit their written reports, made according to a set form, to provincial-level People’s Committees which have issued licenses or confirmation of registration of their printing activities; and photocopying service establishments shall submit their written reports, made according to a set form, to district-level People’s Committees (of urban districts, towns or equivalent administrative units);

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

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

d/ For the subjects specified at Point a of this Clause, the reporting deadline is January 10 of the year following the reporting year; for provincial-level People’s Committees, the reporting deadline 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; and hand-delivered or submitted by post 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 collation, thereby ensuring the accuracy of reported information.

In case an online electronic reporting system is available, reports shall be sent through such system.”.”.

b/ To amend and supplement Point b, Clause 4 as follows:

“b/ To amend and supplement Point dd as follows:

“dd/ Being owned by a Vietnamese organization (a state agency, political organization, socio-political organization, political-social-professional organization or public non-business units or an economic organization owned by a Vietnamese citizen) or a Vietnamese individual, and headed by a Vietnamese citizen lawfully residing in Vietnam and having full civil act capacity.”.”.

c/ To amend and supplement Point a, Clause 5 as follows:

“a/ To amend and supplement Clause 1 as follows:

“1. Before commencing its operation, a printing establishment that carries out pre-press, press and post-press of products specified at Points a and c, Clause 4, Article 2 of this Decree shall send a dossier of application for a printing license to the state management agency in charge of printing activities under the following provisions:

a/ Printing establishments of ministries or central agencies or organizations, and printing establishments of organizations or enterprise owned by the State shall send their dossiers via the online public service system or by post or courier service or hand-deliver them to the Ministry of Information and Communications;

b/ Other printing establishments shall send their dossiers via the online public service system or by post or courier service or hand-deliver them to provincial-level People’s Committees.

c/ For printing establishments specified at Point b, Clause 1 of this Article that are branches that carry out pre-press, press and post-press activities and located in provinces or centrally run cities other than the provinces or cities where the head offices are located, People’s Committees of the localities where such branches are located shall license their printing activities.

d/ Dossiers sent via the online public service system must comply with regulations on performance of administrative procedures on the electronic environment. In case of granting a printing license for the printing establishment’s branch not via the online public service system, within 5 working days after granting the printing license, the licensing agency shall send a copy of the license to the state management agency in the province or centrally run city where its head office is located for coordinated management.”.”.

d/ To amend and supplement Point a, Clause 6 as follows:

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

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

In case a printing establishment changes its name; address of its head office or branch; type of its organization and operation; establishment or dissolution of its branch(es) or its head, it shall send a notice of such change via the online public service system, or by post or courier service, or hand-deliver it to the state management agency in charge of printing activities that has granted its license for addition to the state management database on printing activities. In case the printing establishment making such change applies for re-grant of the printing license, the state management agency in charge of printing activities shall re-grant such license.”.”.

dd/ To amend and supplement Clause 7 as follows:

“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 carry out pre-press, press and post-press of printed products other than those specified at Points a and c, Clause 4, Article 2 of this Decree shall register their operation with the state management agency in charge of printing activities.

2. Before commencing their operation, printing establishments shall submit written declarations for printing registration, made according to a set form, to state management agencies in charge of printing activities as follows:

a/ Printing establishments of ministries or central agencies or organizations and printing establishments of organizations or enterprises owned by the State shall send their dossiers via the online public service system or by post or courier service or hand-deliver them to the Ministry of Information and Communications;

b/ Other printing establishments shall send their dossiers via the online public service system or by post or courier service or hand-deliver them to provincial-level People’s Committees.

c/ For printing establishments specified at Point b, Clause 2 of this Article that are branches carrying out pre-press, press and post-press activities and located in provinces or centrally run cities other than provinces or cities where their head offices are located, People’s Committees of the localities where such branches are located shall grant written confirmation of registration of printing activities to them.

d/ Dossiers sent via the online public service system must comply with regulations on performance of administrative procedures on the electronic environment. In case of granting written confirmation of registration of printing activities to the printing establishment’s branch not via the online public service system, within 5 working days after granting such certificate, the granting agency shall send a copy of the certificate to the state management agency in the province or centrally run city where the printing establishment’s head office is located for coordinated management.”.

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

“4. Within 5 days after making a change in the certified declaration, a printing establishment shall send a declaration of registration for change of information, made according to a set form, to the state management agency in charge of printing activities for re-grant of tits printing registration certificate.

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

e/ To amend and supplement Clause 8 as follows:

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

“5. To archive complete dossiers related to products accepted for pre-press, press and post-press for 24 months from the date of signing printing contracts for printed products specified in Clause 4, Article 2 of this Decree. An archived dossier must comprise:

a/ The original contract on pre-press, press and post-press specified in Clause 1, Article 16 of this Decree;

b/ A finished printed product or a design sample archived in the form of paper document or electronic, photographic or scanned copy. An electronic copy or a photographic or scanned copy is a file stored in a CD disk, CD-ROM disk, USB, hard disk drive or another data storing device.

c/ Documents related to products ordered for printing specified in this Decree.”.”.

2. To amend and supplement Article 2 as follows:

“Article 2. Promulgation of forms

To promulgate together with this Decree application, declaration, license, certificate and report forms for performance of administrative procedures and information and reporting regimes in printing activities.”.

Article 3. To annul the following provisions of the Government’s Decree No. 60/2014/ND-CP of June 19, 2014, providing printing activities, and the Government’s Decree No. 25/2018/ND-CP of February 28, 2018, amending and supplementing a number of articles of the Government’s Decree No. 60/2014/ND-CP of June 19, 2014, providing printing activities

1. To annul Point dd, Clause 4, Article 2; Clause 5, Article 9; Point b, Clause 2, Article 13; Clause 3, Article 14; and Clause 4, Article 15 of the Government’s Decree No. 60/2014/ND-CP of June 19, 2014, providing printing activities.

2. To annul Clauses 9, 12, 15, 16 and 17, Article 1 of the Government’s Decree No. 25/2018/ND-CP of February 28, 2018, amending and supplementing a number of articles of the Government’s Decree No. 60/2014/ND-CP of June 19, 2014, providing printing activities.

Article 4. Implementation provisions

1. This Decree takes effect on January 1, 2023.

2. Transitional provisions

a/ Agencies, organizations and individuals that already submitted complete dossiers of application for performance of administrative procedures in printing activities before the effective date of this Decree, but have not yet received results thereof, shall continue to comply with the Government’s Decree No. 60/2014/ND-CP of June 19, 2014, providing printing activities, and the Government’s Decree No. 25/2018/ND-CP of February 28, 2018, amending and supplementing a number of articles of the Government’s Decree No. 60/2014/ND-CP of June 19, 2014, providing printing activities, for completion of the procedures.

b/ Within 3 months after the effective date of this Decree, printing establishments’ branches shall carry out procedures for grant of printing licenses and written confirmation of registration of printing activities.-

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