Circular 03/2015/TT-BTTTT detailing Decree 60/2014/ND-CP prescribing printing activities

CIRCULAR

Detailing and guiding the implementation of a number of articles and clauses of the Government’s Decree No. 60/2014/ND-CP dated June 16, 2014, prescribing printing activities

_____________

Pursuant to the Government’s Decree No. 60/2014/ND-CP dated June 16, 2014, prescribing printing activities;

Pursuant to Government’s Decree No. 132/2013/ND-CP dated October 16, 2013, defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communications;

At the proposal of the Director of the Authority of Publication, Printing and Distribution;

The Minister of Information and Communications hereby promulgates the Circular detailing and guiding the implementation of a number of articles and clauses of the Government’s Decree No. 60/2014/ND-CP dated June 16, 2014, prescribing printing activities.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular details and guides the implementation of a number of articles and clauses of the Government’s Decree No. 60/2014/ND-CP dated June 16, 2014, prescribing printing activities (hereinafter referred to as Decree No. 60/2014/ND-CP).

Article 2. Receipt of dossiers and handling of administrative procedures in printing activities

1. For administrative procedures under the competence of the Ministry of Information and Communications specified in Decree No. 60/2014/ND-CP and this Circular, the Authority of Publication, Printing and Distribution shall receive the dossiers and handle such procedures according to the assigned functions, tasks and powers.

2. For administrative procedures under the competence of the People's Committees of provinces and centrally-run cities (hereinafter referred to as provincial-level People’s Committees) specified in Decree No. 60/2014/ND-CP and this Circular, the provincial-level Departments of Information and Communications shall receive the dossiers and handle such procedures according to the assigned functions, tasks and powers.

Article 3. Responsibility for organizing training in legal and professional knowledge in printing activities

1. The Authority of Publication, Printing and Distribution shall assume the prime responsibility for, and coordinate with relevant agencies and units in, organizing training courses on legal and professional knowledge in printing activities nationwide.

2. Departments of Information and Communications pf provinces and centrally-run cities shall assume the prime responsibility for, and coordinate with relevant agencies and units in, organizing training courses on legal knowledge in printing activities in localities.

Article 4. Periodical reporting regimes on printing activities or photocopying services under Article 8 of Decree No. 60/2014/ND-CP

1. Entities subject to reporting and report-receiving entities:

a) Central establishments conducting pre-press, press or post-press must report in writing (according to the prescribed form) to the Ministry of Information and Communications (via the Authority of Publication, Printing and Distribution);

b) Local establishments conducting pre-press, press or post-press must report in writing (according to the prescribed form) to the provincial-level Departments of Information and Communications;

c) Photocopying service establishments that are enterprises must report in writing (according to the prescribed form) to the Culture - Information Divisions of districts (towns);

Photocopying service establishments that are households must make reports upon request of the competent state management agencies;

d) Provincial-level Departments of Information and Communications shall compile statistics and synthesize the printing and photocopying activities; state management of printing and photocopying activities in localities and report in writing (according to the prescribed form) to the Ministry of Information and Communications (through the Authority of Publishing, Printing and Distribution).

2. Data of the reporting period:

a) For reports for the first 6 months of the year, to-be-reported data shall be calculated from January 1 to June 30 of a reporting year;

b) For annual reports, to-be-reported data shall be calculated from January 1 to December 31 of a reporting year.

3. Deadline for submitting reports:

a) Entities specified at Points a, b and c Clause 1 of this Article (other than photocopying service establishments that are households) shall submit reports for the first 6 months of the year no later than July 10 of the reporting year, and submit annual reports no later than January 10 of the year following the reporting year;

b) Provincial-level Departments of Information and Communications shall submit reports for the first 6 months of the year no later than July 15 of the reporting year, and submit annual reports no later than January 15 of the year following the reporting year.

4. Forms and methods of submitting reports:

a) Reports may be made in paper form, with signatures and seals of the heads of agencies and organizations, or signatures of individuals making reports;

b) Reports may be submitted via postal office, fax, via Internet by using email, or submitted directly;

In case of submitting reports via Internet by using email, such a reports must be word or excel files, accompanied with PDF file scanned from paper reports for comparison to ensure the accuracy of the reporting information.

Article 5. Inter-sectoral organizations for preventing and combating violations in printing activities under Clause 7 Article 5 and Point d Clause 1 Article 7 of Decree No. 60/2014/ND-CP

1. Inter-sectoral organization means an organization that coordinates the activities of relevant agencies to prevent and combat violations of the law in printing activities.

2. Central inter-sectoral organization (hereinafter referred to as inter-sectoral delegation), consisting of representatives of The Ministry of Information and Communications; the Ministry of Public Security; the Ministry of Industry and Trade; the Ministry of Finance; the Ministry of Culture, Sports and Tourism and relevant ministries and sectors, shall be established and have its regulation promulgated by the Minister of Information and Communications. Fundings for operation of the inter-sectoral delegation shall be allocated in the budget of the Ministry of Information and Communications.

The standing body of the central inter-sectoral delegation is the Authority of Publishing, Printing and Distribution (under the Ministry of Information and Communications);

3. Provincial-level People’s Committees shall decide on the establishment, promulgation of regulations, and allocation of fundings for operations of local inter-sectoral organizations (hereinafter referred to as inter-sectoral team).

Chapter II

PRINTING ACTIVITIES

Article 6. Detailed provisions of Point b Clause 1 Article 11 of Decree No. 60/2014/ND-CP on printing equipment required to perform at least one of pre-press, press and post-press operations

A printing establishment performing one or several of pre-press, press and post-press operations must have equipment for each operation:

1. For pre-press operation: A printing establishment must have at least one of the following equipment: Machines for making film recordings, galvanizing and printing molds;

2. For press operation: A printing establishment must have printers;

3. For post-press operation: A printing establishment must have paper cutters and at least one of the following equipment: book-binding machines (wire stitching or thread sewing); cover machines, saddle stitchers, combination lines for finishing printed products, or equipment suitable for the processed product.

Article 7. Order and procedures for revocation of printing licenses under Clause 2 Article 13 of Decree No. 60/2014/ND-CP

1. A printing establishment having it printing license revoked shall be determined by inspection and examination in the field of information and communications.

2. The competent agency or person shall conduct an examination and inspection at the printing establishment and make a record. Within 5 working days from the date of making a record, the person competent to conduct an examination and inspection shall send a report to the agency that has issued the printing license.

3. Within 5 working days, from the date of receiving the written request of the competent agency or person specified in Clause 1 of this Article, the Authority of Publication, Printing and Distribution or the provincial-level Department of Information and Communications shall send a written request to the printing establishment to remedy the cause leading to the revocation of the printing license within 30 days.

After a period of 30 days, if the printing establishment fails to remedy the cause leading to the revocation of the printing license, the Director of the Authority of Publication, Printing and Distribution or the Director of the provincial-level Department of Information and Communications shall issue a decision on revocation of the printing license, and request the printing establishment to hand over its issued license.

4. Procedures for revocation of printing licenses for the cases specified at Points b, c and d Clause 2 Article 13 of Decree No. 60/2014/ND-CP.

The Director of the Authority of Publication, Printing and Distribution or the Director of the provincial-level Department of Information and Communications shall issue a decision on revocation of the printing license, and request the printing establishment to hand over its issued license in the following cases:

a) The printing establishment fails to have sufficient equipment and fails to send copies of equipment purchase or hire-purchase receipts as prescribed at Point c Clause 2 Article 12 of Decree No. 60/2014/ND-CP after 6 months from the date of obtaining the printing license;

b) The printing establishment fails to operate after 12 months from the date of obtaining a printing license;

c) The printing establishment terminates its operations, or is divided, merged, dissolved or goes bankrupt.

Article 8. Archiving and managing dossiers related to products already accepted for pre-press, press and post-press under Clause 5 Article 15 of Decree No. 60/2014/ND-CP

The head of the printing establishment must organize to archive and manage dossiers for acceptance of pre-press, press and post-press within 24 months, from the date of signing the printing contract. Such a dossier must comprise:

1. A copy of the license for contractual printing for foreign party issued by the Authority of Publication, Printing and Distribution or the provincial-level Department of Information and Communications, for printed products ordered by foreign party.

2. An original of a pre-press, press or post-press contract, or a printing order as prescribed in Clause 1 Article 16 of Decree No. 60/2014/ND-CP.

3. The manuscripts (specimens) of ordered products bearing a stamp or signature of the ordering party, that are archived in one of the following forms: Manuscript on regular paper; manuscript printed on tracing paper; manuscript printed on film; electronic manuscript being a file contained on a CD, CD-ROM, USB, hard drive or other data storage devices.

4. Documents related to ordered products as prescribed in Articles 17, 18, 19, 20, 21 and 22 of Decree No. 60/2014/ND-CP.

5. The notebook for recording and managing publications received for pre-press, press or post-press operations with full information recorded.

Article 9. Detailed provisions on types of printing equipment subject to import permits under Clause 1 Article 27 of Decree No. 60/2014/ND-CP

1. Machines for making film recordings, galvanizing and printing molds that are specialized machines used for the pre-press operation (before printing) in printing activities.

2. Printers using digital technology with a print speed of over 50 sheets/minute (A4 size) or printers of larger than A3 sizes.

3. Printers using technology of offset, flexo, gravure, letterpress printing, and screen-printing machine (silk).

4. Paper cutters; 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 (for 2 or more operations).

5. Color copiers and printers with the color photocopying function.

Article 10. Use, registration and transfer of color copiers and printers with the color photocopying function under Clauses 2, 3 and 4 Article 30 of Decree No. 60/2014/ND-CP

1. The use, registration and transfer of color copiers and printers with the color photocopying function under Point b Clause 1 Article 30 of Decree No. 60/2014/ND-CP as follows:

a) Printers with the color photocopying with a print speed of over 50 sheets/minute may only be used for production in printing establishment fully meeting the conditions on printing activities;

b) Printers with the color photocopying with a print speed of 50 sheets/minute or less may only be used for production in printing establishment fully meeting the conditions on printing activities, and shall be used as color copiers specified at Point a Clause 2 Article 30 of Decree No. 60/2014/ND-CP.

2. Registration for use

Before using color copiers and printers with the color photocopying function, printing establishments must register such copiers and printers with the provincial-level Department of Information and Communications in the locality. A dossier must comprise:

a) A written request for use of the copier or printer, made according to the prescribed form;

b) Copies with originals for comparison, or certified copies (if the dossier is sent by post or courier), of import permit granted by the Authority of Publication, Printing and Distribution; papers proving legal status of the agency or organization registering the use of the copier or printer; the copier or printer purchase contract and invoice, or rental documents;

c) A written request for transfer (for copiers and printers already registered for use), certified by the Department of Information and Communications of the province where such copier or printer is registered.

3. Transfer

An agency or organization using a color copier or printer with the color photocopying function shall send a dossier to the provincial-level Department of Information and Communications where such copier or printer is registered for transferring it. A dossier must comprise:

a) 2 copies of written requests for transfer, made according to a set form;

b) Copies with originals for comparison, or certified copies (if the dossier is sent by post or courier), of documents proving the legal status of the transferee;

c) An original of the copier or printer registration certification;

d) Within 5 working days from the date of receiving the written request for transfer, the provincial-level Department of Information and Communications shall certify on the written request for transfer; of which, one shall be sent to the agency or organization requesting the transfer, one shall be kept in the dossier, and update changes to the copier or printer registration in the management data. In case of refusal to certify, a written response stating the reason is required.

4. Liquidation

Upon liquidating a color copier or printer with the color photocopying function, the agency or organization using such copier or printer shall notify in writing to the provincial-level Department of Information and Communications where such copier or printer is registered, and return the copier or printer registration certification.

Chapter III

IMPLEMENTATION PROVISIONS

Article 11. Form promulgation

To promulgate together with this Circular an Appendix consisting of 24 forms and templates used in printing activities.

Article 12. Effect

1. This Circular takes effect on May 1, 2015.

2. The following legal documents cease to be effective from the effective date of this Circular:

a) Circular No. 04/2008/TT-BTTTT dated July 9, 2008, of the Minister of Information and Communications, guiding the implementation of a number of contents of the Government's Decree No. 105/2007/ND-CP of June 21, 2007, on activities of printing non-publication products;

b) Circular No. 22/2010/TT-BTTTT dated October 6, 2010, of the Minister of Information and Communications, providing Regulation on the printing activities and organization; amending and supplementing a number of provisions of Circular No. 04/2008/TT-BTTTT dated July 9, 2008, and Circular No. 02/2010/TT-BTTTT dated January 1, 2010, of the Minister of Information and Communications.

3. Any problems arising in the course of implementation should be reported in writing to the Ministry of Industry and Trade for review and settlement./.

* All Appendices are not translated herein.