THE MINISTRY OF CULTURE, SPORTS AND TOURISM | | THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness |
No. 09/2023/TT-BVHTTDL | | Hanoi, August 9, 2023 |
CIRCULAR
Promulgating the List of exported and imported goods subject to the specialized culture management by the Ministry of Culture, Sports and Tourism with commodity codes identified according to Vietnam’s List of exported and imported goods
Pursuant to the June 29, 2001 Law on Cultural Heritages and the June 18, 2009 Law Amending and Supplementing a Number of Articles of the Law on Cultural Heritages;
Pursuant to the June 14, 2005 Commercial Law;
Pursuant to the June 23, 2014 Law on Customs;
Pursuant to the June 12, 2017 Law on Foreign Trade Management;
Pursuant to the June 15, 2022 Law on Cinematography;
Pursuant to the Government’s Decree No. 103/2009/ND-CP of November 6, 2009, promulgating the Regulation on cultural activities and commercial provision of public cultural services;
Pursuant to the Government’s Decree No. 113/2013/ND-CP of October 2, 2013, on fine-art activities;
Pursuant to the Government’s Decree No. 72/2016/ND-CP of July 1, 2016, on photographic activities;
Pursuant to the Government’s Decree No. 03/2017/ND-CP of January 16, 2017, on casino business;
Pursuant to the Government’s Decree No. 69/2018/ND-CP of May 15, 2018, detailing a number of articles of the Law on Foreign Trade Management;
Pursuant to the Government’s Decree No. 144/2020/ND-CP of December 14, 2020, on performing art activities;
Pursuant to the Government’s Decree No. 121/2021/ND-CP of December 27, 2021, providing for the business of prize-winning video games for foreigners;
Pursuant to the Government’s Decree No. 131/2022/ND-CP of December 31, 2022, detailing a number of articles of the Law on Cinematography;
Pursuant to the Government’s Decree No. 01/2023/ND-CP of January 16, 2023, defining the functions, tasks, powers and organizational structure of the Ministry of Culture, Sports and Tourism;
At the proposal of the Director of the Planning and Finance Department;
The Minister of Culture, Sports and Tourism promulgates the Circular promulgating the List of exported and imported goods subject to the specialized culture management by the Ministry of Culture, Sports and Tourism with commodity codes identified according to Vietnam’s List of exported and imported goods.
Article 1. To promulgate together with this Circular the List of exported and imported goods subject to the specialized culture management by the Ministry of Culture, Sports and Tourism with commodity codes identified according to Vietnam’s List of exported and imported goods (below referred to as the List of imported and exported goods)
The List of exported and imported goods consists of the following appendices:
1. Appendix I. List of goods exported under permits which are subject to the specialized culture management by the Ministry of Culture, Sports and Tourism with commodity codes identified according to Vietnam’s List of exported and imported goods (HS codes).
2. Appendix II. List of goods imported under permits which are subject to the specialized culture management by the Ministry of Culture, Sports and Tourism with commodity codes identified according to HS codes.
3. Appendix III. List of goods subject to conditional export and the specialized culture management by the Ministry of Culture, Sports and Tourism with commodity codes identified according to HS codes.
4. Appendix IV. List of goods subject to conditional import and the specialized culture management by the Ministry of Culture, Sports and Tourism with commodity codes identified according to HS codes.
5. Appendix V. List of goods banned from export which are subject to the specialized culture management by the Ministry of Culture, Sports and Tourism with commodity codes identified according to HS codes.
6. Appendix VI. List of goods banned from import which are subject to the specialized culture management by the Ministry of Culture, Sports and Tourism with commodity codes identified according to HS codes.
Article 2. Use of the Lists
1. Principles of application of the Lists:
a/ In case only 4-digit HS codes are listed, all 8-digit HS codes belonging to these 4-digit HS codes shall apply.
b/ In case only 6-digit HS codes are listed, all 8-digit HS codes belonging to these 6-digit HS codes shall apply.
c/ In case 8-digit HS codes are listed in detail, only such 8-digit HS codes shall apply.
2. The export, import, export ban, import ban, principles and forms of management, and order and procedures for export and import of goods identified according to the HS codes specified in Article 1 of this Circular must comply with the Minister of Culture, Sports and Tourism’s regulations on management of international purchase and sale of goods subject to the specialized culture management by the Ministry of Culture, Sports and Tourism and relevant specialized laws.
Exported and imported goods which are classified and identified as bearing the same HS codes specified in this Circular but having no contents specified in specialized laws on culture shall not be subject to the management by the Ministry of Culture, Sports and Tourism.
3. In case it is not yet possible to identify the HS code for a goods item in the List of exported and imported goods (or such goods item has no HS code), upon performance of export and import procedures, it is required to take samples of such goods item for assessment by a competent agency to serve the classification of HS codes.
Article 3. Effect and organization of implementation
1. This Circular takes effect on October 6, 2023.
2. This Circular replaces the Minister of Culture, Sports and Tourism’s Circular No. 24/2018/TT-BVHTTDL of August 23, 2018, promulgating the List of exported and imported goods subject to the specialized culture management by the Ministry of Culture, Sports and Tourism with commodity codes identified according to Vietnam’s List of exported and imported goods.
3. The Planning and Finance Department of the Ministry of Culture, Sports and Tourism shall act as the advisory body to assist the Minister of Culture, Sports and Tourism in organizing and guiding the implementation of this Circular. Any problems arising in the course of implementation of this Circular should be reported to the Ministry of Culture, Sports and Tourism (the Planning and Finance Department) for consideration and settlement.-
Minister of Culture, Sports and Tourism
NGUYEN VAN HUNG
* The appendices to this Circular are not translated.