Decree 31/2025/ND-CP amend Decree 32/2012/ND-CP on management of the export and import of cultural products for non-commercial purposes

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 32/2012/ND-CP dated April 12, 2012, on management of the export and import of cultural products for non-commercial purposes

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Culture Heritages dated June 29, 2001, and the Law on Amending and Supplementing the Law on Culture Heritages dated June 18, 2009;

Pursuant to the Customs Law dated June 23, 2014;

Pursuant to the Law on Cinematography dated June 15, 2022;

At the proposal of the Minister of Culture, Sports and Tourism;

The Government hereby promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 32/2012/ND-CP dated April 12, 2012, on management of the export and import of cultural products for non-commercial purposes.

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 32/2012/ND-CP dated April 12, 2012, on management of the export and import of cultural products for non-commercial purposes

1. To amend and supplement Article 1 as follows:

“Article 1. Scope of regulation

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

2. Procedures for temporary export, re-import, and re-export of cultural products for non-commercial purposes shall comply with the law on commercial management.”;

2. To amend and supplement Article 3 as follows:

“Article 3. Definition

In this Decree, the terms below are construed as follows:

1. Export of cultural products for non-commercial purposes mean bringing cultural products out of the territory of Vietnam or into a special area located in the territory of Vietnam that is considered a separate customs area as prescribed by law for personal use, presentation, donation, inheritance, display, participation in exhibitions or contests, cooperation, exchange, workshops, festivals, use as aid, dissemination, in service of professional work, research or for other not-for-profit purposes.

2. Import of cultural products for non-commercial purposes mean bringing cultural products into the territory of Vietnam from foreign countries or from a special area located in the territory of Vietnam that is considered a separate customs area as prescribed by law for personal use, presentation, donation, inheritance, display, participation in exhibitions or contests, cooperation, exchange, workshops, festivals, use as aid, dissemination, in service of professional work, research or for other not-for-profit purposes.

3. Cultural products include:

a) Audio or video records of performing arts;

b) Audio and video recordings of film production in Vietnam by foreign organizations and individuals;

c) Fine art works, applied fine art works, photographic works;

d) Relics, antiques.”;

3. To amend and supplement Clause 2 Article 4 as follows:

“2. Individuals and organizations exporting or importing cultural products that are relics and antiques shall comply with this Decree, and the cultural heritage law.”;

4. To amend and supplement Clause 2 Article 6 as follows:

“2. When necessary to serve the professional work or research, the Prime Minister shall decide on permitting ministries or sectors at the central level to import cultural products mentioned in Clause 1 of this Article. Heads of importing agencies shall manage and use these cultural products in strict compliance with law.”;

5. To amend and supplement Article 7 as follows:

“Article 7. Export of cultural products for non-commercial purposes

1. Individuals and organizations exporting cultural products which are lawfully produced, publicized, disseminated and circulated in the Vietnamese territory shall only complete customs procedures under the customs law, unless otherwise provided by law. Based on the law on applying risk management in customs operation, customs offices where the export procedures are carried out shall request the competent state agencies specified in Clause 3 of this Article to conduct specialized inspection of cultural products.

2. Records for specialized inspection and seal of exported cultural products, which are made according to the forms provided in Appendix II to this Decree, shall serve as a basis for customs offices to settling the procedures for export of cultural products.

3. Agencies competent to receive the notice of cultural product import for non-commercial purposes under Article 8 of this Decree shall have the competence to conduct specialized inspection and seal exported cultural products under their competence at the requests of customs offices, individuals or organizations.

4. Cultural products that are relics and antiques must undergo specialized inspection by specialized cultural agencies under People's Committees of provinces and centrally-run cities (hereinafter referred to as provincial-level People’s Committees) before export.

5. Individuals and organizations having cultural products requested for specialized inspection before export shall directly submit one set of application dossiers for specialized inspection at the headquarters of competent agencies mentioned in Clause 3 of this Article. Such application dossier for specialized inspection of cultural products must comprise:

a) An application for specialized inspection of cultural products, made according to Appendix I to this Decree;

b) Cultural products requested for specialized inspection;

c) A copy of the decision permitting the export of relics and antiques, issued by the Minister of Culture, Sports and Tourism;

d) Copies enclosed with the originals for comparison, or certified copies of relevant documents proving the lawful origin of relics and antiques.

6. The duration for specialized inspection of cultural products must not exceed 12 days, from the receipt of complete dossiers as prescribed in Clause 5 of this Article.

If the dossier fails to meet requirements specified in Clause 5 of this Article, within 2 working days from the receipt of the dossier, the state agency competent to conduct specialized inspection of cultural products shall request the individual or organization to complete its/his/her dossier.

An individual or organization shall receive the record for specialized inspection and seal of cultural products accompanied with of cultural products that have already been undergone specialized inspection and sealed at the specialized inspection agency’s headquarter.”;

6. To amend and supplement Article 8 as follows:

“Article 8. Competence to receive notices of import of cultural products for non-commercial purposes

1. The Ministry of Culture, Sports and Tourism shall receive notices of import of cultural products for non-commercial purposes from individuals and organizations in case cultural products are used for exchange, cooperation or assistance; participation in national or regional exhibitions, contests or festivals.

2. Specialized cultural agencies under provincial-level People’s Committees shall receive notices of import of cultural products from individuals and organizations in the following cases:

a) Cultural products used for works of individuals or organizations for purposes other than those specified in Clause 1 of this Article;

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 localities.”;

7. To amend and supplement Article 9 as follows:

“Article 9. Procedures for notifying import of cultural products for non-commercial purposes

1. An individual or organization having cultural products imported under Article 8 of this Decree shall submit one set of dossiers of notice of import of cultural products for non-commercial purposes directly, via postal office, electronic environment or via the National Single Window Portal to the competent state agency.

2. A dossier of notice of import of cultural products must comprise:

a) Notice of import of cultural products, made according to Appendix III to this Decree;

b) 01 photo of the front and center of the cultural product; for sculptures, add 01 photo of each side: left, right and back of the work, with captions, minimum photo size 13x18 cm, printed on paper or recorded on a mobile storage device (for direct submission or submission by post) or digital format photo (for submission via electronic environment, submission via the National Single Window Portal). Notarized translation of detailed content for audio and video recordings using foreign languages;

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

3. The competent agency specified in Article 8 of this Decree, upon receipt of the notice, shall inspect the cultural product contents under Clause 1 Article 6 of this Decree, and immediately issue a cultural product import notice receipt for the applicant according to Appendix IV to this Decree.

4. In case of detecting cultural products prohibited from export or import under Clause 1 Article 6 of this Decree, within 2 working days from the receipt of the dossier as prescribed, the competent state agency specified in Article 8 of this Decree shall send a notice of suspension from importing cultural products, which is made according to Appendix V to this Decree, to the custom office, individual or organization.”;

8. To amend and supplement Article 10 as follows:

“Article 10. Procedures for licensing import of relics and antiques for non-commercial purposes

1. The Ministry of Culture, Sports and Tourism shall license the import of relics and antiques for exhibition and display in museums.

2. Specialized cultural agencies under provincial-level People’s Committees shall license the import of relics and antiques by individuals and organizations in localities, other than those specified in Clause 1 of this Article.

3. Individuals and organizations having relics and antiques imported shall submit one set of application dossiers for an import license directly, via post office, electronic environment or via the National Single Window Portal to the competent agencies specified in Clauses 1 and 2 of this Article.

4. Such application dossier must comprise:

a) An application for import license of relics and antiques, made according to Appendix VI to this Decree;

b) 01 color photo of the relics or antiques, with captions, minimum photo size 13x18 cm, printed on paper or recorded on a mobile storage device (for direct submission or submission by post) or digital format photo (for submission via electronic environment, submission via the National Single Window Portal);

c) Certified copy (for submission via electronic environment, submission by post, or submission via the National Single Window Portal) or copy with original for comparison (for direct submission) of the export certificate for the relics or antiques from abroad or document permitting the transfer of relics or antiques beyond foreign borders;

d) Certified copy (for submission via electronic environment, submission by post, or submission via the National Single Window Portal) or copy with original for comparison (for direct submission) of the authorization document for carrying out procedures for importing relics or antiques; sales contract or minutes of handover of purchased and sold products or commitment of legal ownership of relics or antiques;

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

5. Licensing agencies specified in Clauses 1 and 2 of this Article shall check the dossiers, return the receipt and schedule to issue the license when receiving such dossiers. If the application dossiers for import license of relics and antiques fail to meet requirements specified in Clause 4 of this Article, within 2 working days from the receipt of the dossiers, the licensing agencies shall request the individuals or organizations to complete the dossiers.

6. Within 2 working days from the receipt of the prescribed dossiers, the licensing agencies specified in Clauses 1 and 2 of this Article shall issue a license; in case of refusal to issue a license, a written response clearly specifying the reason is required. In case where it is necessary to consult relevant ministries, sectors or agencies, the time limit specified in this Clause may be extended but must not exceed 10 days.

7. The licensing agencies specified in Clauses 1 and 2 of this Article shall return licenses for organizations and individuals directly, via postal office, electronic environment or via the National Single Window Portal.

8. Import licenses for relics or antiques shall be made according to the form provided in Appendix VII to this Decree, and shall be valid for 60 days, from the date of issuance.”;

9. To amend and supplement a number of provisions of Article 11 as follows:

a) To amend and supplement Clause 1 as follows:

“1. The receipt of cultural product import notice without a notice of suspension from import of cultural products issued by a competent state agency or an import license of relics or antiques shall serve as a basis for the customs office to carry out procedures for import of cultural products.”;

b) To amend and supplement the first paragraph of Clause 2 as follows:

“2. Customs offices shall carry out import procedures for cultural products in the following cases without requiring an import license for relics or antiques or a notice of cultural product import.”;

c) To amend and supplement Clause 3 as follows:

“3. Based on the law on applying risk management in customs operation, customs offices where the import procedures are carried out shall request the state agencies competent to conduct specialized inspection of cultural products specified in Clause 3 of this Article to conduct specialized inspection of imported cultural products mentioned in Clause 2 of this Decree. Records for specialized inspection and seal of exported cultural products shall serve as a basis for customs offices to settling the import procedures. The duration for specialized inspection of imported cultural products must not exceed 12 days, from the date of receiving dossiers provided by customs offices.”;

10. To amend and supplement Article 12 as follows:

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

Vietnamese organizations and individuals receiving imported cultural products of organizations and individuals entitled to diplomatic privileges and immunities for circulation or dissemination in Vietnam shall carry out procedures for notifying the import of cultural products at competent states agencies specified Article 8 of this Decree.”.

Article 2. To promulgate together with this Decree the following Appendices

1. Appendix I: Application for specialized inspection of cultural products exported for non-commercial purposes.

2. Appendix II: Form No. 01: Record for specialized inspection and seal of exported cultural products exported for non-commercial purposes; Form No. 02: Sample seal for cultural products exported for non-commercial purposes.

3. Appendix III: Notice of cultural product import for non-commercial purposes (excluding relics and antiques).

4. Appendix IV: Receipt of cultural product import notice for non-commercial purposes (excluding relics and antiques).

5. Appendix V: Notice of suspension from cultural product import for non-commercial purposes (excluding relics and antiques).

6. Appendix VI: Application for licensing import of relics and antiques for non-commercial purposes.

7. Appendix VII: License for import of relics and antiques for non-commercial purposes.

Article 3. Implementation responsibility

1. The Ministry of Culture, Sports and Tourism shall assume the prime responsibility for, and coordinate with related ministries and sectors in, guiding the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of People’s Committees of provinces and centrally run cities shall implement this Decree.

Article 4. Effect

1. This Decree takes effect from April 12, 2025.

2. Organizations and individuals already submitted application dossiers for import licenses for cultural products (excluding relics and antiques) under Decree No. 32/2012/ND-CP, but not yet obtaining an import license at the effective date of this Decree, are allowed to import cultural products, unless the competent state agencies issue a notice of suspension from importing cultural products in accordance with this Decree.

* All Appendices are not translated herein.