Circular No. 04/2008/TT-BTTTT guiding the implementation of certain contents of Decree No. 105/2007/NĐ-CP dated June 21, 2007 of the Government on printing activities of products that are not publications.

CIRCULAR

Guidelines for Implementing Certain Provisions of Decree No. 105/2007/NĐ-CP dated June 21, 2007 of the Government on Printing Activities of Non-Publishing Products

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Pursuant to Decree No. 105/2007/NĐ-CP dated June 21, 2007 of the Government on Printing Activities of Non-Publishing Products;

Pursuant to Decree No. 187/2007/NĐ-CP dated December 25, 2007 of the Government on the Functions, Tasks, Authorities, and Organizational Structure of the Ministry of Information and Communications;

To ensure uniform implementation throughout the country, the Ministry of Information and Communications hereby provides detailed guidelines for implementing certain provisions of Decree No. 105/2007/NĐ-CP dated June 21, 2007 of the Government (hereinafter referred to as Decree No. 105/2007/NĐ-CP) on printing activities of non-publishing products as follows:

I. GENERAL PROVISIONS

1. On Printing Activities

Organizations and individuals participating in any of the three stages: prepress, printing, post-printing processing, and photocopying must comply with the legal regulations on printing activities.

2. On Printing Golden Paper Offerings

2.1. Golden paper offerings as defined in Decree No. 105/2007/NĐ-CP are printed products that must not contain content violating advertising regulations and other relevant laws.

2.2. The Department of Information and Communications shall be responsible for confirming the registration of types of golden paper offerings that can be printed.

3. On Printing Products Requiring Written Agreements

3.1. Printing establishments must have written agreements from competent state management agencies when engaging in printing the following products: identity cards; passports; educational certificates and diplomas of the national education system, specifically:

a) Printing identity cards requires approval from the competent ministry regarding the type of identity card.

b) Printing passports requires approval from the Ministry of Foreign Affairs or the Ministry of Public Security;

c) Printing certificates requires approval from the Ministry of Education and Training;

d) Printing diplomas of the national education system requires approval from the issuing authority or organization.

3.2. When accepting printing orders, there must be a sample model confirmed by the competent state management agency as stipulated in Point 3.1, Clause 3, Section I of this Circular.

4. On Printing for Export

4.1. Printing establishments engaged in printing for export must ensure:

a) All printed products for export must be exported entirely to foreign countries and may not be sold within Vietnam;

b) The party placing the print order is responsible for the copyright of the printed product.

4.2. Organizations and individuals wishing to sell printed products for export within Vietnam must follow the import procedures prescribed by law.

II. PRINTING EQUIPMENT

1. On Importing Color Photocopiers

1.1. Legal entities fully qualified that need to use color photocopiers for internal work purposes may be considered for permission to import.

1.2. The entity using the color photocopier must establish a management and usage regulation and submit it along with the application for import permit. A model of such regulation is attached to this Circular.

2. On Registering Printing Equipment

2.1. Entities using color photocopiers must register their color photocopiers with the local Department of Information and Communications. A model of the registration form for color photocopiers is attached to this Circular.

2.2. Other printing equipment does not require registration and does not need to be numbered.

III. ISSUANCE AND RENEWAL OF PRINTING LICENSES

1. On Application Documents for Issuance of Printing Licenses

1.1. Application documents for issuance of a printing license by a printing establishment must comply with the general conditions stipulated in Decree No. 105/2007/NĐ-CP.

1.2. The curriculum vitae of the General Director or owner, accompanied by certified copies of degrees and certificates (if any), as specified in Subparagraph b, Clause 2, Article 6 of Decree No. 105/2007/NĐ-CP, means that the General Director or owner of the printing establishment must provide a curriculum vitae, degrees, and certificates obtained through training and development in printing management provided by specialized training institutions, and attach any additional degrees and certificates (if any).

1.3. Regarding the certificate of business registration or decision on establishment of the printing establishment issued by the supervising agency as specified in Subparagraph d, Clause 2, Article 6 of Decree No. 105/2007/NĐ-CP, specifically:

a) For profit-making enterprises and organizations, they must submit a certified copy of the business registration certificate;

b) For non-profit printing establishments (internal-use printing establishments without commercial printing), they must submit a certified copy of the establishment decision issued by the supervising agency.

2. On Renewal of Printing Licenses

2.1. The deadline for renewing licenses for printing newspapers, magazines, and counterfeit prevention labels is six months from the date this Circular takes effect.

a) Central-level printing establishments of organizations and entities currently operating must prepare application documents and submit them to the Publishing Department of the Ministry of Information and Communications to obtain renewed licenses.

b) Local-level printing establishments of organizations and entities currently operating must prepare application documents and submit them to the local Department of Information and Communications to obtain renewed licenses.

2.2. Printing establishments that have been granted or renewed licenses after July 1, 2005, with functions of printing newspapers, magazines, and counterfeit prevention labels do not need to renew their licenses.

2.3. During the period of applying for renewed licenses as guided by this Circular, printing establishments with licenses issued before July 1, 2005, may continue operations.

2.4. Printing establishments of newspapers, magazines, and counterfeit prevention labels that fail to obtain renewed licenses within the time limit set out in this Circular must cease operations.

2.5. Application documents for renewal of licenses must comply with the provisions of Clause 2, Article 6 of Decree No. 105/2007/NĐ-CP.

Upon receipt of complete and valid application documents, the competent state management agency must issue renewed licenses within seven working days. If a license is not issued, a written response explaining the reasons must be provided.

IV. IMPLEMENTATION

1. This Circular takes effect fifteen days after its publication in the Official Gazette.

2. The Publishing Department is responsible for guiding the implementation of this Circular.

3. Any difficulties encountered during implementation should be reported to the Ministry of Information and Communications (Publishing Department - No. 10 Street, Hoan Kiem District, Hanoi) for consideration and resolution./.