Circular No. 07/2012/TT-BVHTTDL guiding the Government's Decree No. 32/2012/NĐ-CP dated April 12, 2012 on the management of export and import of cultural products not for business purposes

CIRCULAR

Guidelines for Decree No. 32/2012/NĐ-CP dated April 12, 2012 of the Government on the management of export and import of cultural products Regarding the management of export and import of cultural products not for business purposes not for business purposes

Pursuant to Decree No. 7841/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Culture, Sports and Tourism;

Pursuant to the Government Decree No. 32/2012/NĐ-CP dated April 12, 2012 on management of export and import of non-commercial cultural goods;

At the proposal of the Director of the Office;

Article 1. Amending and supplementing some articles of Circular No. 21/2023/TT-BTTTT dated December 31, 2023 of the Ministry of Information and Communications on functions and technical features of the Administrative Procedure Handling Information System at the ministerial and provincial levels (hereinafter referred to as Circular No. 21/2023/TT-BTTTT) as follows: The Ministry of Culture, Sports and Tourism issues this Circular guiding Decree No. 32/2012/NĐ-CP dated April 12, 2012 of the Government on the management of export and import of cultural products not for business purposes. 

Section 1

GENERAL PROVISIONS

Activities of exporting and importing cultural products not for business purposes include: activities of exporting and importing cultural products; temporary export-reimport and temporary import-reexport of cultural products.

Section 2

EXPORT AND IMPORT OF CULTURAL PRODUCTS

Article 2. Exported Cultural Products

Exported cultural products that do not require permission from cultural, sports, and tourism authorities as stipulated in Clause 1, Article 7 of Decree No. 32/2012/NĐ-CP include the following types:

1. Various types of audio tapes, audio discs, video tapes, video discs, magnetic tapes, floppy discs, hard discs, optical discs containing recorded content, other audiovisual technological products containing information in the form of text, sound, and images that have been legally issued and circulated in Vietnam.

2. Photographs, audio and video tapes containing personal and family life content.

3. Paintings, statues, works of fine art that do not violate the provisions of Article 6 of Decree No. 32/2012/NĐ-CP, which are lawful assets of individuals and organizations and are not antiques, relics, or national treasures.

Article 3. Procedures for Appraisal of Exported Cultural Products

1. Individuals and organizations with cultural products subject to appraisal before export according to Clause 2, Article 7 of Decree No. 32/2012/NĐ-CP shall submit directly one set of application files for appraisal at the competent state administrative body for culture, sports, and tourism as prescribed in Article 4 of this Circular. The application file for appraisal includes:

a) An application form for cultural product appraisal (model BM.GĐ attached to this Circular);

b) The cultural product to be appraised;

d) Relevant documents proving the lawful origin and provenance of antiques and relics.

Cultural, sports and tourism authorities shall be responsible for appraising exported cultural goods according to the provisions of Article 7 of Decree No. 32/2012/NĐ-CP which are specified as follows:

1. The Department of Import and Export of Cultural Products under the Office of the Ministry of Culture, Sports and Tourism shall handle the appraisal procedures for cultural products for individuals and organizations at the central level.

2. The Department of Culture, Sports and Tourism or the cultural, sports, and tourism body authorized by the Department of Culture, Sports and Tourism shall handle the appraisal procedures for cultural products for individuals and organizations at the local level.

Article 5. Imported cultural goods

Motion pictures and television programs as specified in Point b, Clause 1, Article 8 of Decree No. 32/2012/NĐ-CP include the following types: films for screening, broadcasting, sample presentation, review by the Review Board, distribution, and release in accordance with the law on nationwide cinema networks or television systems, or across two or more regions.

The documents specified in Point b Clause 2 Article 9 Decree No. 32/2012/ND-CP shall be applied as follows:

1. Individuals and organizations importing films for public distribution under the provisions of the law must provide a certificate of copyright ownership; a contract; a summary translation of the film's content.

2. Individuals and organizations importing antiques and artifacts must provide a certificate or a commitment to lawful ownership of the antiques and artifacts.

3. Individuals and organizations providing service for receiving and transporting imported cultural products for customers must provide a power of attorney.

Article 7. Cultural Products of Individuals and Organizations Enjoying Diplomatic Privileges and Immunities

Individuals and organizations of Vietnam receiving imported cultural products from individuals and organizations enjoying diplomatic privileges and immunities as stipulated in Article 12 of Decree No. 32/2012/ND-CP shall directly handle the procedures to apply for a cultural product import permit at the competent cultural, sports, and tourism authority according to the provisions of Article 8 of this Circular.

The cultural, sports, and tourism authority competent to issue permits for importing cultural products as stipulated in Article 8 of Decree No. 32/2012/ND-CP is specifically defined as follows:

1. The Department of Export and Import of Cultural Products under the Office of the Ministry of Culture, Sports and Tourism shall handle cases within the scope of the Ministry of Culture, Sports and Tourism’s permit issuance authority.

2. The Department of Culture, Sports and Tourism or the cultural, sports, and tourism authority authorized by the Department of Culture, Sports and Tourism shall handle cases within the scope of the Department of Culture, Sports and Tourism’s permit issuance authority.

Cultural Product Import Permit (BM.GP); Inspection and Sealing Record of Exported Cultural Products (BM.BBGĐ); Application for Cultural Product Import Permit (BM.NK); Application for Inspection of Exported Cultural Products (BM.GĐ); Sealing of Cultural Products (BM.NP) issued by the Ministry of Culture, Sports and Tourism and the Departments of Culture, Sports and Tourism.

Section 3

IMPLEMENTING PROVISIONS

Article 10. Effective Date

This Circular takes effect from September 1, 2012.

Article 11. Responsibility for Implementation

The Director of the Office, the Inspector General of the Ministry of Culture, Sports and Tourism, the Directors of the Departments of Culture, Sports and Tourism of provinces and centrally-administered cities, and relevant individuals and organizations are responsible for implementing this Circular./.