Circular No. 09/2023/TT-BVHTTDL promulgates the List of goods for export and import under the specialized management of the Ministry of Culture, Sports and Tourism. This document determines the commodity codes according to the List of goods for export and import of Vietnam and stipulates the management of goods in the cultural sector.
적용 범위
Citizens, businesses, customs authorities, and organizations related to the export and import of goods under the specialized management of the Ministry of Culture, Sports and Tourism.
핵심 사항
- When exporting or importing goods listed in Appendix I, II, III, and IV, enterprises must comply with the principle of determining the HS code as stipulated in Article 2 of this Circular.
- Goods listed in the Prohibition on Export (Appendix V) and Prohibition on Import (Appendix VI) shall not be traded in any form.
- The management and control of goods within the scope of specialized cultural management shall be carried out in accordance with the provisions of the law on the management of international trade activities.
- In cases where the HS code for a specific type of goods cannot be determined, an appraisal must be conducted to accurately classify it.
- This Circular replaces Circular No. 24/2018/TT-BVHTTDL and takes effect from October 6, 2023.
🌐 이 문서의 사회적 영향
- To strengthen state management over export and import activities of goods within the scope of specialized cultural management.
- To ensure compliance with the law in international transactions involving cultural products.
- It may create difficulties for businesses that have to comply with stricter management regulations than before.
❓ 자주 묻는 질문
When does this Circular take effect?
Circular No. 09/2023/TT-BVHTTDL takes effect from October 6, 2023.
What should businesses do when exporting or importing goods within the scope of specialized cultural management?
Enterprises must comply with the principle of determining the HS code as stipulated in Article 2 of this Circular and implement the regulations on the management of international trade activities.
Are there any lists prohibiting export and import?
Yes, Appendix V is the List of goods prohibited from export and Appendix VI is the List of goods prohibited from import under the specialized management of the cultural sector.
If the HS code for a specific type of goods cannot be determined, what should be done?
An appraisal must be conducted to accurately classify the HS code of such goods.
Which circular does this replace?
Circular No. 09/2023/TT-BVHTTDL replaces Circular No. 24/2018/TT-BVHTTDL.
전문
CIRCULAR
ISSUING THE LIST OF GOODS FOR EXPORT AND IMPORT UNDER THE SPECIALIZED MANAGEMENT OF THE MINISTRY OF CULTURE, SPORTS AND TOURISM TO DETERMINE THE COMMODITY CODES IN THE LIST OF GOODS FOR EXPORT AND IMPORT OF VIETNAM
Pursuant to the Law on Cultural Heritage dated June 29, 2001 and the Law Amending and Supplementing Certain Provisions of the Law on Cultural Heritage dated June 18, 2009;
Pursuant to the Trade Law dated June 14, 2005;
Pursuant to the Customs Law dated June 23, 2014;
Pursuant to the Law on Foreign Trade Management dated June 12, 2017;
Pursuant to the Cinema Law dated June 15, 2022;
Pursuant to Decree No. 103/2009/NĐ-CP dated November 6, 2009 of the Government promulgating the Regulation on Cultural Activities and Public Cultural Service Business;
Pursuant to Decree No. 113/2013/NĐ-CP dated October 2, 2013 of the Government on Fine Arts Activities;
Pursuant to Decree No. 72/2016/NĐ-CP dated July 1, 2016 of the Government on Photography Activities;
Pursuant to Decree No. 03/2017/NĐ-CP dated January 16, 2017 of the Government on Casino Business;
Pursuant to Decree No. 69/2018/NĐ-CP dated May 15, 2018 of the Government detailing some provisions of the Law on Foreign Trade Management;
Pursuant to Decree No. 144/2020/NĐ-CP dated December 14, 2020 of the Government on Performing Arts Activities;
Pursuant to Decree No. 121/2021/NĐ-CP dated December 27, 2021 of the Government on Foreigner-Focused Electronic Game Business with Prizes;
Pursuant to Decree No. 131/2023/NĐ-CP dated December 31, 2022 of the Government detailing certain provisions of the Cinema Law;
Pursuant to Decree No. 01/2023/NĐ-CP dated January 16, 2023 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Culture, Sports and Tourism;
At the proposal of the Director of the Department of Planning and Finance;
The Minister of Culture, Sports and Tourism issues this Circular on the List of Goods for Export and Import under the Specialized Management of the Ministry of Culture, Sports and Tourism to Determine Commodity Codes in the List of Goods for Export and Import of Vietnam.
Article 1. Issued together with this Circular is the List of Goods for Export and Import under the Specialized Management of the Ministry of Culture, Sports and Tourism to Determine Commodity Codes in the List of Goods for Export and Import of Vietnam (List of Goods for Export and Import).
The List of Goods for Export and Import includes the following Appendices:
1. Appendix I. List of Goods for Export under Permit within the Specialized Management of the Ministry of Culture, Sports and Tourism to Determine Commodity Codes in the List of Goods for Export and Import of Vietnam (HS Code).
2. Appendix II. List of Goods for Import under Permit within the Specialized Management of the Ministry of Culture, Sports and Tourism determined according to the HS Code.
3. Appendix III. List of Goods for Export under Conditions within the Specialized Management of the Ministry of Culture, Sports and Tourism determined according to the HS Code.
4. Appendix IV. List of Goods for Import under Conditions within the Specialized Management of the Ministry of Culture, Sports and Tourism determined according to the HS Code.
5. Appendix V. List of Goods Prohibited from Export within the Specialized Management of the Ministry of Culture, Sports and Tourism determined according to the HS Code.
6. Appendix VI. List of Goods Prohibited from Import within the Specialized Management of the Ministry of Culture, Sports and Tourism determined according to the HS Code.
Article 2. Provisions on the use of the List
1. Principles for applying the List:
a) In cases where only the first four digits of the HS code are listed, all eight-digit HS codes within that four-digit HS group shall be applied.
b) In cases where only the first six digits of the HS code are listed, all eight-digit HS codes within that six-digit HS sub-group shall be applied.
c) In cases where the HS code is detailed to the eight-digit level, only that eight-digit HS code shall be applied.
2. The export, import, prohibition of export, prohibition of import, management principles, management forms, and procedures and formalities for exporting and importing goods determined according to the HS codes specified in Article 1 of this Circular shall be implemented in accordance with the laws governing the management of international trade activities under the specialized cultural sector of the Ministry of Culture, Sports and Tourism as prescribed by the Minister of Culture, Sports and Tourism and other relevant specialized laws. Goods for export and import classified and identified with the same HS codes specified in this Circular but not subject to the provisions of the specialized cultural law shall not fall within the scope of management of the Ministry of Culture, Sports and Tourism.
3. In cases where it cannot be determined which HS code the goods belong to in the List of Export and Import Commodities (or the goods have no HS code), when processing export and import procedures, samples of such goods must be taken for examination by the competent authority to serve the classification of the HS code.
Article 3. Effectiveness and Implementation
1. This Circular takes effect from October 6, 2023.
2. This Circular replaces Circular No. 24/2018/TT-BVHTTDL dated August 23, 2018 issued by the Minister of Culture, Sports and Tourism promulgating the List of Export and Import Commodities under the specialized cultural management of the Ministry of Culture, Sports and Tourism to determine commodity codes according to the List of Export and Import Commodities of Vietnam.
3. The Department of Planning and Finance, Ministry of Culture, Sports and Tourism is the advisory body assisting the Minister of Culture, Sports and Tourism in organizing the implementation and guiding the execution of this Circular. During the implementation process, if there are any issues arising or difficulties encountered, organizations and individuals are requested to report to the Ministry of Culture, Sports and Tourism (Department of Planning and Finance) for consideration and resolution./.
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THE MINISTER
Nguyen Van Hung
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