Decree No. 105/2007/ND-CP On Printing Activities of Non-Publishing Products

DECREE

Regarding printing activities for non-publishing products

___________________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Considering the proposal of the Minister of Culture and Information.

PART I

GENERAL PROVISIONS

Article 1. Scope of regulation and applicable subjects

1. This Decree stipulates on printing activities (including typesetting, printing, post-printing processing) and photocopying activities for business purposes.

2. This Decree applies to organizations and individuals in Vietnam and foreign organizations and individuals implementing any of the activities specified in Clause 1 of this Article. In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions, such treaty provisions shall apply.

Article 2. Printing facilities and printed products

1. The printing facility as defined in this Decree is an organization or individual carrying out printing activities or photocopying activities as specified in Clause 1 of Article 1 of this Decree.

A typesetting, printing, and photocopying unit within an agency or organization for duplicating internal documents, papers, and materials without a business purpose is not considered a printing facility; however, the head of the agency or organization bears responsibility for all activities of this unit in accordance with the law.

2. Printed products as defined in this Decree are produced using printing equipment on various materials, excluding: publications, money, valuable securities, financial invoices, checks.

Article 3. Policies to encourage and support the development of printing activities

State policies to encourage and support the development of printing activities include:

1. Supporting investment in the application of advanced technology and techniques in the printing sector; supporting investment for printing facilities serving political tasks, national defense, security, and printing facilities located in areas prioritized for state investment.

2. Providing funding for training and improving professional skills both domestically and internationally for the printing technology engineer workforce and management staff of printing facilities.

Article 4. Prohibited acts in printing activities

1. Conducting printing of press products and anti-counterfeiting stamps as specified in point a, Clause 3, Article 5 of this Decree without a Printing Activity Permit.

2. Conducting printing of products without meeting the conditions for receiving printing as specified in Article 9 of this Decree; printing exceeding the quantity of products stated in the printing contract.

3. Illegally printing or photocopying documents listed in the state secrets and work secrets catalogues as prescribed by law.

4. Printing or photocopying products prohibited from circulation under Vietnamese law.

5. Illegally adding, deleting, or modifying printing templates; illegally transferring, modifying, or erasing printing permits.

Chapter II

PRINTING ACTIVITIES

Article 5. Conditions for conducting printing activities

1. Printing activities are production and business activities subject to conditions. Organizations and individuals engaged in printing must have a Business Registration Certificate in accordance with the Law on Enterprises and Government Decree No. 08/2001/NĐ-CP dated February 22, 2001, stipulating conditions for public security and social order for certain business sectors and occupations subject to conditions.

2. After obtaining a Business Registration Certificate as provided for in Clause 1 of this Article, if a printing facility participates in printing ghost money products, it must register the type of ghost money intended to be printed with the Provincial Department of Culture and Information.

3. In addition to the provisions in Clause 1 of this Article, the printing facility must also meet the following conditions:

a) Must have a Printing Activity Permit when participating in printing press products and anti-counterfeiting stamps;

b) Must have a written agreement from the competent state management agency when participating in printing products: identity cards; passports; educational certificates and diplomas of the national education system;

c) The director or owner of the printing facility must be a Vietnamese citizen with a permanent residence registration in Vietnam when the printing facility participates in printing products as specified in points a and b of Clause 3 of this Article.

Article 6. Application documents for a Printing Activity Permit

1. A printing facility participating in printing press products and anti-counterfeiting stamps must submit application documents for a Printing Activity Permit to the competent state management agency as specified in Clause 1 of Article 7 of this Decree.

2. Application documents for a Printing Activity Permit include:

a) An application form for a Printing Activity Permit clearly stating the name and address of the organization or entity applying for the permit; the address of the printing facility; purpose and main products;

b) A curriculum vitae of the director or owner accompanied by certified copies of academic degrees and certificates (if any);

c) Documentation proving the availability of production premises; list of main printing equipment;

d) Certified copy of the Business Registration Certificate or establishment decision of the printing facility issued by the supervising authority;

đ) A commitment to implement conditions regarding security and social order, confirmed by the competent police authority.

Article 7. Authority to issue a Printing Activity Permit

1. The Publishing Administration is responsible before the Minister of Culture and Information for issuing a Printing Activity Permit for printing facilities of central agencies and organizations.

The Provincial Department of Culture and Information is responsible before the People's Committee of the province or centrally-administered city (hereinafter referred to as the Provincial People's Committee) for issuing a Printing Activity Permit for printing facilities of local agencies, organizations, and individuals.

2. Within seven working days from the date of receipt of complete and valid application documents, the competent state management agency for printing activities as specified in Clause 1 of this Article must issue a Printing Activity Permit; in case of refusal to issue the permit, a written statement explaining the reasons must be provided.

Article 8. Supplementing printing functions

A printing facility that already has a Printing Activity Permit for publishing products wishing to supplement other printing functions as specified in point a, Clause 3, Article 5 of this Decree only needs to send a letter requesting to change the Printing Activity Permit, along with the previously issued permit, to the competent state management agency for printing activities that issued the permit.

Within seven working days from the date of receipt of the request letter for changing the Printing Activity Permit from the printing facility, the competent state management agency for printing activities must issue a changed Printing Activity Permit; in case of refusal to issue the changed permit, a written statement explaining the reasons must be provided.

Article 9. Conditions for Accepting Printing

Printing establishments may only accept printing when the party placing the print order meets the following conditions:

1. For press products, there must be a Press Operation Permit issued by the Ministry of Culture and Information (to be presented once with the original and a copy retained at the printing establishment).

2. For counterfeit prevention stamps and other printed products specified in point b, Clause 3, Article 5 of this Decree, there must be a sample confirmed by the competent state management agency.

3. For product labels and packaging, there must be a Business Registration Certificate for the correct product category, and an introduction letter from the production facility named on the label or packaging. The sample to be printed must bear the signature of the head of the production facility and the seal of the facility placing the print order.

Specifically, for pharmaceutical product labels, they must also have a registration number issued by the Ministry of Health (Vietnam Drug Administration) or the Provincial Health Department according to their authority.

4. All printed products must have an economic contract in accordance with the provisions of the law.

Article 10. Outsourcing Printing for Foreign Countries

1. Printing establishments may accept outsourcing printing orders from foreign countries for foreign products including: paper money offerings, press products, savings books, passports, identity cards, diplomas and certificates, counterfeit prevention stamps. They must submit an application for a Permit for Outsourcing Printing for Foreign Countries to the state management agency responsible for printing activities as stipulated in Clause 2 of this Article. The application includes:

a) An application form for a Permit for Outsourcing Printing for Foreign Countries stating the name of the printing establishment; the name and nationality of the foreign organization or individual placing the print order; the name of the product being outsourced; quantity to be printed; and the exit port.

b) Two (2) copies of the product sample.

c) A certified copy of the Printing Operation Permit or Business Registration Certificate.

2. The Publishing Agency is responsible before the Minister of Culture and Information for issuing Permits for Outsourcing Printing for Foreign Countries to printing establishments under central agencies and organizations.

The Department of Culture and Information is responsible before the Chairman of the Provincial People's Committee for issuing Permits for Outsourcing Printing for Foreign Countries to printing establishments under local agencies, organizations, and individuals.

3. Within seven working days from the date of receiving complete and valid applications, the Publishing Agency or the Department of Culture and Information must issue the permit; if the permit is not issued, a written explanation of the reasons must be provided.

Article 11. Importation of Printing Industry Equipment

1. Importation of printing industry equipment does not require a permit, except for color photocopiers. Organizations and entities requiring importation of color photocopiers must submit an application for an Import Permit to the Publishing Agency (Ministry of Culture and Information).

2. The application for an Import Permit for color photocopiers includes:

a) A letter requesting importation specifying the name of the organization or entity, the purpose of use, and the name and model of the machine.

b) A copy of the decision establishing the organization or entity or a document confirming its legal status.

c) A catalog of the machine.

d) Regulations on the management and use of the machine by the organization or entity.

3. Within seven working days from the date of receiving complete and valid applications, the Publishing Agency must issue the permit; if the permit is not issued, a written explanation of the reasons must be provided.

Article 12. Registration of Printing Industry Equipment

1. Organizations and entities using color photocopiers must register with the Department of Culture and Information in their locality.

2. When there is a change in ownership of registered equipment, the receiving organization or entity must re-register with the Department of Culture and Information in their locality.

3. When liquidating registered equipment, the organization or entity must report in writing to the state management agency that registered the equipment.

Article 13. Responsibilities of Printing Establishments in Case of Changes During Printing Activities

1. For printing establishments required to obtain a Printing Operation Permit:

a) When there is a change in the supervising agency, division, merger, change in name, or address, the printing establishment must follow the procedures for changing the Printing Operation Permit as stipulated in Articles 6 and 7 of this Decree.

b) When there is a change in the Director or owner, within seven working days from the date of the change, the printing establishment must submit additional documentation as specified in point b, Clause 2, Article 6 of this Decree to the issuing agency.

2. For printing establishments not required to obtain a Printing Operation Permit, when changes occur during printing activities as specified in Clause 1 of this Article, they shall comply with the provisions of the Enterprise Law.

3. Upon declaring bankruptcy or dissolution, within seven days from the declaration date, the printing establishment must return the Printing Operation Permit to the state management agency that issued it.

Chapter III

STATE MANAGEMENT OF PRINTING ACTIVITIES

Article 14. State Management of Printing Activities

1. The Ministry of Culture and Information is responsible for unified state management of printing activities nationwide.

The Publishing Agency assists the Minister of Culture and Information in implementing state management of printing activities nationwide.

2. The Provincial People's Committees implement state management of printing activities locally.

The Department of Culture and Information assists the Chairman of the Provincial People's Committee in implementing state management of printing activities locally.

Article 15. Contents of State Management of Printing Activities

1. Developing planning and development plans for the printing industry.

2. Drafting regulatory legal documents and policies on printing activities for submission to competent authorities for issuance or issuance within their authority.

3. Issuing and revoking Printing Operation Permits.

4. Training and professional development in printing activities.

5. Managing scientific research and technology application in printing activities.

6. Managing international cooperation in printing activities.

7. Inspecting, supervising, handling complaints and reports, and dealing with violations of laws in printing activities.

8. Implementing commendations and disciplinary actions in printing activities.

Article 16. Reporting System

Printing establishments are responsible for reporting on their activities upon request by authorized state management agencies.

Article 17. Handling of violations

Organizations and individuals participating in printing activities who violate the provisions of this Decree will be subject to suspension of printing of current products, temporary cessation of printing activities, revocation of the Printing Operation Permit, disciplinary action, administrative penalties, or criminal prosecution; if damage is caused, compensation must be made in accordance with the law.

Chapter IV

IMPLEMENTING PROVISIONS

Article 18. Reissuing a Printing Operation Permit

Printing establishments belonging to the category required to apply for a Printing Business Operation Permit as stipulated in point a, Clause 3, Article 5 of this Decree, which have been established and operated before the effective date of this Decree, must go through the procedure to reapply for a Printing Business Operation Permit.

Article 19. Effectiveness

This Decree shall take effect fifteen days after its publication in the Official Gazette.

Article 20. Responsibility for Implementation

1. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities shall be responsible for implementing this Decree.

2. The Minister of Culture and Information shall provide guidance on the implementation of this Decree./.