Decree No. 110/2010/ND-CP amends and supplements certain articles of Decree No. 111/2005/ND-CP dated August 26, 2005, of the Government detailing and guiding the implementation of some provisions of the Law on Publishing which has been amended and supplemented by Decree No. 11/2009/ND-CP dated February 10, 2009, of the Government.

DECREE

Amending and supplementing some articles of Decree No. 111/2005/NĐ-CP dated August 26, 2005 of the Government detailing and guiding the implementation of certain provisions of the Law on Publishing

which has been amended and supplemented by Decree No. 11/2009/NĐ-CP dated February 10, 2009 of the Government

has been amended and supplemented by Decree No. 11/2009/NĐ-CP

dated February 10, 2009 of the Government

_____________________

THE GOVERNMENT

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

Pursuant to the Law on Publishing dated December 3, 2004; the Law amending and supplementing some articles of the Law on Publishing dated June 3, 2008;

Considering the proposal of the Minister of Information and Communications,

DECREE:

Article 1. Amending and supplementing Article 18c and Article 18d of Decree No. 111/2005/NĐ-CP dated August 26, 2005 of the Government which has been amended and supplemented by Clause 5 and Clause 6 of Article 2 of Decree No. 11/2009/NĐ-CP dated February 10, 2009 of the Government regarding conditions and application forms for obtaining a license for operating import of publications

1. Article 18c shall be amended and supplemented as follows:

"Article 18c. Conditions for issuing a license for operating import of publications

1. The conditions for obtaining a license for operating import of publications as stipulated in Clause 2, Article 38 of the Law on Publishing include:

a) Having a business registration certificate or investment certificate in accordance with the laws on enterprises and investment;

b) The head of the business must have permanent residence in Vietnam; hold a bachelor's degree in publishing distribution; if holding a bachelor's degree in other fields, they must have a vocational training certificate in publishing distribution issued by a competent authority in Vietnam;

c) In the case of importing books, in addition to the conditions specified in points a and b of this clause, there must be at least five (5) staff members reviewing book contents. Staff members reviewing book contents must have at least five (5) years of work experience in the field of publishing, possess specialized knowledge and have a bachelor's degree or higher in a relevant foreign language suitable for the majority of imported books."

2. Article 18d shall be amended and supplemented as follows:

"Article 18d. Application forms, procedures, and methods for requesting a license for operating import of publications

1. The application form for obtaining a license as stipulated in Clause 3, Article 38 of the Law on Publishing shall be prepared in one (1) set and submitted through postal services, express delivery, or directly to the Publishing Department, including:

a) An application form for obtaining a license according to the prescribed model;

b) A copy accompanied by the original for verification or a certified copy of the business registration certificate or investment certificate in accordance with the laws on enterprises and investment; diplomas and certificates of the head of the business operating import of publications;

c) A list of staff members reviewing book contents according to the prescribed model for the case of importing books.

2. The Ministry of Information and Communications shall amend and supplement Model No. 10 - Application Form for Obtaining a License for Operating Import of Publications and Model No. 11 - List of Staff Members and Collaborators Reviewing Book Contents Imported issued together with Circular No. 02/2010/TT-BTTTT dated January 11, 2010 to align with the plan to simplify administrative procedures as stipulated in Resolution No. 25/NQ-CP dated June 2, 2010 of the Government."

Article 2. Amending and supplementing Article 18 of Decree No. 111/2005/NĐ-CP dated August 26, 2005 of the Government which has been amended and supplemented by Clause 4 of Article 1 of Decree No. 11/2009/NĐ-CP dated February 10, 2009 of the Government regarding registration for import of publications for business purposes.

 Article 18 shall be amended and supplemented as follows:

"Article 18. Registration for Import of Publications for Business Purposes

1. The registration for import of publications for business purposes shall be carried out in accordance with the provisions of Article 39 of the Law on Publishing.

2. The application forms, procedures, and methods for implementing the registration for import of publications for business purposes are as follows:

a) The application form shall be prepared in one (1) set, including a registration form for import of publications and three (3) copies of the publication import catalog according to the prescribed model;

b) The business importing publications shall submit one (1) set of the application form through postal services, express delivery, or directly to the Publishing Department. When the Publishing Department provides guidance on registering for import of publications via the internet, the business importing publications may implement the registration via the internet based on their needs;

c) In the event of changes in information in the publication import catalog that has been confirmed for registration, the business importing publications must submit a report on the changed information and simultaneously register new information (if any) with the Publishing Department for supplementary confirmation.

The method of submitting the report shall be carried out in accordance with the provisions of point b of this clause.

3. The publication import catalog confirmed for registration by the Publishing Department serves as the basis for the business importing publications to complete import procedures with customs authorities and remains valid until the import procedures are completed.

4. The Ministry of Information and Communications shall amend and supplement Model No. 13 - Registration Form for Publication Import Catalog for Business Purposes and Model No. 14 - Publication Import Catalog for Business Purposes issued together with Circular No. 02/2010/TT-BTTTT dated January 11, 2010 to align with the plan to simplify administrative procedures as stipulated in Resolution No. 25/NQ-CP dated June 2, 2010 of the Government."

Article 3. Effectiveness and Responsibility for Implementation

1. This Decree takes effect from December 31, 2010.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree./.