Circular No. 22/2010/TT-BTTTT stipulates on the organization and operation of printing for printing establishments of agencies, organizations, and individuals; amending certain provisions of Circular No. 04/2008/TT-BTTTT dated July 9, 2008, and Circular No. 02/2010/TT-BTTTT dated January 11, 2010, issued by the Ministry of Information and Communications.

CIRCULAR

Regulations on organization and operation of printing; amendment and supplementation of some provisions of Circular No. 04/2008/TT-BTTTT

dated July 9, 2008 and Circular No. 02/2010/TT-BTTTT dated January 11, 2010

of the Ministry of Information and Communications

____________________

MINISTER OF INFORMATION AND COMMUNICATIONS

Pursuant to the Law on Publishing dated December 3, 2004;

Pursuant to Decree No. 105/2007/NĐ-CP dated June 21, 2007 of the Government on printing activities of products that are not publications;

Pursuant to Decree No. 187/2007/NĐ-CP dated December 25, 2007 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications;

At the proposal of the Director of the Publishing Department,

c) Enterprises may be granted permission for no more than one block out of the total three dual-frequency blocks (FDD) B

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates the organization and operation of printing for printing establishments of agencies, organizations, and individuals established and operating in accordance with the law.

2. Amends and supplements Clause 2 Section I, Point 1.2 Clause 1 Section II, Point 2.1 Clause 2 Section II of Circular No. 04/2008/TT-BTTTT dated July 9, 2008 of the Ministry of Information and Communications (hereinafter referred to as 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 (hereinafter referred to as Decree No. 105/2007/NĐ-CP) on printing activities of products that are not publications; Article 8 of Circular No. 02/2010/TT-BTTTT dated January 11, 2010 on conditions for equipment to issue a printing business license (hereinafter referred to as Circular No. 02/2010/TT-BTTTT).

Article 2. Printing establishment

1. Agencies, organizations, and individuals implementing printing activities as prescribed in the Law on Publishing, Decree No. 105/2007/NĐ-CP are called printing establishments.

2. Agencies and organizations operating in other professions having departments implementing printing activities shall be called printing establishments.

Article 3. Types of organization of printing establishments

1. Printing enterprises.

2. Public and non-public service printing establishments.

3. Dependent printing establishments.

4. Printing households.

Article 4. Conditions for printing activities

1. For printing establishments printing publications, newspapers, magazines, anti-counterfeiting stamps must have a printing business license in accordance with the provisions of Article 5 of this Circular.

2. Printing establishments not participating in printing activities as prescribed in Clause 1 of this Article must have a business registration certificate for the printing profession in accordance with the laws on enterprises, investment, and relevant laws.

In case the printing establishment is a public service unit, it must have a decision on establishment from the competent authority.

Article 5. Issuance of printing business licenses

1. When participating in printing publication, newspaper, magazine, anti-counterfeiting stamp activities, printing establishments must apply for a printing business license in accordance with the Law on Publishing, Decree No. 105/2007/NĐ-CP, Article 11 of this Circular, and related laws.

2. The application dossier for a license shall comply with the provisions of Clause 2 Article 31 of the Law on Publishing for publication printing, Article 6 of Decree No. 105/2007/NĐ-CP for newspaper, magazine, and anti-counterfeiting stamp printing. The submission of the dossier shall be carried out as follows:

a) Central printing establishments shall submit the application dossier for a license to the Publishing Department;

b) Local printing establishments shall submit the application dossier for a license to the Provincial Department of Information and Communications.

Article 6. Conditions for accepting printing orders by printing establishments

1. When accepting orders for printing publications, newspapers, magazines, anti-counterfeiting stamps, ghost money, product labels, packaging, printing establishments must comply with the conditions prescribed in Article 32 of the Law on Publishing; Article 16 of Decree No. 111/2005/NĐ-CP dated August 26, 2005; Clause 2 of Article 5, Clauses 1, 2, 3 of Article 9 of Decree No. 105/2007/NĐ-CP and Article 8 of this Circular.

2. When accepting orders for printing identification cards, passports, educational certificates of the national education system, they must comply with the provisions of point b Clause 3 of Article 5 of Decree No. 105/2007/NĐ-CP; Clause 3 Section I of Circular No. 04/2008/TT-BTTTT.

3. When accepting orders for printing valuable documents, invoices in accordance with the law, they must have a certified copy of the approval document of the competent state management agency managing such documents and comply with the relevant laws.

Article 7. Responsibilities of Printing Facilities

1. Printing facilities shall be responsible for complying with the provisions of the Law on Publishing, Decree No. 105/2007/ND-CP, and other relevant laws.

2. Printing facilities shall be responsible for requesting persons placing orders to provide addresses of individuals and organizations, certified copies of identity cards or passports to be kept at the printing facility and presented upon request from competent state agencies.

3. Printing facilities must ensure the responsibility to check the legal procedures of printed materials before signing a printing contract.

4. Printing facilities must report fully information about their printing activities to the Publishing Department and the Provincial Department of Information and Communications periodically or immediately when requested.

5. Printing facilities must record all information about printed materials in the Register for Managing Printed Materials for Reproduction, Printing, and Post-Printing Processing (according to Model 11).

Article 8. Amending and Supplementing Clause 2 Section I Circular No. 04/2008/TT-BTTTT on Printing Gold Paper Products

1. The printing of gold paper products must ensure that it does not violate advertising regulations and other relevant laws.

2. The printing of gold paper products may not use content, images, patterns, or colors of Vietnamese or foreign currency.

The size of gold paper products (paper money) must be larger or smaller than Vietnamese or foreign currency by at least 3 cm on each side and can only be printed in one color and on one side.

3. The registration dossier for confirming types of gold paper products to be printed consists of one set, sent through postal services, express delivery, or directly submitted to the Provincial Department of Information and Communications, including:

a) Application form for registering gold paper products (according to Model 5);

b) Certified copy or copy accompanied by the original for verification of one of the types of business registration certificates according to the law on enterprises or investment, or tax identification number confirmation document for public printing facilities;

c) Two sample drafts (models) of the registered types of gold paper products.

4. Within seven working days from the date of receiving complete valid dossiers, the Provincial Department of Information and Communications shall issue a confirmation certificate for the registered types of gold paper products, stamp the two sample drafts (models) of the registered gold paper products, and return one copy to the printing facility; if the confirmation certificate is not issued, a written response explaining the reasons must be provided.

Article 9. Amending and Supplementing Point 1.2 Clause 1 Section II Circular No. 04/2008/TT-BTTTT on Importing Color Photocopy Machines

1. Agencies and organizations using color photocopy machines must establish management and usage regulations and submit them along with the import permit application dossier to the Publishing Department.

2. The application dossier for obtaining an import permit for color photocopy machines consists of one set, sent through postal services, express delivery, or directly submitted to the Publishing Department, including:

a) Application form for obtaining an import permit (according to Model 2);

b) Certified copy or copy accompanied by the original for verification of one of the types of business registration certificates according to the law on enterprises or investment, or establishment decision of the agency or organization applying for import;

c) Management and usage regulations for color photocopy machines according to the model issued together with Circular No. 04/2008/TT-BTTTT;

d) Catalogue of the machine.

Article 10. Amending and Supplementing Point 2.1 Clause 2 Section II Circular No. 04/2008/TT-BTTTT on Registering Printing Equipment

1. Agencies and organizations using color photocopy machines must register the machines with the Provincial Department of Information and Communications.

2. The application dossier for registering the use of color photocopy machines consists of one set, sent through postal services, express delivery, or directly submitted to the Provincial Department of Information and Communications, including:

a) Application form for registering the use of color photocopy machines (according to Model 4);

b) Certified copy or copy accompanied by the original for verification of the import permit for color photocopy machines;

c) Certified copy or copy accompanied by the original for verification of one of the types of business registration certificates according to the law on enterprises or investment, or establishment decision of the agency or organization registering the use of color photocopy machines;

d) Management and usage regulations for color photocopy machines according to the model issued together with Circular No. 04/2008/TT-BTTTT.

3. Within seven working days from the date of receiving complete valid dossiers, the Provincial Department of Information and Communications must issue a registration certificate for color photocopy machines; if the registration certificate is not issued, a written response explaining the reasons must be provided.

Article 11. Amending and supplementing Article 8 of Circular No. 02/2010/TT-BTTTT on conditions regarding equipment for issuing printing operation licenses

1. Printing establishments, proofing, printing, newspaper, magazine, anti-counterfeiting stamp bases must have the following investment equipment list (according to Model 9) consistent with their functions, to be submitted together with the application for a printing operation license:

a) Computer, film recording machine or zinc plate recording machine;

b) Printer;

c) Cutting machine, steel sewing machine, cover inserting machine or finishing machine.

2. Within twelve months from the date of issuance of the printing operation license, the licensing authority must inspect the printing equipment investment listed in Clause 1 of this Article at the printing establishment; if there is no equipment according to the list, the licensing authority must revoke the issued printing operation license.

During the investment process, if there is a change in the type of equipment in the list, the printing establishment must notify the licensing authority in writing.

3. An establishment that only performs post-printing processing steps does not need to apply for a printing operation license but must establish a Record Book for Managing Post-Printing Processed Products (according to Model 11).

Article 12. Issuing forms

Issued along with this Circular are eleven forms for implementing administrative procedures in the printing sector:

1. Application form for a printing operation license;

2. Application form for a color photocopier import permit;

3. Color photocopier import permit;

4. Registration form for color photocopiers;

5. Application form for registering gold foil for printing;

6. Confirmation certificate for registering gold foil for printing;

7. Application form for a foreign country printing subcontracting permit;

8. Foreign country printing subcontracting permit;

9. Printing equipment list;

10. Printing operation license;

11. Record book for managing printed products received for proofing, printing, and post-printing processing.

Article 13. Effective Date

1. This Circular takes effect 45 days from the date of signature.

2. During implementation, if any agency, organization, or individual encounters difficulties, they should report to the Ministry of Information and Communications (through the Publishing Department - No. 10 Hang Gai Street, Hoan Kiem District, Hanoi) for consideration and resolution./.