Decree No. 22/2022/ND-CP Amending and supplementing certain articles of Decree No. 32/2012/ND-CP dated April 12, 2012, of the Government on the management of export and import of cultural products not for business purposes.

DECREE

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF DECREE NO. 32/2012/NĐ-CP DATED APRIL 12, 2012

OF THE GOVERNMENT ON MANAGEMENT OF EXPORT AND IMPORT OF CULTURAL PRODUCTS NOT FOR BUSINESS PURPOSES

NOT FOR BUSINESS PURPOSES

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Cinema Law dated June 29, 2006; the Law Amending and Supplementing Certain Articles of the Cinema Law dated June 18, 2009;

At the proposal of the Minister of Culture, Sports and Tourism;

The Government promulgates this Decree amending and supplementing certain articles of Decree No. 32/2012/NĐ-CP dated April 12, 2012 of the Government on management of export and import of cultural products not for business purposes.

Article 1. Amend and supplement certain articles of Decree No. 32/2012/NĐ-CP dated April 12, 2012 of the Government on management of export and import of cultural products not for business purposes:

1. AMENDING AND SUPPLEMENTING ARTICLE 3 AS FOLLOWS:

"Article 3. Explanation of terms

In this Decree, the following terms are understood as follows:

1. Export and import activities of cultural products not for business purposes (hereinafter referred to as export and import of cultural products): Such activities involve sending from Vietnam to foreign countries, sending from foreign countries to Vietnam through border gates, the Internet, or other forms for cultural products to be used individually, given as gifts, inherited, exhibited, entered in competitions, exchanged cooperatively, discussed at seminars, provided as aid, disseminated, or used for professional work, research, or other non-commercial purposes.

2. Cultural products include:

a) Audio and video recordings; films; other audiovisual products recorded on digital media or technical means in the form of writing, sound, or images (excluding audio and video recordings with content replacing books or illustrating books and electronic publications as defined in the Law on Publishing).

b) Artistic works, applied arts, paintings, photography;

c) Tangible cultural heritage and products related to intangible cultural heritage.”

2. Amend Point b Clause 1 Article 8 as follows:

“b) Films intended for distribution and dissemination according to the provisions of the law throughout the country.”

3. Supplement Point e Clause 2 Article 8 as follows:

“e) Films intended for distribution and dissemination according to the provisions of the law imported by local Radio and Television Stations.”

4. Supplement Clause 3 Article 8 as follows:

“The licensing authority shall revoke the Film Import Permit when it discovers that the film content violates prohibitions stipulated in the Cinema Law.”

5. Amend and supplement Point b Clause 2 Article 9 as follows:

“b) Certificate of copyright ownership; contract; Vietnamese summary of the film content and declaration of responsibility for the imported film content not violating the law; power of attorney; certification or declaration of lawful ownership of artifacts and antiques;”

6. Amending and supplementing Clause 5 Article 9 as follows:

“5. Individuals and organizations responsible for providing imported cultural products and customs declaration forms (certified copies are not required) for the licensing authority to examine.

For imported cultural products that are films: Organizations responsible for providing the imported film copy and customs declaration forms (submit certified copies or copies and present the original for comparison if submitting directly, submit certified copies if submitting via mail) within thirty days from the date of the import permit issuance for examination.

The licensing authority shall issue an examination record and hand over the film based on the submitted documents and a summary of the film content.”

7. Supplement Clause 6 Article 9 as follows:

“6. Individuals importing films solely for personal use commit to not violating prohibitions stipulated in the Cinema Law and to use the film in accordance with the law.”

8 ||| 8. Amend and supplement Clause 2 of Article 10 as follows:

“2. Within two working days from the date of receiving complete valid documents, the competent authority must issue the permit.

For cultural products that are films: Within three working days from the date of receiving complete valid documents, the competent authority must issue the permit.”

9. Amend and supplement Clause 5 Article 10 as follows:

“5. The maximum time for examining imported cultural products shall not exceed twelve working days.

For cultural products that are films: The examination period for films shall not exceed twelve working days, starting from the date the organization provides the film.”

Article 2. Replace the phrase "Department of Culture, Sports and Tourism" in Decree No. 32/2012/ND-CP dated April 12, 2012 of the Government on the management of export and import of cultural goods not for business purposes.

Replace the phrase "Department of Culture, Sports and Tourism" with "Department of Culture, Sports and Tourism/Department of Culture and Sports" in Clause 1, Article 7.

This Circular takes effect from December 25, 2025/.

The ministers, heads of ministerial-level agencies, heads of government agencies, chairpersons of provincial people's committees under the central city, and related organizations and individuals shall be responsible for implementing this Decree.

Article 4. Implementation provisions

1. This Decree takes effect from May 10, 2022.

2. Transitional Provisions

For applications for import permits submitted before the date this Decree takes effect and have not yet been granted permits, they shall continue to be processed according to the provisions of Decree No. 32/2012/ND-CP dated April 12, 2012 of the Government on the management of export and import of cultural goods not for business purposes.