Circular No. 26/2018/TT-BVHTTDL amending and supplementing certain Articles of Circular No. 28/2014/TT-BVHTTDL dated December 31, 2014 of the Minister of Culture, Sports and Tourism on the management of international trade activities under the specialized cultural administration of the Ministry of Culture, Sports and Tourism.

CIRCULAR

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF CIRCULAR NO. 28/2014/TT-BVHTTDL DATED DECEMBER 31, 2014 ISSUED BY THE MINISTER OF CULTURE, SPORTS AND TOURISM ON THE MANAGEMENT OF INTERNATIONAL COMMERCE ACTIVITIES UNDER THE SPECIALIZED CULTURAL MANAGEMENT OF THE MINISTRY OF CULTURE, SPORTS AND TOURISM

Pursuant to the Cultural Heritage Law dated June 29, 2001 and the Law Amending and Supplementing Certain Provisions of the Cultural Heritage Law dated June 18, 2009;

Pursuant to the Law on Trade dated June 14, 2005;

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

Pursuant to the Law on Foreign Trade Management dated June 12, 2017;

Pursuant to Decree No. 103/2009/NĐ-CP dated November 6, 2009 of the Government promulgating the Rules on Cultural Activities and Public Cultural Service Business Operations;

Pursuant to Decree No. 79/2012/NĐ-CP dated October 5, 2012 of the Government on artistic performances, fashion shows; beauty pageants and model contests; circulation and business of audio and video recordings of music and drama; and Decree No. 15/2016/NĐ-CP dated March 15, 2016 of the Government amending and supplementing certain articles of Decree No. 79/2012/NĐ-CP dated October 5, 2012 of the Government on artistic performances, fashion shows; beauty pageants and model contests; circulation and business of audio and video recordings of music and drama;

Pursuant to Decree No. 86/2013/NĐ-CP dated July 29, 2013 of the Government on operating electronic games with rewards for foreigners; and Decree No. 175/2016/NĐ-CP dated December 30, 2016 of the Government amending and supplementing certain provisions of Decree No. 86/2013/NĐ-CP dated July 29, 2013 of the Government on operating electronic games with rewards for foreigners;

Pursuant to Decree No. 113/2013/NĐ-CP dated October 2, 2013 of the Government on fine art 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 operating casinos;

Pursuant to Decree No. 69/2018/NĐ-CP dated May 15, 2018 of the Government detailing certain provisions of the Law on Management of Foreign Trade;

Pursuant to Decree No. 79/2017/NĐ-CP dated July 17, 2017, of the Government stipulating 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 promulgates this Circular amending and supplementing certain articles of Circular No. 28/2014/TT-BVHTTDL dated December 31, 2014 issued by the Minister of Culture, Sports and Tourism on the management of international commerce activities under the specialized cultural management of the Ministry of Culture, Sports and Tourism.

Article 1. Amendments and supplements to certain articles of Circular No. 28/2014/TT-BVHTTDL dated December 31, 2014 issued by the Minister of Culture, Sports and Tourism on the management of international commerce activities under the specialized cultural management of the Ministry of Culture, Sports and Tourism.

1. Amend Clause 1 of Article 1 as follows:

"1. This Circular regulates the management of international commerce activities under the specialized cultural management of the Ministry of Culture, Sports and Tourism."

2. Repeal Clause 3 of Article 1.

3. Amend Point a of Clause 1 of Article 2 as follows:

"a) A cinematographic work is an artistic product as defined in Clause 2, Article 4 of the Cinema Law;"

4. Amend and supplement Clause 2 of Article 2 as follows:

"2. Fine art works, photographic works
a) A fine art work is a work as defined in Clause 1, Article 3 of Decree No. 113/2013/NĐ-CP dated October 2, 2013 of the Government on fine arts activities;
b) A photographic work is a creative product as defined in Clause 4, Article 3 of Decree No. 72/2016/NĐ-CP dated July 1, 2016 of the Government on photography activities."

5. Amend Clause 2 of Article 3 as follows:

"2. The determination of HS code for export and import goods regulated in this Circular shall be carried out according to the Circular of the Minister of Culture, Sports and Tourism issuing the List of Export and Import Goods within the Scope of Specialized Cultural Management of the Ministry of Culture, Sports and Tourism to determine the HS code according to the List of Export and Import Goods of Vietnam. The HS code does not specify the content or ownership of export and import goods."

6. Amend and supplement Clause 3 of Article 3 as follows:

"3. The determination of goods subject to specialized cultural management for export, import, prohibition of export, and prohibition of import must be based on the results of content review and approval by competent authorities as prescribed by law.

7. Amend and supplement Clause 3 of Article 4 as follows:

"3. Antiquities, cultural relics, national treasures as prescribed by law on cultural heritage."

8. Repeal Clause 4 of Article 4.

9. Amend Point b of Clause 3 of Article 7 as follows:

"b) Images of imported works, specifying material and size;"

10. Repeal Point c of Clause 3 of Article 7.

11. Amend certain provisions of Article 8 as follows:

a) Replace the phrase "Document proving the lawful origin of the work or product" with "Copy of the document proving the lawful origin of the work or product" in Point d of Clause 1;

b) Repeal the provision "Copied and certified Investment Certificate or Business Registration Certificate or Business License" in Point d of Clause 1;

c) Repeal the provision "Sample cover of audio and video recording (if any)" and "Copied and certified Decision on Establishment or Business Registration Certificate or Trading License" in Point c of Clause 2;

d) Repeal the provision "Documentation proving the lawful origin of the product for import (accompanied by a Vietnamese translation)" and "Sample of the product for import" in Point b of Clause 3;

đ) Replace the phrase "Copied and certified Investment Certificate or Investment Permit, Business Registration Certificate or Business License or other equivalent legal documents and Business Operation Permit (if any)" with "Copy of Investment Certificate or Investment Permit, Business Registration Certificate or Business License or other equivalent legal documents (if any)" in Point b of Clause 3.

12. Amend certain provisions of Clause 5 of Article 10 as follows:

12. Amend some provisions in Clause 5 of Article 10 as follows:

a) Replace the phrase: "Application for confirmation of eligibility to import goods and list of imported goods of the trader (Form 06 in Appendix II issued together with this Circular), which clearly states the name, type, brand, manufacturer of the imported machines, equipment, spare parts, and the type of electronic games with prizes; the quantity and value of each item; the duration and total number of machines permitted for the business of providing electronic games with prizes for foreigners of the enterprise; the installation location of the imported machines and equipment; the business address of the enterprise and other information related to the quantity and types of machines (if any)" with the phrase: "Application for confirmation of eligibility to import goods and list of imported goods of the trader (Form 06 in Appendix II issued together with this Circular)";

b) Replace the phrase: "Certified copy of Investment Certificate, Business License, Enterprise Registration Certificate, Business Registration Certificate or other equivalent legal qualification documents and Certificate of Eligibility to Operate Electronic Games with Prizes for Foreigners, Casino Business" with the phrase: "Copy of Investment Certificate, Business License, Enterprise Registration Certificate, Business Registration Certificate or other equivalent legal qualification documents and Certificate of Eligibility to Operate Electronic Games with Prizes for Foreigners, Casino Business".

13. Repeal the provision on "Origin of the Work" in Form No. 02 of Appendix II.

14. Replace the phrase: "works of visual art, applied art, photographic works" stipulated in Article 7 with the phrase: "works of fine art, photographic works." Replace the phrases: "works of visual art/applied art/photographic works"; "works of visual art, applied art, and photographic works"; "works of fine art, visual art, and photographic works" stipulated in Form No. 02 of Appendix II with the phrase: "works of fine art, photographic works."

Article 2. Implementation clause

1. This Circular takes effect from October 30, 2018.

2. The Planning and Finance Department, Ministry of Culture, Sports and Tourism shall be the advisory body assisting the Minister of Culture, Sports and Tourism in organizing the implementation and guiding the application of this Circular.

3. During the implementation process, if there are any arising issues or difficulties, organizations and individuals are requested to report to the Ministry of Culture, Sports and Tourism (Planning and Finance Department) for consideration and resolution./.