Decision No. 2607/VHTT-QĐ-XBI promulgates the Printing Organization and Operation Regulations

 Pursuant to …;

Issuing Regulations on the organization and operation of printing
____________

THE MINISTER OF CULTURE, SPORTS AND TOURISM

Pursuant to the Law on Publishing dated July 7, 1993;

Pursuant to the Law on State-Owned Enterprises dated April 30, 1995;

Pursuant to the Law on Private Enterprises and the Law on Companies dated December 21, 1990 and June 22, 1994 (amended);

Pursuant to Decree 81/CP dated November 8, 1993 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Culture and Information;

Considering the proposal of the Director of the Department of Organization and Cadres, the Director of the Legal Affairs Department, and the Director of the Publishing Administration;

Pursuant to …;

Article 1. Now promulgating with this Decision the "Regulations on the organization and operation of printing."

Article 2. These Regulations shall take effect fifteen days from the date of signature. All previous regulations of the Ministry of Culture and Information that conflict with these Regulations are hereby abolished.

Article 3. The Publishing Administration shall be responsible for guiding and supervising the implementation of these Regulations.

Article 4. Printing establishments throughout the country, Directors of Provincial Departments of Culture and Information, Heads of the Inspection Bureau of the Ministry of Culture and Information, Directors of the Publishing Administration, and Heads of relevant Departments and Administrations under the Ministry of Culture and Information shall be responsible for implementing this Decision.

REGULATIONS

ON THE ORGANIZATION AND OPERATION OF PRINTING
(Issued pursuant to Decision No. 2607 dated August 26, 1997 of the Ministry of Culture and Information

PART 1:
GENERAL PROVISIONS

Article 1.Printing is an industrial activity producing publications serving ideological and cultural work, economic development, raising public awareness, and enriching spiritual life.

Printing is not merely a commercial activity. The printing trade is a special profession as provided for in Decree 17/CP dated December 23, 1992 of the Government.

Article 2.Printing activities include: letterpress printing, offset lithography, intaglio (gravure), flexographic printing, screen printing (silk screening), wood engraving, rotogravure, laser printing, pad printing, and other printing methods; photocopying; typesetting, plate making, casting type, color separation, binding, gold stamping, sales of printing materials and equipment; production and repair of printing machinery; training in printing; and creating printing models.

Article 3.Printing establishments include the following forms of organization:

1- Printing establishment as an independent state-owned enterprise (hereinafter referred to as state-owned printing enterprise);

2- Printing establishment as a subordinate unit of a state-owned enterprise (hereinafter referred to as subordinate printing establishment);

3- Internal printing establishment;

4- Private or collective printing establishment.

Article 4.Printing activities must be authorized by competent state agencies as prescribed in the Law on Publishing and these Regulations.

State agencies, political and social organizations, economic organizations (including foreign or international organizations), and armed forces, collectively referred to as agencies and organizations, need to have typesetting, rotogravure, photocopiers for single-color reproduction to serve office work without commercial purposes, then they do not need to apply for establishment permission. The head of such agencies and organizations shall be responsible for all activities of the printing units under their management.

PART 2:

ESTABLISHMENT OF PRINTING ESTABLISHMENTS

A. STATE-OWNED PRINTING ENTERPRISES

Article 5.To establish a state-owned printing enterprise, the head of the managing agency must submit an application file to the Ministry of Culture and Information (Publishing Administration). The contents of the application file are specified in Article 6 of Decree 50/CP dated August 28, 1996 of the Government. Additionally, the following documents must be submitted: a recommendation letter from the local Department of Culture and Information, a certificate of eligibility for security and public order conditions to engage in a special profession as stipulated in Decree 17/CP dated December 23, 1992 (hereinafter referred to as the certificate of eligibility for security and public order conditions), a list of directors, deputy directors, and chief accountants accompanied by their resumes and photographs.

Article 6.

1- For cases within the authority to issue establishment decisions of the Ministry of Culture and Information, the Ministry of Culture and Information shall issue a decision or reply within thirty days from the date of receipt of the complete application file.

2- For cases within the authority to issue establishment decisions of the Government, the Ministry of Culture and Information shall submit a recommendation to the Government for a decision within thirty days from the date of receipt of the complete application file.

3- For cases within the authority to issue establishment decisions of the People's Committees of provinces and centrally-administered cities, the Ministry of Culture and Information shall issue a consent letter within thirty days from the date of receipt of the complete application file.

B. SUBORDINATE PRINTING ESTABLISHMENTS OF STATE-OWNED ENTERPRISES

Article 7.State-owned enterprises producing products that require printing and packaging shall be considered for establishing subordinate printing establishments.

Article 8.To establish a subordinate printing establishment, the head of the enterprise must submit an application file to the Publishing Administration of the Ministry of Culture and Information. The application file includes:

1- An application for printing activities, specifying:

- The name of the state-owned enterprise applying to establish a printing establishment;

- The location of the printing establishment;

- The purpose and products of the printing establishment;

2- Permit or decision on establishment and business registration of the enterprise;

3- Opinion of the managing agency of the enterprise;

4- Economic and technical justification for establishing the printing establishment, accompanied by a document approving the justification from the competent state agency;

5- Certificate of eligibility for security and public order conditions;

6- List of direct leaders of the printing establishment, accompanied by their resumes and photographs;

7- Certificate of land use rights;

8- Recommendation letter from the local Department of Culture and Information.

Article 9.Within thirty days from the date of receipt of the complete application file, the Publishing Administration must issue a reply.

If granted permission to operate, the enterprise must complete other procedures as prescribed by law.

C. INTERNAL PRINTING ESTABLISHMENTS

Article 10.State agencies, political and social organizations, non-profit units within state-owned enterprises, and armed forces with internal printing needs not for commercial purposes may be considered for establishing internal printing establishments.

Article 11.To establish an internal printing establishment, the head of the directly managing agency must submit an application file to the Ministry of Culture and Information (Publishing Administration). The application file includes:

1- An application for establishment of a printing establishment, specifying:

- The name of the agency or organization applying to establish;

- The name and location of the printing establishment;

- Proposal for establishment of the printing establishment, specifying the products to be printed and the expected production volume;

2- List of key leaders and managers of the printing establishment, accompanied by their resumes and photographs;

3- Certificate of eligibility for security and public order conditions;

4- Opinion of the superior managing agency and the local Department of Culture and Information.

Article 12.Within thirty days from the date of receiving all necessary documents, the Ministry of Culture and Information shall issue a written response. If permission to operate printing activities is granted, the head of the managing agency shall issue a decision to establish the printing facility.

D - PRIVATE AND COLLECTIVE PRINTING FACILITIES

Article 13.Vietnamese citizens aged eighteen years or older may apply for permission to establish printing facilities: photocopiers (monochrome), Roneo, screen printing (silk screen) manually, woodblock printing, computer typesetting, tin laze, binding, embossing, producing and repairing printing machinery, teaching printing trades as stipulated in this Article.

Article 14.Citizens wishing to establish printing facilities as prescribed in Article 13 of this Regulation must submit an application to the Department of Culture and Information. The application package includes:

1- An application for permission to operate printing activities, clearly stating:

- Name, date of birth, permanent address of the applicant;

- Name, headquarters, location of the printing facility, accompanied by a certificate of land and building usage rights;

- Purpose, products, business sectors;

- Initial investment capital and other assets in kind;

2- Personal history and photograph of the applicant;

3- Certificate of eligibility for security and public order conditions;

4- Graduation certificate from a printing vocational school for the person managing the printing facility.

Article 15.Within thirty days from the date of receiving all necessary documents, the Department of Culture and Information shall issue a written response. If permission to operate printing activities (i.e., a business license) is granted, the applicant must complete other procedures as required by law.

Article 16.Economic organizations operating under the Law on Enterprises or the Law on Private Enterprises that produce products requiring printing and packaging shall be considered for establishing printing facilities.

Article 17.To establish printing facilities as prescribed in Article 16 of this Regulation, the head of the economic organization applying to establish the printing facility must submit an application to the Publishing Administration. The application package includes:

1- An application to establish a printing facility, clearly stating:

- Name of the economic organization applying to establish the printing facility;

- Address of the economic organization and address of the printing facility;

- Purpose, business sector, and products requiring printing;

2- Business registration certificate or establishment decision of the economic organization applying to establish the printing facility;

3- Economic and technical feasibility study or project proposal for establishing the printing facility;

4- Written opinions of the Department of Culture and Information and the Department of Science and Technology, Environment;

5- Certificate of eligibility for security and public order conditions;

6- Certificate of land and building usage rights;

7- List of leaders and managers of the economic organization applying to establish the printing facility, accompanied by personal history and photographs.

Article 18.Within thirty days from the date of receiving all necessary documents, the Publishing Administration shall issue a written response. If permission to operate printing activities (i.e., a business license) is granted, the economic organization applying to establish the printing facility must complete other procedures as required by law.

Chapter 3:
OPERATIONS OF PRINTING FACILITIES

Article 19.Printing facilities can only operate after obtaining a permit from the Ministry of Culture and Information for facilities as prescribed in Articles 5 and 10; from the Publishing Administration for facilities as prescribed in Articles 7 and 16; and from the Department of Culture and Information for facilities as prescribed in Article 13 of this Regulation, and after completing other procedures as required by law. Strictly prohibited is the operation of printing facilities without a permit or not in accordance with the contents specified in the permit.

Article 20.For printing facilities as prescribed in Articles 5, 7, 10, and 16 of this Regulation, when there is a change in name, headquarters, director, deputy director, chief accountant, or opening additional branches or representative offices, they must report in writing to the Publishing Administration, the Department of Culture and Information, and the local police authority; if there is a change in business sector, organizational form, ownership, or management agency, or if there is a merger with another printing facility, they must follow the procedures as when establishing the facility.

Article 21.For printing facilities as prescribed in Article 13 of this Regulation, when there is a change in name, headquarters, opening additional locations, or ceasing operations, they must report in writing to the Department of Culture and Information and the local police authority; if there is a change in ownership, they must follow the procedures as when establishing the facility.

Article 22.Printing facilities wishing to set up branches or representative offices abroad must obtain permission from the Ministry of Culture and Information and the Ministry of Trade.

Article 23.The dissolution or bankruptcy of printing facilities must be carried out according to the legal procedures and regulations, and at the same time, a written report must be submitted to the Publishing Administration and the local Department of Culture and Information.

Article 24.Joint ventures in printing with foreign countries must comply with the provisions of the Law on Foreign Investment in Vietnam and the guidelines issued by the Ministry of Culture and Information.

Article 25.Internal printing facilities are only permitted to print for internal use within the agency or organization applying to establish the facility and are not allowed to engage in printing business in any form.

The head of the agency or organization applying to establish an internal printing facility shall be responsible for all activities of the managed printing facility.

Article 26.Printing facilities as prescribed in Articles 13 and 16 of this Regulation are not allowed to print publications listed in Article 1 of Decree No. 79/CP dated November 6, 1993 of the Government detailing the implementation of the Law on Publishing; they are also not allowed to print newspapers, magazines, administrative documents of state agencies and social organizations, certificates, identity cards, various types of cards, vouchers, invoices, receipts, checks, savings books, lottery tickets, postal tickets, banknotes, stocks, bonds, and other documents with face value.

Article 27.Only enterprises engaged in import and export with a printing industry operation permit issued by the Ministry of Culture and Information are allowed to engage in the import and export or consignment import and export of printing equipment.

When there is a need to export or import printing equipment, the printing facility must submit an application to the Publishing Administration. The application package includes:

- Application for importing printing equipment;

- Various permits or establishment decisions;

- Economic and technical feasibility study, accompanied by the approval document of the competent authority, tender selection decision (for projects requiring bidding);

- Catalogue of the imported equipment.

Within twenty days from the date of receiving all necessary documents, the Publishing Administration must issue a written response.

Article 28.Types of printing plate-making equipment, printing machines must be registered with the Publishing Administration and the local Department of Culture and Information. The list of equipment to be registered, application forms, and registration procedures shall be implemented in accordance with the guidelines of the Publishing Administration.

When purchasing or changing ownership of printing equipment, the receiving printing facility must register with the Publishing Administration and the local Department of Culture and Information; only printing facilities with a printing operation permit are allowed to purchase printing equipment.

Article 29.Printing establishments shall only accept printing, proofreading, or trimming of publications with lawful documents as prescribed in Article 19 and Article 20 of Decree No. 79/CP dated November 6, 1993 of the Government.

It is strictly prohibited to engage in printing activities contrary to the aforementioned provisions.

Article 30.Only state-owned printing enterprises are permitted to print on commission for foreign countries.

The printing establishments specified in Article 7 and Article 16 of this Regulation shall only accept on-commission printing from abroad for products listed in their operating license.

Article 31.When there is a need for on-commission printing for foreign countries, the printing establishment must submit a request for permission to the Publishing Department. The application must clearly state:

- Name of the printing establishment;

- Name of the organization or individual placing the order, nationality.

- Type of publication to be printed on commission (with samples attached), quantity to be printed, printing materials.

- Port of export.

Within ten days from the date of receipt of complete documentation, the Publishing Department must issue a response document.

It is strictly prohibited to disseminate and illegally consume publications printed on commission for foreign countries within the territory of Vietnam.

CHAPTER 4:
INSPECTION, AUDIT AND VIOLATION HANDLING

Article 32.Printing establishments specified in this Regulation shall be subject to inspection and supervision by competent state agencies; they must report on their operational status and present relevant documents and certificates when requested.

Article 33.Competent state agencies responsible for inspection, supervision, and issuing licenses must perform their duties and exercise their powers as prescribed by law.

It is strictly prohibited to conduct inspections, handle cases improperly, or cause hindrance, inconvenience, or damage to the legitimate business operations of printing establishments through actions that exceed their functions, powers, or legal regulations.

Article 34.Printing establishments violating laws and provisions stipulated in this Regulation shall be subject to administrative penalties or criminal prosecution depending on the nature and severity of the violation.

Article 35.Any person who abuses their position or authority in issuing licenses, inspecting, supervising, handling cases, or failing to comply with the provisions of this Regulation shall be subject to disciplinary action, compensation for damages, or criminal prosecution depending on the nature and severity of the offense.