Circular No. 29/2001/TT-BVHTT guiding the implementation of Decision No. 46/2001/QĐ-TTg dated April 4, 2001 of the Prime Minister on the management of export and import of goods during the period 2001-2005.

CIRCULAR

Guidelines for implementing Decision No. 46/2001/QĐ-TTg dated April 4, 2001

of the Prime Minister on management of export and import of goods during the period 2001-2005

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Implementing Decision No. 46/2001/QĐ-TTg dated April 4, 2001 of the Prime Minister on management of export and import of goods during the period 2001-2005, the Ministry of Culture and Information guides the implementation of Section V (List of goods under specialized cultural information management) of Appendix No. 03 issued together with Decision No. 46/2001/QĐ-TTg as follows:

I. GENERAL PROVISIONS ON MANAGEMENT OF GOODS FOR EXPORT AND IMPORT UNDER SPECIALIZED CULTURAL INFORMATION

1. Goods and equipment for export and import listed in the specialized cultural information management list within the special business sector shall be regulated through legal documents such as the Law on Publishing, the Law on Press, Decrees No. 48/CP and No. 26/CP of the Government on management of film work.

2. Goods and equipment for import under the specialized cultural information management list stipulated in this Circular must comply fully with regulations in cultural information activity management and must be compatible with technology and industry development planning.

3. Due to the specific nature of cultural products, enterprises that have registered to operate in relevant sectors may only import goods as specified in Part III of this Circular.

II. LIST OF GOODS UNDER SPECIALIZED CULTURAL INFORMATION THAT ARE PROHIBITED FROM EXPORT AND IMPORT

1. List of goods under specialized cultural information prohibited from export

a) All types of antiques.

b) Objects belonging to museums and historical and cultural sites.

c) Statues of Buddha, religious worship objects made of any material originating from places of worship (temples, pagodas, shrines, churches).

d) Books, newspapers, films, video tapes, recorded objects or other audiovisual data (CD, VCD, DVD, cassette) and other cultural products prohibited from circulation in Vietnam.

2. List of goods under specialized cultural information prohibited from import

a) Cultural products containing pornographic, provocative, violent, or anti-state content.

b) Children's toys that have a negative impact on personality education and social order and safety.

III. GOODS PERMITTED FOR EXPORT AND IMPORT UNDER SPECIALIZED CULTURAL INFORMATION MANAGEMENT

1. List of goods under specialized cultural information for export

a) Various publications (books, newspapers, magazines, pictures, calendars) not covered by Clause 1.d of Section II.

b) Film works and other audiovisual products recorded on any medium and not covered by Clause 1.d of Section II.

c) Artistic works of various genres produced on any medium such as paper, fabric, silk, wood, lacquer, bronze, stone (with clear origin).

2. List of goods under specialized cultural information for import

a) Various publications (books, newspapers, magazines, pictures, calendars).

b) Film works and other audiovisual products recorded on any medium.

c) Printing and typesetting systems specifically for printing (scanners, color separation machines, film coating machines, plates and mold-making equipment).

d) Various printing machines (offset printing machines, flexographic printing machines, gravure printing machines, thermal printing machines, pad printing machines and laser color printers).

IV. PRINCIPLES OF EXPORT AND IMPORT MANAGEMENT

1. For goods under specialized cultural information for export

The goods listed in Clause 1 of Section III may be exported according to demand. The Ministry of Culture and Information does not issue export permits, nor approve the content, quantity, or value of exported products. Export procedures are handled at Customs:

a) For goods listed in Clause 1.a and 1.b of Section III provided they are permitted for production and circulation in Vietnam.

b) For goods listed in Clause 1.c of Section III with documentation proving clear origin regarding year of production and legitimate ownership of the work.

2. For goods under specialized cultural information for import

a) Publications imported (books, newspapers, magazines, pictures, calendars) must be approved by the Ministry of Culture and Information for content and import plan before enterprises proceed with import procedures.

b) Imported film works must be approved by the Ministry of Culture and Information for content and import plan in accordance with Circular No. 28/2000/TT-BVHTT dated October 31, 2000 guiding Decree No. 26/2000/NĐ-CP dated August 3, 2000 of the Government on film activities (attached to this Circular).

For non-film audiovisual products (recorded on any medium), the Ministry of Culture and Information delegates approval of content to Provincial Departments of Culture and Information prior to import. Importers may request approval from any convenient Provincial Department of Culture and Information.

c) Systems for printing and typesetting specifically for printing (scanners, color separation machines, film coating machines, plates and mold-making equipment) must be approved by the Ministry of Culture and Information before import.

d) Offset printing machines, flexographic printing machines, gravure printing machines, thermal printing machines, pad printing machines and laser color printers must be approved by the Ministry of Culture and Information before import.

Within seven days from receipt of the import application dossier from enterprises, the Ministry of Culture and Information or Provincial Departments of Culture and Information shall issue a document approving the list of items, program content, or import permit for enterprises to proceed with import procedures. In case of refusal, a document explaining the reasons must be issued.

V. IMPLEMENTATION PROVISIONS

This Circular takes effect from the date of issuance and applies to trade-related export and import of goods under specialized cultural information (for business purposes). It replaces Circular No. 07/2000/TT-BVHTT dated April 18, 2000 guiding the implementation of Decision No. 242/1999/QĐ-TTg.

For non-trade-related export and import of goods under specialized cultural information (not for business purposes), the provisions on the export and import of cultural products outside the scope of business operations as prescribed in Decision No. 893/QĐ-PC dated July 20, 1992 of the Ministry of Culture and Information shall continue to apply.

During the implementation process, if there are any obstacles, relevant state management agencies and entities involved in the import and export of specialized cultural information goods shall promptly reflect them to the Ministry of Culture and Information for consideration and resolution.