Joint Circular No. 3007-TTLB/VH/HQ on Coordinating Inspection and Management of Cultural Products Import and Export

CIRCULAR

JOINT MINISTRY OF CULTURE - GENERAL CUSTOMS DEPARTMENT DECREE NO. 3007-TTLB/VH/HQ
OCTOBER 26, 1985 ON COOPERATION IN INSPECTION AND MANAGEMENT OF IMPORT AND EXPORT OF CULTURAL GOODS
||| REGARDING THE COOPERATION IN INSPECTION AND MANAGEMENT OF IMPORT AND EXPORT OF CULTURAL GOODS

Pursuant to Decree No. 100-CP dated June 1, 1966 of the Council of Ministers on the unification of management of import and export of cultural goods;

Pursuant to Decree No. 139-HĐBT dated October 20, 1984 of the Council of Ministers stipulating the tasks, powers, and organization of the Customs Bureau;

BASED ON THE CUSTOMS REGULATIONS ISSUED BY THE STATE COUNCIL ACCOMPANIED WITH THE DECREES NO. 3-CP OF FEBRUARY 27, 1960;

The Ministry of Culture and the General Customs Department issue this Circular to clarify the responsibilities and powers of the two sectors in the cooperation for inspection and management of import and export of cultural goods, and to prescribe certain rules for the import and export of cultural goods for central and local agencies and organizations (including foreign agencies) and individuals (including foreigners) involved in the import and export of cultural goods.

I. RESPONSIBILITIES AND POWERS OF THE CULTURAL SECTOR AND THE CUSTOMS SECTOR IN PERMITTING THE EXPORT AND IMPORT OF CULTURAL GOODS

1. Cultural sector:

Pursuant to Decree No. 100-CP dated June 1, 1966 of the Council of Ministers, the cultural sector has the responsibility to unify the organization and management of import and export of cultural goods. Specifically:

- Issuing documents to define the list of cultural goods permitted and not permitted for import and export;

- Quickly strengthening the forces to ensure sufficient staff present regularly at border gates, cargo transfer stations for import and export goods, and foreign postal offices to cooperate with customs officers in performing inspection and management duties for imported and exported cultural goods.

- In accordance with current regulations, issuing permits for the import and export of cultural goods not included in the national import and export plan (previously often referred to as non-commercial trade cultural goods).

2. Customs sector:

Pursuant to Decree No. 139-HĐBT dated October 20, 1984 of the Council of Ministers, the customs sector has the responsibility:

- Cooperating with the cultural sector at border gates, cargo transfer stations for import and export goods, and foreign postal offices to inspect and manage cultural goods under various forms: carried by person, not carried by person, sent in postal items or parcels, or attached to other goods or luggage.

- Only allowing the export or import of cultural goods according to the valid permit issued by the cultural authority (for cultural goods not included in the national import and export plan) or by the Ministry of Foreign Trade (for cultural goods included in the national import and export plan).

- In cases where cultural goods do not comply with a valid permit or violate the rules for import and export of cultural goods, the customs office at the border gate will not allow export or import and must prepare a temporary detention record awaiting resolution.

- If there is no cultural sector force at a border gate, customs will fully replace it.

II. SOME PRINCIPLES FOR WORK RELATIONS BETWEEN THE TWO SECTORS

1. Based on coordination among relevant sectors, the management and inspection of import and export of cultural goods must be strict and thorough, distinguishing between cultural goods permitted for import and export from those not permitted: healthy cultural goods from reactionary, decadent, or backward cultural goods.

2. To ensure the implementation of general principles, specific principles should be implemented as follows:

- Each sector performs its state-assigned functions.

- Each sector establishes its work regulations, proactively proposing cooperation and mutual support in grassroots and higher-level work.

- Creating favorable conditions for each other to jointly complete tasks.

- During the course of work, if there are differing opinions, they should discuss and find appropriate solutions. In cases where consensus cannot be reached, staff members of each sector must report to their superiors for guidance.

III. SOME RULES FOR IMPORT AND EXPORT OF CULTURAL GOODS

Agencies, organizations, and individuals involved in the import and export of cultural goods must comply with the following provisions:

1. Declaration, inspection, and issuance of permits for the import and export of cultural goods.

a) All cultural goods for export or import must complete customs procedures at border gates (or at locations recognized by the General Customs Department as non-border locations).

b) For cultural goods intended for export that require permission from the cultural authority, agencies, organizations, and individuals exporting cultural goods must declare and submit them to the cultural authority for inspection. After inspection and issuance of a permit, the cultural authority seals the approved cultural goods for export so that the customs authority can process the customs formalities. At the border gate, customs officers may still inspect sealed cultural goods according to their functions.

c) For cultural goods intended for import that require permission from the cultural authority but lack a permit or whose contents are unclear, customs officers and cultural officers at the border gate will conduct inspections. If temporary detention for review is necessary, they will jointly prepare a record for the cultural officer to retain and be responsible to the owner of the imported cultural goods.

In such cases, the cultural officer must provide a receipt clearly stating the location and date for the owner to resolve the matter.

After inspection and processing, the cultural authority will notify the provincial, municipal, or special zone customs authority in writing of the specific results of each case.

d) Agencies, organizations, and individuals (including foreign agencies) involved in the import and export of cultural goods requiring content inspection must pay fees according to Decision No. 558-VH/QĐ dated March 22, 1985 of the Ministry of Culture.

2. Customs formalities.

Individuals involved in the import and export of cultural goods requiring permission from the cultural authority must:

a) Present the cultural goods import and export permit to the customs authority to obtain a non-commercial trade goods import and export permit.

b) After obtaining the customs authority's permit, present it to the border gate customs authority.

c) Declare and present cultural goods for import and export for customs inspection.

d) Comply with all decisions made by the border gate customs authority, such as paying taxes (if exceeding tax-exempt standards), confiscating cultural goods (if they are types not permitted for import and export), etc...

For cultural products permitted for import and export, if the quantity exceeds the tax-exempt standard and the party does not have sufficient funds to pay the tax, then such cultural products shall not be exported (if they are export cultural products) and must be retained for re-export (if they are imported cultural products).

3. Handling violations of the rules for importing and exporting cultural products and disposing of contraband items.

a) All acts violating the rules for importing and exporting cultural products shall be handled according to Decree No. 100-CP dated June 1, 1966 of the Council of Ministers, the Customs Regulations issued by the Council of Ministers pursuant to Decree No. 3-CP dated February 27, 1960, and current laws.

b) Acts violating the rules for importing and exporting cultural products discovered by customs authorities during procedures at border gates shall be under the jurisdiction of the customs authorities to handle.

Cultural products temporarily detained pending legal action due to illegal import and export shall be kept under the responsibility of the border gate customs authority.

c) Types of reactionary books, magazines, obscene paintings, and photographs seized by border gate customs authorities, after issuing a confiscation decision, shall be immediately sent by the provincial, municipal, or special zone customs authority to the General Department of Customs, Ministry of Culture, and Ministry of Home Affairs each with one copy along with the violation record and confiscation decision. (If there is only one copy, it shall be sent to the General Department of Customs for the General Department to transfer to the Ministry of Culture or the Ministry of Home Affairs depending on whether the cultural product contains reactionary or obscene content as stated in Circular Jointly Issued by the Ministry of Culture and the Ministry of Home Affairs No. 855-TT/LB dated April 12, 1984).

The remaining copies must be immediately destroyed, with a record made and signed by representatives from the provincial, municipal, or special zone public security and culture agencies.

d) Motion picture films, video tapes, cassette tapes containing reactionary or obscene content, seized by border gate customs authorities must be sealed immediately. After issuing a confiscation decision, the provincial, municipal, or special zone customs authority must immediately send one copy each to the General Department of Customs, Ministry of Home Affairs, and Ministry of Culture along with the violation record and confiscation decision. (If there is only one copy, it shall be sent to the General Department of Customs for the General Department to transfer to the Ministry of Culture or the Ministry of Home Affairs as mentioned in point c for handling).

While awaiting instructions from the General Department of Customs, the Director of the provincial, municipal, or special zone customs authority must carefully store them and strictly prohibit their use in any form, including lending to other agencies.

đ) Illegally exported antiques, after recording the violation, shall be transferred to the local cultural agency for storage while awaiting resolution. The transfer of contraband items must be recorded and sealed properly.

IV. IMPLEMENTATION PROVISIONS

1. Annually, the heads of the central and local departments of Culture and Customs at border gates shall convene once to review and assess the cooperation and address issues arising from new circumstances.

2. At border gates without cultural officers, customs officers shall undertake the inspection and management of cultural products for import and export.

For cultural products that need to be retained for inspection, customs officers shall prepare a record and promptly notify the local cultural agency to send personnel to receive and handle them.

3. This Circular takes effect from the date of signature. Previous regulations concerning the coordination between the Culture and Customs sectors in inspecting and managing the import and export of cultural products that conflict with this Circular are hereby abolished.