Decree No. 32/2012/ND-CP on the management of cultural goods export and import not for business purposes

DECREE

On the management of export and import of cultural goods not for business purposes

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Pursuant to the Law on Organization of the Government dated December 25, 2001;

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

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 the Decree on the management of export and import of cultural goods not for business purposes,

PART I

GENERAL PROVISIONS

1. This Decree stipulates the management of activities related to export and import of cultural goods not for business purposes.

2. This Decree does not regulate the management of export and import of publications, newspapers, and magazines not for business purposes. Activities of exporting and importing publications, newspapers, and magazines shall be carried out in accordance with the laws on press and publication.

Article 2. Applicability

Vietnamese individuals and organizations, foreign individuals and organizations (hereinafter referred to as individuals and organizations) have cultural goods for export and import not for business purposes.

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

1. Exporting and importing cultural goods not for business purposes (hereinafter referred to as exporting and importing cultural goods): Is the activity of sending from Vietnam to abroad, bringing from abroad into Vietnam through border gates, the Internet, or other forms for personal use, gifts, inheritance, exhibitions, competitions, cooperative exchanges, seminars, relief, dissemination, or other non-commercial purposes without profit-making intent.

2. Cultural products include:

a) Audio and video recordings; types of films, magnetic tapes, floppy disks, hard disks, optical discs containing recorded content; other audiovisual products containing information in written, sound, or image form;

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

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

Article 4. Application of relevant laws and international treaties

1. Individuals and organizations publishing and disseminating works abroad shall comply with regulations on publishing and disseminating works abroad.

3. When exporting and importing cultural goods, individuals and organizations must ensure compliance with the laws on protecting state secrets, intellectual property rights, and other relevant laws.

Article 5. Taxes, Fees, and Charges

Individuals and organizations exporting and importing cultural goods must fulfill tax, fee, and charge payment obligations in accordance with the laws on taxes and fees, charges.

Article 6. Prohibited Export and Import of Cultural Goods

1. Strictly prohibit the export and import of the following types of cultural goods:

a) Containing content opposing the Socialist Republic of Vietnam, undermining national solidarity;

b) Containing content inciting violence, propaganda for aggressive war, causing hatred among ethnic groups and peoples of different countries; inciting obscenity, depravity, crime;

c) Containing content classified as state secrets;

d) Containing false information, distorting history, denying revolutionary achievements; insulting great men, national heroes; slandering to defame the reputation of organizations, the honor, and dignity of citizens;

đ) Other types of cultural goods prohibited from being stored, disseminated, or circulated in Vietnam under the law.

Chapter II

PROCEDURES FOR EXPORTING AND IMPORTING CULTURAL GOODS

1. Individuals and organizations exporting cultural products that have been legally produced, published, disseminated, and circulated within the territory of Vietnam do not need permission from state management agencies for culture, sports, and tourism when exporting, except where otherwise provided by law. In cases requiring content appraisal of cultural products, the customs authority at the export clearance location shall request an appraisal from the Ministry of Culture, Sports and Tourism or the Department of Culture, Sports and Tourism where the exported cultural product is located.

2. The following types of cultural products must be appraised by state management agencies for culture, sports, and tourism before export: films of agencies and organizations or co-produced films providing film services to foreign countries that have not yet been published or disseminated; antiques, ancient artifacts, national treasures.

3. State management agencies for culture, sports, and tourism are responsible for appraising exported cultural products upon request from customs authorities and individuals or organizations. The appraisal record serves as the basis for customs authorities to process export procedures.

1. The Ministry of Culture, Sports and Tourism issues import permits for cultural products in the following cases:

a) Cultural products for exchange cooperation, aid; participation in exhibitions, contests, festivals at the national level;

c) Antiques, ancient artifacts for exhibition or display in museums;

d) Cultural products specified in Clause 1, Article 6 of this Decree for use in professional work or research of central ministries and sectors, after obtaining written opinions from relevant ministries and sectors;

e) Cultural products for use or other purposes nationwide or in multiple different regions.

2. Departments of Culture, Sports and Tourism issue import permits for cultural products for individuals and organizations in localities in the following cases:

a) Cultural products for the work of individuals and organizations in localities;

b) Cultural products as gifts exceeding the tax-free value limit prescribed by law;

c) Cultural products for participation in exhibitions, contests, festivals; circulation and dissemination in localities;

d) Antiques, ancient artifacts of individuals and organizations in localities;

e) Cultural products authorized by the Ministry of Culture, Sports and Tourism to issue import permits.

1. Individuals and organizations importing cultural products in the cases stipulated in Article 8 of this Decree submit applications for permits through postal service or directly at the offices of state management agencies for culture, sports, and tourism with jurisdiction as prescribed.

2. The application for a permit includes (one set):

a) An application form for a permit from individuals and organizations, clearly stating the type of cultural product, content, quantity, origin, purpose of use, and scope of use (the form is uniformly issued by the Ministry of Culture, Sports and Tourism throughout the country);

c) Copy of the consignment note or receipt of goods (if any).

3. State management agencies for culture, sports, and tourism receiving applications must verify the validity of the application, issue a receipt, and specify the time for issuing the permit.

4. Individuals and organizations may collect the permit at the office of state management agencies for culture, sports, and tourism or through postal service.

5. Individuals and organizations are responsible for providing imported cultural products and customs declaration forms (unauthenticated copies) for the issuing agency to conduct an appraisal.

1. The form of the permit shall be uniformly issued by the Ministry of Culture, Sports and Tourism throughout the country.

2. Within two working days from the date of receiving complete and valid application files, the competent authority must issue the permit.

3. In cases where the Ministry of Culture, Sports and Tourism needs to seek opinions from relevant ministries and sectors to decide on issuing the import permit, the issuance period may be extended but not exceeding ten working days at most.

4. If the permit is not issued, there must be a document clearly stating the reasons.

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

Article 11. Customs Procedures for Importing Cultural Products

a) Cultural products are materials for international conferences and seminars that have been approved by the competent Vietnamese authorities to be held in Vietnam. The approval document for organizing international conferences and seminars serves as the basis for the customs office to handle import procedures;

b) Cultural products that have been permitted for publication and distribution by the competent authorities according to Vietnamese laws;

c) Cultural products are personal or organizational movable assets;

d) Cultural products are part of the luggage carried by incoming travelers;

đ) Cultural products are gifts with tax-exempt value according to the provisions of the law;

Individuals and organizations enjoying diplomatic privileges and exemptions for importing cultural products to transfer to Vietnamese individuals or organizations or for circulation and dissemination in Vietnam must apply for an import permit from the competent state management agency for culture, sports and tourism according to the provisions of Article 8 of this Decree.

Chapter III

STATE MANAGEMENT RESPONSIBILITIES FOR EXPORT AND IMPORT OF CULTURAL PRODUCTS

Article 13. Tasks and Authorities of the Ministry of Culture, Sports and Tourism

The Ministry of Culture, Sports and Tourism is the agency assisting the Government in uniformly managing state administration over the export and import of non-commercial cultural products, with the following tasks and authorities:

1. Studying and drafting regulations for the Government to promulgate and promulgating them within its competence, concerning state management of cultural products, guiding the procedures and formalities for appraising exported and imported cultural products, and related articles and clauses in this Decree.

2. Inspecting and issuing import permits for cultural products within its competence; organizing appraisals or conducting appraisals of cultural products upon requests from individuals and organizations.

3. Implementing or leading, coordinating with relevant ministries, sectors, and localities to inspect, audit, resolve complaints and denunciations; handle violations related to the export and import of cultural products within its competence.

4. Directing, guiding, and inspecting the implementation of regulatory documents concerning the export and import of cultural products.

Article 14. Duties and Authorities of the Ministry of Finance

The Ministry of Finance is responsible for directing and guiding customs authorities to implement export and import procedures for cultural products; coordinating inspections, audits, handling violations, and resolving complaints and reports regarding export and import activities of cultural products.

Article 15. Duties and Authorities of Ministries and Sectors

Within their assigned functions and tasks, ministries and sectors are responsible for coordinating with the Ministry of Culture, Sports and Tourism to uniformly manage state administration over the export and import of cultural products.

Article 16. Inspections and Audits

1. The Ministry of Culture, Sports and Tourism shall audit and inspect the management and issuance of export and import permits for cultural products by individuals and organizations engaged in the export and import of cultural products.

2. The Ministry of Finance shall cooperate with the Ministry of Culture, Sports and Tourism to audit and inspect customs procedures related to the export and import of cultural products according to this Decree and other relevant laws.

3. Ministries and agencies at the ministerial level shall cooperate with the Ministry of Culture, Sports and Tourism to inspect the export, import, and use of cultural products by units under their jurisdiction and sector.

Chapter IV

IMPLEMENTING PROVISIONS

Article 17. Effective Date

1. This Decree takes effect from June 1, 2012.

2. This Decree replaces Decree No. 88/2002/NĐ-CP dated November 7, 2002 of the Government on the management of exports and imports of cultural products not for business purposes.

Article 18. Responsibility for Implementation

1. The Minister of Culture, Sports and Tourism is responsible for guiding the implementation and organizing the enforcement of this Decree.

2. Ministers, heads of agencies at the ministerial level, heads of government agencies, Chairmen of provincial People's Committees directly under the Central Government, and related agencies and organizations are responsible for enforcing this Decree./.