Circular No. 36/2002/TT-BVHTT guiding the implementation of Government Decree No. 88/2002/NĐ-CP dated November 7, 2002 on the management of export and import of cultural products not for business purposes.

CIRCULAR

Regarding guiding the implementation of Decree No. 88/2002/NĐ-CP dated November 7, 2002 of the Government on the management of export and import of cultural products not for business purposes

Pursuant to Decree No. 88/2002/NĐ-CP dated November 7, 2002 of the Government on the management of export and import of cultural products not for business purposes (hereinafter referred to as Decree No. 88/2002/NĐ-CP), the Minister of Culture and Information guides the implementation of certain points in Decree No. 88/2002/NĐ-CP as follows:

I. GENERAL PROVISIONS

1. Export and import activities of cultural products not for business purposes (hereinafter referred to as export and import of cultural products) as stipulated in Clause 1, Article 1 of Decree No. 88/2002/NĐ-CP include temporary export-reimport and temporary import-reexport of cultural products.

2. The term "works of fine art" as defined in Point c, Clause 2, Article 1 of Decree No. 88/2002/NĐ-CP refers to creative works of fine art that are not mass-produced but made individually with each work having its own distinct value such as paintings, statues, bas-reliefs...

3. Handicraft products are not within the scope of regulation of Decree No. 88/2002/NĐ-CP.

4. Organizations and individuals exporting cultural products that are relics, antiques, national treasures must have a permit from the Minister of Culture and Information or a copy of permission from the Prime Minister according to Article 43 and Article 44 of the Law on Cultural Heritage and Articles 24, 25, and 26, Chapter IV of Decree No. 92/2002/NĐ-CP dated November 11, 2002 of the Government detailing the implementation of certain provisions of the Law on Cultural Heritage.

5. Organizations and individuals exporting cultural products for the purpose of publishing and disseminating works abroad must have a permit from the competent authority according to Decree No. 72/2000/NĐ-CP dated December 5, 2000 of the Government on the publication and dissemination of works abroad.

6. Cultural products produced by foreign journalists in Vietnam when exported must be carried out in accordance with the Regulations on information and press activities of foreign journalists and foreign organizations in Vietnam issued together with Decree No. 67/CP dated October 31, 1996 of the Government.

II. EXPORT AND IMPORT OF CULTURAL PRODUCTS

1. Cultural products for export that do not require a permit from the Ministry of Culture and Information according to Article 5 of Decree No. 88/2002/NĐ-CP include the following types:

a. Books, newspapers, magazines, documents, catalogs, paintings, photographs, posters, calendars, maps that have been published, disseminated, and circulated legally in Vietnam;

b. Audio tapes, audio discs, video tapes, video discs containing various films, magnetic tapes, floppy discs, hard discs, optical discs containing recorded information in the form of text, sound, and images that have been published, disseminated, and circulated legally in Vietnam;

c. Photographs, audio and video tapes containing contents about personal life, family life, tourism, weddings, birthdays, funerals...;

d. Works of fine art permitted to circulate in Vietnam, which are legal property of the exporting organization or individual and are not relics, antiques, or national treasures;

e. Re-exporting cultural products that were legally imported into Vietnam.

2. Cultural products for export falling under the scope of state secrets as stipulated in Clause 2, Article 7 of Decree No. 88/2002/NĐ-CP shall be implemented according to Points 5 and 6 of Circular No. 12/2002/TT-BCA (A11) dated September 13, 2002 of the Ministry of Public Security guiding the implementation of Decree No. 33/2002/NĐ-CP dated March 28, 2002 of the Government detailing the implementation of the State Secrets Protection Ordinance.

3. Individuals and organizations permitted to import cultural products for international conferences and seminars according to Point a, Clause 3, Article 8 of Decree No. 88/2002/NĐ-CP, after completing customs procedures at the customs office, if they wish to disseminate in Vietnam, must obtain permission in writing from the competent cultural authority at the central or local level according to the law.

4. Re-importing cultural products that were legally exported does not require a permit from the competent state agency for culture and information; the procedure is handled at the customs office where the cultural product is re-imported.

5. The competent cultural authority responsible for issuing import permits for cultural products according to Article 9 of Decree No. 88/2002/NĐ-CP is specified as follows:

a. Cases within the authority to issue permits by the Ministry of Culture and Information shall handle the procedures at the Department of Import and Export of Cultural Products under the Ministry of Culture and Information's Office.

b. Cases within the authority to issue permits by the Department of Culture and Information shall handle the procedures at the Department of Culture and Information or the cultural authority authorized by the Department of Culture and Information.

III. IMPLEMENTATION PROVISIONS

1. Specialized inspection agencies in culture and information are responsible for coordinating with relevant agencies to organize inspections, identify, and handle violations within their jurisdiction.

2. Attached to this Circular are the forms for import permits for cultural products of the Ministry of Culture and Information, Departments of Culture and Information, and the application forms for import permits for cultural products to be uniformly used throughout the country.

The form for the import permit of the Ministry of Culture and Information has the code BM.B, the form for the import permit of the Departments of Culture and Information has the code BM.S, and the form for the application for export and import permits for cultural products has the code BM.Đ.

3. Effective Date

This Circular takes effect fifteen days after the date of signature. All previous circulars of the Ministry of Culture and Information regarding the export and import of cultural products not for business purposes that conflict with this Circular are hereby abolished.

4. The Heads of the Office of the Ministry of Culture and Information, the Heads of the Inspection Department of the Ministry of Culture and Information, Directors of the Departments of Culture and Information, and related organizations and individuals are responsible for implementing this Circular.