Circular No. 38/TT-PC guiding the implementation of Decree No. 02/CP dated January 5, 1995 on goods and services prohibited from trade and goods and services subject to conditions for trade in the domestic market.

CIRCULAR

OF THE MINISTRY OF CULTURE AND INFORMATION

GUIDELINES FOR IMPLEMENTING DECREE NO. 02/CP DATED JANUARY 5, 1995 ON PROHIBITED GOODS AND SERVICES IN DOMESTIC TRADE AND CONDITIONAL GOODS AND SERVICES IN DOMESTIC TRADE

BASED ON ARTICLE 4 OF DECREE NO. 02/CP DATED JANUARY 5, 1995 OF THE GOVERNMENT, THE MINISTRY OF CULTURE AND INFORMATION GUIDES THE IMPLEMENTATION OF THE REGULATIONS ON PROHIBITED GOODS AND SERVICES IN DOMESTIC TRADE AND CONDITIONAL GOODS AND SERVICES IN DOMESTIC TRADE AS FOLLOWS:

I. PROHIBITED GOODS AND SERVICES IN THE FIELD OF CULTURE AND INFORMATION INCLUDE:

1. ARTIFACTS WITH HISTORICAL AND CULTURAL VALUE (REFERRED TO AS ANTIQUITIES). ACCORDING TO THE PROVISIONS OF ARTICLE 4 OF THE ORDINANCE ON THE PROTECTION AND USE OF HISTORICAL AND CULTURAL HERITAGES AND SCENIC SPOTS, AND ARTICLE 4 OF DECREE NO. 288/HĐBT DATED DECEMBER 31, 1985 OF THE STATE COUNCIL (NOW THE GOVERNMENT) PROVIDING DETAILED GUIDANCE FOR THE IMPLEMENTATION OF THE ORDINANCE, ALL ANTIQUITIES ARE PROHIBITED FROM BEING TRADED IN ANY FORM; WHEN PERMITTED BY THE STATE TO TRADE SOME ANTIQUITIES THAT ARE NOT PROHIBITED, THE MINISTRY OF CULTURE AND INFORMATION WILL ISSUE GUIDANCE LATER.

2. BOOKS, NEWSPAPERS, MAGAZINES, PHOTOS, POSTERS, CATALOGUES, SINGLE SHEETS, FOLDS, CALENDARS, MAPS, SLIDES, MUSIC SCORES, FLAGS, PROCLAMATIONS, SLOGANS, COUPLES, LETTERS, AUDIO AND VIDEO RECORDINGS, WORKS OF FINE ART, FILM, PHOTOGRAPHY, CONSUMER GOODS WITH CULTURAL CONTENT INCLUDING THE FOLLOWING:

- OPPOSING THE VIETNAMESE STATE; DESTROYING THE UNITY OF THE NATIONAL POPULATION;

- PROMOTING VIOLENCE, WAR OF AGGRESSION CAUSING HATRED BETWEEN NATIONALITIES AND PEOPLES; SPREADING REACTIONARY IDEAS, CULTURES, IMMORAL LIFESTYLES, CRIMINAL ACTS, SOCIAL EVILS, SUPERSTITIONS, AND ACTIONS THAT DESTROY TRADITIONAL CUSTOMS AND SOCIAL ETIQUETTE;

- DISCLOSING SECRETS OF THE PARTY, STATE, MILITARY SECRETS, SECURITY SECRETS, ECONOMIC SECRETS, FOREIGN RELATIONS SECRETS, PERSONAL PRIVACY OF CITIZENS, AND OTHER SECRETS AS PROVIDED BY LAW;

- DISTORTING HISTORY, DENYING REVOLUTIONARY ACHIEVEMENTS, INSULTING NATIONAL HEROES, SLANDERING, AND INSULTING THE REPUTATION OF ORGANIZATIONS, THE HONOR AND PERSONALITY OF CITIZENS.

3. BOOKS, NEWSPAPERS, MAGAZINES, AND OTHER CULTURAL PRODUCTS THAT HAVE BEEN ORDERED TO BE RECALLED, CONFISCATED, PROHIBITED FROM CIRCULATION, AND PUBLISHED WITHOUT LICENSE.

II. CONDITIONAL GOODS AND SERVICES IN THE FIELD OF CULTURE AND INFORMATION INCLUDE:

PRINTING ACTIVITIES AND THE SALE OF PRINTING EQUIPMENT SHALL BE CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF DECREE NO. 79/CP DATED NOVEMBER 6, 1993 OF THE GOVERNMENT PROVIDING DETAILED GUIDANCE FOR THE IMPLEMENTATION OF THE PUBLICATION LAW, SPECIFICALLY AS FOLLOWS:

1. PRINTING AND DUPLICATION FACILITIES OPERATING AS STATE ENTERPRISES SHALL COMPLY WITH THE PROVISIONS OF ARTICLES 16, 19, AND 20.

2. PRINTING AND DUPLICATION FACILITIES OPERATING BY INDIVIDUALS, ORGANIZATIONS, AND HOUSEHOLDS UNDER THE CAPITAL REQUIREMENTS SHALL COMPLY WITH THE PROVISIONS OF ARTICLE 18 OF DECREE NO. 79/CP. ORGANIZATIONS, INDIVIDUALS, AND HOUSEHOLDS WISHING TO ENGAGE IN BUSINESS ACTIVITIES SUCH AS GILDING, RONEO PRINTING, PHOTOCOPYING, SCREEN PRINTING, HANDPRINTING, WOODBLOCK PRINTING, BINDING, PRINTING MATERIALS, MECHANICAL PRODUCTION AND REPAIR IN THE PRINTING INDUSTRY, PRINTING MATERIAL PRODUCTION, AND PRINTING TRAINING MUST BE APPROVED BY THE LOCAL MINISTRY OF CULTURE AND INFORMATION; APPLICATION DOCUMENTS INCLUDE:

- APPLICATION FOR BUSINESS OPERATION (IN ACCORDANCE WITH MODEL NUMBER 5 ATTACHED TO CIRCULAR NO. 38/TT-XB DATED MAY 7, 1994 OF THE MINISTRY OF CULTURE AND INFORMATION GUIDING THE IMPLEMENTATION OF DECREE NO. 79/CP DATED NOVEMBER 6, 1993 OF THE GOVERNMENT PROVIDING DETAILED GUIDANCE FOR THE IMPLEMENTATION OF THE PUBLICATION LAW).

- LIST OF EQUIPMENT.

- CERTIFICATE OF SATISFACTORY CONDITIONS FOR BUSINESS SECURITY ISSUED BY THE LOCAL POLICE AUTHORITY IN ACCORDANCE WITH DECREE NO. 17/CP ON THE MANAGEMENT OF SPECIAL BUSINESS OCCUPATIONS.

- CURRICULUM VITAE OF THE APPLICANT WITH THE ENDORSEMENT OF THE LOCAL PEOPLE'S COMMITTEE.

- AFTER RECEIVING THE COMPLETE APPLICATION, THE LOCAL MINISTRY OF CULTURE AND INFORMATION SHALL ISSUE A CERTIFICATE OF SATISFACTORY CONDITIONS FOR BUSINESS OPERATIONS WITHIN 30 DAYS AT THE LATEST. IF APPROVAL IS DENIED, THE REASON MUST BE EXPLAINED.

AFTER RECEIVING THE CERTIFICATE OF SATISFACTORY CONDITIONS FOR BUSINESS OPERATIONS FROM THE LOCAL MINISTRY OF CULTURE AND INFORMATION, THE APPLICANT MUST COMPLETE THE BUSINESS REGISTRATION PROCEDURES IN ACCORDANCE WITH THE LAWS.