JOINT CIRCULAR No. 45/TTLB-VH-HQ GUIDING THE IMPLEMENTATION OF DIRECTIVE No. 339-CT dated October 22, 1985, OF THE CHAIRMAN OF THE STATE COUNCIL ON THE MANAGEMENT AND USE OF VIDEO RECORDERS AND PRE-RECORDED TAPE

JOINT CIRCULAR

Guidelines for implementing Directive No. 339-CT dated October 22, 1985, issued by the Chairman of the Council of Ministers on the management and use of video recording machines and tapes.

In recent years, the import and export of video recording machines and tapes through non-commercial channels has increased significantly. Many cases have not adhered to the State's regulations. Some central and local sectors, as well as certain individuals, have used these items arbitrarily or traded them secretly to profit from price differences of illegally imported machines and tapes from abroad. This situation has caused numerous negative economic, political, and ideological consequences.

To implement Directive No. 339-CT dated October 22, 1985, issued by the Chairman of the Council of Ministers on the management and use of video recording machines and tapes; Circular No. 89-VH dated April 14, 1986, issued by the Ministry of Culture guiding the implementation of Directive No. 339-CT of the Chairman of the Council of Ministers; based on Directive No. 229-CT dated August 20, 1984, issued by the Chairman of the Council of Ministers on the unified management of the import and export of complete sets of consumer electronic goods; and Directive No. 81-TCHQ/PC dated March 4, 1985, issued by the General Customs Department regarding the conditions for exporting various types of audio and video recording machines, the Ministry of Culture and the General Customs Department hereby stipulate the principles and procedures for the import and export of video recording machines and tapes through non-commercial channels for relevant levels within the cultural sector and customs sector, agencies, organizations (including foreign agencies), central and local authorities, individuals (including foreigners) to follow.

I. SOME GENERAL PROVISIONS

A complete set includes one video recording machine (camera), one video playback machine (video player), and one television receiver (TV). Each individual machine can be a video recording machine, a video playback machine, or a television receiver. Video tapes include recorded tapes and unrecorded tapes. All are subject to unified State management over their import and export, therefore:

1. Only the Radio and Television Committee and the Ministry of Culture are permitted to import video recording machines and tapes according to the annual plan approved by the Council of Ministers for the needs of radio and television agencies, as well as cultural agencies, localities, industries, and other agencies.

2. Vietnamese agencies, organizations, and Vietnamese individuals, foreign agencies, and foreigners residing in Vietnam who bring into Vietnam and take out of Vietnam recorded video tapes must comply with the specific provisions detailed in Parts II and III of this joint circular.

3. Unrecorded tapes, which fall under the category of goods exclusively traded by the State, when imported must be sold to cultural agencies at prices specified in Directive No. 202-HĐBT dated July 10, 1985, issued by the Council of Ministers. They are also prohibited from being exported through non-commercial channels.

4. Any illegal export of video recording machines and tapes will be dealt with according to customs laws and current national laws.

II. SPECIFIC PROVISIONS ON THE IMPORT AND EXPORT THROUGH NON-COMMERCIAL CHANNELS OF VIDEO RECORDING MACHINES AND TAPES

1. Vietnamese agencies, organizations, and Vietnamese individuals, foreign agencies importing video recording machines and exporting/importing recorded video tapes through non-commercial channels must:

a) Submit an application to the Provincial Department of Culture and Information (hereinafter referred to as the provincial level) to request permission to import a complete set or individual machines.

For the export/import of recorded video tapes, they must bring the tapes to the Ministry of Culture or the provincial-level cultural agency for content inspection.

b) After obtaining the cultural agency's permit, they must present it to the provincial-level customs office to obtain a non-commercial import permit for a complete set or individual machines and recorded video tapes; or a non-commercial export permit for recorded video tapes.

The provincial-level customs office, when issuing permits, must retain the cultural agency's permit and clearly note on its own permit that it is "issued following Permit No... dated... month... year 198... of the Provincial Department of Culture and Information."

The provincial-level customs office shall not issue non-commercial import/export permits before receiving the cultural agency's permit. If the cultural agency's permit does not comply with the principles or if there are unclear issues, the provincial-level customs office shall not issue the permit but instead temporarily detain the declared machines and recorded video tapes intended for export or import, and immediately report to the General Customs Department for instructions.

2. Foreigners allowed to enter Vietnam and Vietnamese citizens residing abroad who carry video recording machines and tapes for personal use during their stay in Vietnam shall consider these items as temporary imports and must be re-exported. Upon export, they must match the quantity, brand, model number, and serial number declared upon import. Temporary import and re-export of video recording machines and recorded video tapes are exempt from customs permits, taxes, and customs fees.

For recorded video tapes, they must undergo content inspection by the cultural agency; if the content does not violate the five propaganda discipline rules of the Socialist Republic of Vietnam, they may be used. If the content is unsuitable for Vietnam, the cultural agency will temporarily hold the tapes at the border until the owner leaves Vietnam and then return them.

For international organizations and foreign diplomatic missions in Vietnam, if they are permitted to use unsuitable recorded video tapes, they must comply with Vietnam's regulations on the use of video recording machines and tapes. If the content of the recorded video tapes opposes Vietnam's revolutionary policies, they will be confiscated.

Additionally, they must comply with the following conditions:

a) When entering the country, they must declare clearly and specifically on the import luggage declaration form: brand, model, serial number, country of manufacture, quantity, and content of the recorded video tapes, confirmed by the border customs office.

b) When leaving the country, they must re-export the declared video recording machines and recorded video tapes confirmed by the border customs office on the import luggage declaration form when entering the country.

3. Tourists, experts, foreigners with foreign nationality, and overseas Vietnamese returning to visit their homeland may purchase machines and pre-recorded tapes at state-owned stores in Vietnam for foreign currency (with clear identification of the buyer's name, brand, model number, etc.), and upon departure, they are exempt from taxes and do not need a permit from the Cultural Authority; instead, the Customs Authority will immediately issue an export permit.

For pre-recorded tapes, they must be brought to the Cultural Authority for content inspection, then the Provincial Customs Authority will issue an export permit and seal them, after which the Border Gate Customs Authority will allow their export.

Except for the cases specified in points 2 and 3 above, all exports of complete machines or individual units outside of trade are prohibited.

4. In the case of importing unrecorded tapes without prior permission from the Cultural Authority, full customs procedures must be completed with the Border Gate Customs Authority, and compliance with point 3 of Part I of this Circular must be observed.

5. The Border Gate Customs Authority shall:

a) Allow the importation of complete machines or individual units outside of trade, and the export/import of pre-recorded tapes according to the non-trade import/export permits issued by the Provincial Customs Authority.

b) Allow imports based on export/import permits issued by the Ministry of Foreign Trade for complete machines or individual units, machine components, unrecorded tapes, or the export/import of pre-recorded tapes produced by the Radio and Television Committee and the Ministry of Culture included in the national import/export plan approved by the Council of Ministers.

c) If the goods do not comply with valid permits or if the permits do not adhere to the principles, the Border Gate Customs Authority will not allow export or import, but will prepare a record of temporary detention pending higher authority's decision.

III. CUSTOMS PROCEDURES

Individuals with such goods when exporting or importing must:

1. Fully comply with the customs procedures stipulated in Joint Circular No. 3007-TTLB/VH/HQ dated October 26, 1985, issued by the Ministry of Culture and the General Customs Department.

2. Fully comply with all decisions made by the Border Gate Customs Authority, including:

- Meeting the conditions for import or export;

- Selling excess imported goods beyond the permitted amount (or where the Cultural Authority does not approve import);

- Selling unrecorded tapes to the State;

- Paying duties on non-trade import/export goods if their value exceeds the tax-exempt limit;

- Seizing goods listed in this Circular that have been exported or imported illegally or contrary to State permits.

After completing customs procedures for the import of machines and pre-recorded tapes, the Provincial Customs Authority will issue a "Certificate of Completion of Customs Procedures" for registration with the Cultural Authority.

3. The Provincial Cultural Authority will only consider registering the use of imported complete machines or individual units and pre-recorded tapes based on the "Certificate of Completion of Customs Procedures" issued by the Provincial Customs Authority.

1. The Director of the Finance and Planning Department is responsible for guiding and supervising the implementation of this Circular.

Previous regulations governing non-trade exports and imports of machines and pre-recorded tapes, unrecorded tapes that conflict with this Circular are hereby abolished.