Circular No. 48/2006/TT-BVHTT guides certain contents prescribed in Decree No. 12/2006/NĐ-CP dated January 23, 2006 of the Government detailing the implementation of the Law on Trade regarding international trade activities and agency, purchase, sale, processing, and transit of goods with foreign countries.

CIRCULAR

Guidelines for certain provisions set forth in Decree No. 12/2006/NĐ-CP

dated January 23, 2006, of the Government detailing the implementation of the Law on Trade regarding international goods trading activities

and related agency, purchase, sale, processing, and transit activities

involving foreign countries

and the transit of goods with foreign countries

____________________

Pursuant to Decree No. 63/2003/NĐ-CP dated June 11, 2003, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Culture and Information;

Pursuant to Decree No. 12/2006/NĐ-CP dated January 23, 2006, of the Government detailing the implementation of the Law on Trade regarding international goods trading activities and agency, purchase, sale, processing, and transit activities involving foreign countries;

The Ministry of Culture and Information guides the implementation of the export and import of goods under its specialized management as specified in Appendix No. 01 (Clause 2, Clause 3 - Section I and Clause 4 - Section II) and Appendix No. 03 (Section V) issued together with Decree No. 12/2006/NĐ-CP, as follows:

A- GENERAL PROVISIONS ON THE MANAGEMENT OF EXPORT AND IMPORT GOODS UNDER THE SPECIALIZED MANAGEMENT OF THE MINISTRY OF CULTURE AND INFORMATION

1. Goods and equipment listed in the specialized cultural and information management directory within the special business sector regulated by laws such as the Press Law, the Publishing Law, the Cultural Heritage Law, and other legal regulations concerning culture and information.

2. For export and import activities of cultural and information goods not for commercial purposes (non-commercial), they shall be carried out according to Decree No. 88/2002/NĐ-CP dated November 7, 2002, of the Government on the management of non-commercial cultural product exports and imports.

3. The publication and dissemination of works abroad shall be conducted according to Decree No. 72/2000/NĐ-CP dated December 5, 2000, of the Government on the publication and dissemination of works abroad.

4. Regarding the marking and use of HS codes:

4.1. HS codes in the Export and Import Goods Directory issued with Decision No. 82/2003/QĐ-BTC dated June 13, 2003, of the Ministry of Finance and in the Preferential Import Tariff Schedule issued with Decision No. 110/2003/QĐ-BTC dated July 25, 2003, of the Ministry of Finance are used to determine the name, description, and classification of export and import goods. HS codes in the Export and Import Goods Directory and the Preferential Import Tariff Schedule do not specify the content or ownership of goods.

Therefore, determining whether cultural and information goods with the same HS code (such as books, newspapers, films, tapes, discs, art works, antiquities, antiques...) are allowed to be exported and imported or are prohibited from being exported and imported must be based on the assessment of the content or ownership of the goods.

4.2. In cases where the HS code of the goods has been determined but it still cannot be determined which HS code the goods belong to in the Export and Import Tariff Schedule (or the goods do not have an HS code), when handling export and import procedures, samples of the goods must be taken to request an appraisal from the specialized management authority for classification according to the HS code.

4.3. On the principle of applying HS codes:

+ The list of goods under the specialized management of the Ministry of Culture and Information shall be recorded according to the correct HS code in the Export and Import Goods Directory and in the Preferential Import Tariff Schedule (if the goods have an HS code).

+ Applying HS codes to determine whether goods are prohibited from export and import or permitted to be exported and imported must be based on specific provisions in this Circular.

B- GOODS PROHIBITED FROM EXPORT AND IMPORT UNDER THE SPECIALIZED MANAGEMENT OF THE MINISTRY OF CULTURE AND INFORMATION

I. GOODS PROHIBITED FROM EXPORT

1. List:

(Detailed HS code descriptions according to subgroups 6 and 8 at the attached appendix)

2. Management principles:

2.1. Prohibited from export: antiquities and antiques belonging to public ownership, ownership of political organizations, political-social organizations; national treasures in all forms of ownership:

- Antiquities, antiques, and national treasures belonging to public ownership, ownership of political organizations, political-social organizations must be managed in museums and may not be bought, sold, exchanged, or given away (as stipulated in Article 43 of the Cultural Heritage Law 2001).

- Antiquities, antiques, and national treasures must be registered and issued with a registration certificate for antiquities, antiques, and national treasures according to Article 42 of the Cultural Heritage Law and Article 23 of Decree No. 92/2002/NĐ-CP dated November 11, 2002, of the Government.

- Based on the registration certificate for antiquities, antiques, and national treasures to determine the owner's type of ownership.

2.2. Prohibited from export: types of cultural products prohibited from circulation and distribution in Vietnam:

Cultural products prohibited from circulation and distribution in Vietnam are cultural products:

- Containing content opposing the Socialist Republic of Vietnam, undermining the unity of the entire Vietnamese people.

- Containing content promoting war propaganda, inciting hatred among ethnic groups and peoples of different countries, inciting violence, spreading reactionary ideas, inciting immoral lifestyles, criminal behavior, social evils, superstition, and destroying traditional customs and morals.

- Containing content classified as secrets of the Party, State, military, security, economy, diplomacy, and other secrets prescribed by law.

- Containing false information, distorting history, denying revolutionary achievements, insulting the nation, great men, national heroes, slandering to defame the reputation of agencies and organizations, and the dignity and personal rights of citizens.

- Cultural products violating the prohibitions on circulation and dissemination in Vietnam as stipulated in the Law on Publishing, the Law on Press, the Law on Cultural Heritage, the Ordinance on Advertising, provisions on copyright in the Civil Code, the Intellectual Property Law, and other relevant laws of the State of Vietnam.

II- PROHIBITED IMPORT GOODS

1. List:

The list of prohibited import goods and HS codes is specified at point b, Clause 1, Section I, Part B (various types of cultural products prohibited from circulation and dissemination in Vietnam).

2. Management principles:

Cultural products prohibited from circulation and dissemination in Vietnam are those specified at point 2.2, Clause 2, Section I, Part B.

C. PERMITTED EXPORT AND IMPORT GOODS UNDER THE SPECIAL MANAGEMENT OF THE MINISTRY OF CULTURE AND INFORMATION.

I. PERMITTED EXPORT GOODS

1. List:

(Detailed HS code descriptions according to subgroups 6 and 8 in the attached Appendix)

2. Management principles:

2.1. For goods listed at points a, b, and c, Clause 1, Section I, Part C: Export is permitted based on demand, without the need for a permit or content approval from the Ministry of Culture and Information. Export procedures are handled at Customs.

- Goods listed at points a and b, Clause 1, Section I, Part C may be exported provided they have been approved for production, dissemination, and circulation in Vietnam.

- Goods listed at point c, Clause 1, Section I, Part C must be accompanied by clear documentation proving their origin and ownership as required by law when exporting.

2.2. For goods listed at point d, Clause 1, Section I, Part C: Export requires a permit for the removal of antiquities and artifacts issued by the Minister of Culture and Information according to the conditions set forth in Article 25 of Decree No. 92/2002/NĐ-CP dated November 11, 2002, of the Government.

- Documents for applying for the permit include:

+ Application letter sent to the Minister of Culture and Information

+ Certificate of ownership from the previous owner

+ Registration file for antiquities and artifacts (registration certificate for antiquities and artifacts)

- Authority responsible for processing the permit: Department of Cultural Heritage under the Ministry of Culture and Information.

Within thirty working days from receiving complete valid documents, the Minister of Culture and Information issues the permit for the removal of antiquities and artifacts. In case of rejection, the reasons must be stated in writing.

The permit for the removal of antiquities and artifacts issued by the Minister of Culture and Information serves as the basis for enterprises to handle export procedures at Customs.

II. PERMITTED IMPORT GOODS

1. List:

(Detailed HS code descriptions according to subgroups 6 and 8 at the attached appendix)

2. Management principles:

2.1. Various types of publications (books, newspapers, magazines, paintings, photographs, calendars):

a) For foreign newspapers and magazines:They must be approved by the Ministry of Culture and Information for a list of newspapers and magazines before enterprises can handle import procedures.

- Entities permitted to import: Enterprises licensed to import newspapers and magazines.

- The Ministry of Culture and Information approves the list of foreign newspapers and magazines proposed for import by enterprises licensed to import newspapers and magazines. Importing enterprises must organize content checks on foreign publications and ensure compliance with prohibitions stipulated in Article 10 of the Law on Press before releasing them to the market and bear legal responsibility for the content of imported publications.

- Authority responsible for processing the approval of lists of foreign newspapers and magazines for import: Press Department under the Ministry of Culture and Information.

Within ten working days from receipt of the list of newspapers and magazines for import, the Press Department issues an approval document.

The approved list of newspapers and magazines will serve as the basis for enterprises to handle import procedures at Customs.

b) For other types of publications (excluding newspapers and magazines):They must be confirmed by the Ministry of Culture and Information for a list of publications to be imported before enterprises can handle import procedures.

- Entities permitted to import publications: Enterprises holding a business license for importing publications issued by the Ministry of Culture and Information (Publishing Department).

Each year, importing entities must submit a registration list of publications to be imported to the Ministry of Culture and Information before importing. The registration list of publications to be imported must follow Model No. 3 of the Appendix issued together with Decree No. 111/2005/NĐ-CP dated August 26, 2005, of the Government detailing and guiding the implementation of certain provisions of the Law on Publishing.

The head of the importing entity must organize content checks on imported publications before releasing them to the market to ensure compliance with prohibitions stipulated in Article 10 of the Law on Publishing and bear legal responsibility for the content of imported publications.

- Authority responsible for processing the confirmation of lists of publications for import: Publishing Department under the Ministry of Culture and Information.

Within seven working days from receipt of a valid registration list of publications for import, the Publishing Department confirms the registration in writing.

The registered list is valid until December 31 of the planning year.

The import list of publications confirmed by the Publishing Department shall serve as the basis for enterprises to handle import procedures at customs.

2.2. Audiovisual works and other audiovisual products recorded on any material:

a) For audiovisual works (recorded on any material): must be approved by the Ministry of Culture - Information for content and import plan before enterprises handle import procedures.

- Authorized importer: Enterprises with the function of importing and screening films.

- Application documents for content approval include:

+ Application form for content review of the work.

+ Copyright certificate and legal origin of the work (if the document is in a foreign language, it must be translated into Vietnamese before submission to the competent authority for approval).

+ Sample of the work proposed for content review for import (if the work contains content in a foreign language, it must be translated into Vietnamese before submission to the competent authority for approval).

- Authority responsible for handling content approval procedures: The Cinema Department under the Ministry of Culture - Information.

Within seven working days from the date of receiving complete and valid application documents, the Cinema Department will issue a document responding to the result of content approval of the work.

The content approval document of the Cinema Department will serve as the basis for enterprises to handle import procedures at customs.

b) For other types of audiovisual products (recorded on any material) that are not audiovisual works: must be approved by the Ministry of Culture - Information for content before enterprises handle import procedures.

- Authorized importer: Enterprises with the function of importing music tapes, stage recordings, or other types of audiovisual products (recorded on any material) that are not audiovisual works.

- Application documents for content approval include:

+ Application form for content review of the product.

+ Copyright certificate and legal origin of the product (accompanied by a Vietnamese translation).

+ Sample of the product proposed for content review for import (if the product contains content in a foreign language, it must be translated into Vietnamese before submission to the competent authority for approval).

- Authority responsible for handling content approval procedures: The Ministry of Culture - Information delegates the Cultural and Information Departments to approve.

Within no more than seven working days from the date of receiving complete and valid application documents, the Cultural and Information Department will issue a document responding to the result of content approval of the product.

The content approval document of the Cultural and Information Department will serve as the basis for enterprises to handle import procedures at customs.

Specifically, for imported products such as sound tapes, video tapes, and other technical materials containing book content or illustrations for books, the Publishing Department will approve the list of products to be imported.

2.3. Specialized printing systems and typesetting equipment:

- Authorized importer: Enterprises with the function of operating in the printing industry or selling printing equipment.

- Enterprises are solely responsible for the quality of the products they import, occupational safety and health, and environmental protection according to Vietnamese laws.

Enterprises meeting the above conditions directly handle import procedures at customs.

2.4. Various types of printing machines (offset printing machines, flexographic printing machines, gravure printing machines):

- Authorized importer: Enterprises with the function of operating in the printing industry or selling printing equipment.

- Enterprises are solely responsible for the quality of the products they import, occupational safety and health, and environmental protection according to Vietnamese laws.

Enterprises meeting the above conditions directly handle import procedures at customs.

2.5. Color photocopiers:

- Authorized importer: Enterprises with the function of selling color photocopiers.

- Enterprises are solely responsible for the quality of the products they import, occupational safety and health, and environmental protection according to Vietnamese laws.

Enterprises meeting the above conditions directly handle import procedures at customs.

Specifically, for color photocopiers with HS code 9009.11.10 and 9009.11.90, the import of these two commodity codes will be carried out according to the guidelines of the joint agencies of the Ministry of Culture - Information, the Ministry of Public Security, and the State Bank of Vietnam.

2.6. Satellite television signal receiving equipment (TVRO):

- Authorized importer: Enterprises with the function of operating in the television business, having been registered by the Ministry of Culture - Information for import, sale, installation, repair of TVRO equipment, or acting as distributors in Vietnam for foreign television program decoders.

- Imported receiving equipment must be brand new, 100%, with clear origin and legal copyright programs.

- Registration procedure: Implemented according to Decision No. 79/2002/QD-TTg dated June 18, 2002, of the Prime Minister on managing the reception of foreign television programs; Decision No. 18/2002/QD-BVHTT dated July 29, 2002, of the Minister of Culture - Information promulgating regulations on issuing permits, inspection, supervision, and handling violations of foreign television program reception; Decision No. 49/2003/QD-BVHTT dated August 22, 2003, of the Minister of Culture - Information amending and supplementing Decision No. 18/2002/QD-BVHTT dated July 29, 2002;

- Authority responsible for registration: The Press Department under the Ministry of Culture - Information.

Enterprises meeting the above conditions directly handle import procedures at customs.

2.7. Electronic game machines with reward programs installed and specialized equipment for casino games:

- Authorized importer: Enterprises that have been granted Investment License or Business Registration Certificate for electronic games with rewards according to Decision No. 32/2003/QD-TTg dated February 27, 2003, of the Prime Minister.

- Imported machines and equipment must ensure:

+ They are brand new, 100%, ensuring quality in sound and image, and suitable appearance for Vietnamese aesthetics.

+ Complete documentation (catalogue) clearly stating the features, design, content, and program installed on the imported machine and equipment.

+ The installed program must have healthy entertainment content and not violate prohibitions on circulation and distribution in Vietnam.

+ The content of the electronic game program must be reviewed and approved by the local Cultural and Information Department according to Section III of Circular No. 08/2000/TT-BVHTT dated April 28, 2000, of the Ministry of Culture - Information.

Enterprises meeting the above conditions directly handle import procedures at customs.

2.8. Children's toys:

- Authorized importer: Enterprises with appropriate business functions.

- Imported goods must be brand new, 100%.

- They must have content, appearance, design, and usage features that are harmless to personality education, not dangerous or harmful to children's health, and not violate prohibitions on circulation and distribution in Vietnam.

Enterprises meeting the above conditions directly handle import procedures at customs.

D- IMPLEMENTING PROVISIONS

This Circular takes effect fifteen days from the date of publication in the Official Gazette and replaces Circular No. 29/2001/TT-BVHTT dated June 5, 2001, issued by the Ministry of Culture and Information guiding the implementation of Decision No. 46/2001/QĐ-TTg dated April 4, 2001, of the Prime Minister on the management of export and import of goods during the period 2001-2005.

In the course of implementation, if there are any difficulties, relevant state management agencies and entities involved in the export and import of specialized cultural goods shall promptly reflect them to the Ministry of Culture and Information (Department of Planning and Finance) for consideration and resolution./.