Decree No. 60/2014/NĐ-CP on printing activities

DECREE

Article 24On printing activities

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

At the proposal of the Minister of Information and Communications,

The Government promulgates this Decree on printing activities.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Plate-making, printing, and post-printing processing for publication products shall be carried out in accordance with the laws on publications.

2. This Decree applies to organizations and individuals in Vietnam and foreign organizations and individuals related to printing activities within the territory of Vietnam. Where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise, such treaties shall prevail.

Article 2. Interpretation of Terms

In this Decree, the following terms shall be understood as follows:

1. Plate-making means creating film plates, printing plates, molds for printing, or templates for photocopying.

2. Printing means using technology and equipment to produce printed products.

3. Post-printing processing means using technology, equipment, tools, and technical expertise to perform post-printing work on printed sheets to complete printed products according to templates.

4. Printed products are products created by printing technology and equipment on various types of materials, including:

a) Newspapers, magazines, and other press publications as prescribed by the laws on press;

b) Samples, forms of official documents issued by state agencies;

c) Anti-counterfeiting stamps;

d) Financial invoices, various types of cards, documents with pre-assigned values or used to record values (excluding currency);

e) Packaging, product labels;

h) Other printed products.

8. The head of a printing establishment or a photocopying service establishment is the legal representative whose name is recorded in one of the following certificates: business registration certificate, enterprise registration certificate, investment certificate, or appointment decision by the competent authority for printing establishments or photocopying service establishments that are public service units.

Printing activities are production and business activities subject to conditions. The State has policies on printing activities, including:

1. Encouraging and providing incentives for investment in applying energy-saving, raw material-saving, labor-saving, and environmentally-friendly printing technology, techniques, and equipment; restricting the use, not producing, and importing printing equipment with outdated technology causing environmental pollution.

2. Providing preferential policies on investment, tax, and land rental fees for printing activities serving political tasks, national defense, security, and other important tasks of the country as prescribed by law.

Article 4. Contents of State Management over Printing Activities

1. Building planning, plans, and policies for printing activities.

2. Building and promulgating legal normative documents, standards, and technical regulations in printing activities.

3. Managing training and professional development in printing activities.

4. Managing scientific research and technology application in printing activities.

5. Managing international cooperation in printing activities.

6. Issuing, reissuing, revoking various types of licenses, certificates, and registrations; managing registration and operations of printing establishments and managing declarations and operations of photocopy service establishments in printing activities.

7. Implementing commendation, reward, and disciplinary work in printing activities.

8. Inspecting, supervising, handling complaints and denunciations, and dealing with violations of laws in printing activities.

Article 5. Tasks and Authorities of the Ministry of Information and Communications in Implementing State Management over Printing Activities

The Ministry of Information and Communications assists the Government in uniformly implementing state management over printing activities nationwide, with the following tasks and authorities:

1. Leading and coordinating with relevant agencies to build and promulgate legal normative documents on printing activities within its authority or submit to competent authorities for promulgation; building and promulgating national strategies, plans, and policies for printing activities.

2. Managing and organizing the implementation of scientific research and technology application in printing activities; building and promulgating technical standards and regulations in printing activities; organizing training and professional development in printing activities.

3. Managing and organizing the implementation of international cooperation in the printing sector.

4. Issuing, reissuing, and revoking various types of licenses and certificates; confirming registrations and managing the operations of printing establishments within its authority.

5. Guiding and implementing information reporting, statistics, and issuing uniform forms for use in printing activities.

6. Requesting organizations and individuals to temporarily halt plate-making, printing, and post-printing processing when products show signs of violating the law.

7. Leading and coordinating with related ministries and sectors to establish inter-ministerial organizations at the central level to prevent and combat illegal acts in printing activities and the production of counterfeit goods through such activities.

8. Implementing commendation, reward, and disciplinary work in printing activities according to the provisions of the law.

9. Inspecting, supervising, handling complaints and denunciations, and dealing with violations of laws in printing activities within its authority.

Article 6. Responsibilities of Ministries and Agencies Equivalent to Ministries in Coordinating to Implement State Management over Printing Activities

1. The Ministry of Planning and Investment leads and coordinates with the Ministry of Information and Communications and relevant agencies to promulgate regulations on preferential investment for printing activities as stipulated in Article 3 of this Decree within its authority or submit to competent authorities for promulgation.

2. The Ministry of Finance leads and coordinates with the Ministry of Information and Communications and relevant agencies to promulgate regulations on preferential tax treatment and other payments to the state budget for printing activities within its authority or submit to competent authorities for promulgation; allocating funds from the state budget according to the law to implement the provisions of Article 3 of this Decree.

3. The Ministry of Natural Resources and Environment leads and coordinates with the Ministry of Information and Communications and relevant agencies to manage, guide, inspect, and supervise compliance with environmental protection laws in printing activities.

4. The Ministry of Public Security leads and coordinates with the Ministry of Information and Communications and relevant agencies to carry out state management work to ensure public security and order, and prevent crime in printing activities.

5. The Ministry of Industry and Trade leads and coordinates with the Ministry of Information and Communications and relevant agencies to carry out state management work to regulate the market in printing activities.

6. Other ministries and agencies equivalent to ministries shall coordinate with the Ministry of Information and Communications within their functions, tasks, and authorities to implement state management over printing activities.

Article 7. Tasks and Authorities of the People's Committee in Managing State Administration over Printing Activities

1. The People's Committee of provinces and centrally governed cities (hereinafter referred to as the provincial-level People's Committee) shall manage state administration over printing activities at the local level and have the following tasks and authorities:

a) Issuing planning and development plans for printing activities at the local level within their authority; issuing and guiding the implementation of legal regulations and policies of the State on printing activities at the local level;

b) Guiding and implementing information reporting systems in printing activities;

c) Issuing, reissuing, revoking permits and certificates of registration; managing the operations of printing establishments; directing the management of declaration and operation of photocopy service establishments at the local level within their authority;

d) Establishing inter-sectoral coordination organizations at the local level to prevent and combat violations in printing activities and the exploitation of printing activities to produce counterfeit goods;

đ) Requesting organizations and individuals to temporarily halt plate-making, printing, post-printing processing, and photocopying of printed products when signs of violation of laws are detected;

e) Implementing commendation, reward, and disciplinary work in printing activities at the local level in accordance with the provisions of the law;

g) Inspecting, supervising, handling complaints and denunciations, and dealing with violations of the law in printing activities within their authority.

2. The People's Committee of districts, counties, and towns (hereinafter referred to as the district-level People's Committee) shall manage declarations and operations of photocopy service establishments within their authority.

Article 8. Information Reporting Responsibilities

2. Printing establishments and photocopy service establishments operating under individual business models shall be responsible for submitting ad hoc reports upon request from state administrative management agencies regarding printing activities.

3. Relevant state administrative management agencies shall be responsible for coordinating and providing information to state administrative management agencies regarding printing activities within their scope of duties and authorities when requested.

Article 9. Prohibited Acts

1. Plate-making, printing, post-printing processing, or photocopying of printed products or other documents containing the following contents:

a) Propaganda against the Socialist Republic of Vietnam; undermining the solidarity of the entire people;

b) Propaganda inciting war of aggression, terrorism, separatism, hatred, and division among ethnic groups and peoples; inciting violence; spreading reactionary thoughts, decadent lifestyles, criminal acts, social evils, superstitions, and destruction of traditional customs;

c) Disclosing state secrets, personal privacy, and other secrets as prescribed by law;

2. Operating printing establishments or photocopy service establishments without a printing activity permit, without registering operations, or without declaring operations as stipulated by this Decree.

3. Exploiting plate-making, printing, post-printing processing, and photocopying activities to illegally produce and disseminate printed products containing content violating Clause 1 of this Article; forging official documents of state agencies; directly or indirectly producing counterfeit goods.

4. Engaging in plate-making, printing, post-printing processing, and photocopying activities that violate intellectual property laws or infringe upon the legitimate rights and interests of organizations and individuals.

Article 10. Handling Violations in Printing Activities

1. Organizations that commit acts violating the provisions of this Decree shall be subject to administrative penalties depending on the nature and severity of the violation; if damage is caused, they must compensate according to the provisions of the law.

2. Individuals who commit acts violating the provisions of this Decree shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation; if damage is caused, they must compensate according to the provisions of the law.

3. Organizations and individuals who violate intellectual property laws in printing, prepress, post-printing processing, and photocopying activities shall be handled according to the provisions of the intellectual property laws.

4. Printed products with violations shall be required to correct, recall, confiscate, prohibit circulation, or destroy them depending on the nature and severity of the violations.

5. State management agencies for printing activities shall be responsible for their decisions; in cases where incorrect decisions cause damage, they must compensate according to the provisions of the law.

Chapter II

PRINTING ACTIVITIES

Section 1

PRINTING FACILITIES

Article 11. Conditions for Operating Printing Facilities

1. Printing facilities implementing prepress, printing, and post-printing processing of products specified in Points a, b, c, and d Clause 4 Article 2 of this Decree must meet the following conditions:

a) They must meet the conditions stipulated in Points a, b, c, and d Clause 1 of this Article.

b) They must have a head who is legally residing in Vietnam, having full civil capacity, and holding a college degree or higher in printing or a certificate of training in printing management issued by the Ministry of Information and Communications.

Article 12. Issuance of Printing Operation Licenses

a) Printing facilities under central agencies or organizations must send the application through postal services or deliver it directly to the Ministry of Information and Communications.

b) Printing facilities under localities must send the application through postal services or deliver it directly to the People's Committee of the province.

2. The application for a printing operation license must include the following documents:

a) An application form for a printing operation license as prescribed.

A printing facility granted a printing operation license does not need to register its activities as prescribed in Article 14 of this Decree.

Article 13. Reissuing Printing Business Licenses and Situations for Revoking Printing Business Licenses

1. The reissuance of printing business licenses shall be carried out as follows:

b) The application dossier for reissuing the license includes: An application form for reissuing the license according to the prescribed model; relevant documents proving the changes in the cases stipulated in Point a of this Clause; the printing business license in the case where the license is damaged;

c) Within seven working days from the date of receiving the complete application dossier for reissuing the license, the competent state management agency for printing activities must reissue the license; if the license is not reissued, there must be a written response stating the reasons.

2. The printing business license will be revoked in the following situations:

a) The printing facility does not meet the conditions specified in Clause 1, Article 11 of this Decree during its operation, and the state management agency for printing activities has issued a written request for the printing facility to temporarily suspend operations for thirty days to supplement the required conditions;

c) The printing facility has not operated for over twelve months since the issuance of the printing business license;

d) The printing facility ceases operations or undergoes division, merger, dissolution, or bankruptcy.

Article 14. Registration of Printing Facility Operations

a) For printing facilities under central agencies or organizations, the registration form must be submitted to the Ministry of Information and Communications;

b) For printing facilities located in local areas, the registration form must be submitted to the People's Committee of the province.

Article 15. Responsibilities of Printing Facilities

1. Fulfill all conditions stipulated in Article 11 of this Decree during operation.

2. Implement the contents recorded on the printing activity permit or the registration form for printing activities confirmed by the competent state management agency for printing activities.

4. Update complete information about receiving plate-making, printing, and post-print processing in the "Register for Managing Printed Products Received for Plate-Making, Printing, and Post-Printing Processing" as prescribed by the Minister of Information and Communications.

6. Present files and documents related to the printing facility's operations, printed products, and provide full and truthful explanations upon request from agencies or individuals authorized to perform inspection and supervision tasks as prescribed by law.

7. Participate in training courses and legal knowledge enhancement programs organized by the state management agency for printing activities.

8. Report promptly to the state management agency for printing activities when discovering printed products received for plate-making, printing, and post-print processing containing content violating Clause 1, Article 9 of this Decree.

9. Comply with provisions of this Decree and other relevant laws; the head of the printing facility shall be responsible under the law for the facility’s operations and printed products.

Section 2

Article 16. Conditions for Receiving Plate-Making, Printing, and Post-Print Processing

b) For printed products regulated in Article 22 of this Decree, there must be a printing order form.

a) The sample of the printed product already stamped or signed by the organization or individual placing the print order.

1. A printing contract in accordance with the law or a printing order form as prescribed by the Minister of Information and Communications between the printing facility and the placing entity for plate-making, printing, and post-print processing (including increased quantities for each printed product), specifically as follows:

Printing facilities may only accept plate-making, printing, and post-print processing when the placing entity provides the following types of documents:

1. A certified copy of the press operation license for printed products that are newspapers and magazines.

2. A certified copy of the publication permit for printed products that are news bulletins and other press publications.

2. A certified true copy of the publication permit for the news bulletin, where the product is printed, is the news bulletin and other print press publications.

1. A certified copy of the press operation license for printed products that are newspapers and magazines.

1. The consent document for receiving printing plates, printing, and post-printing processing of identity cards, passports, personal papers, certificates, and diplomas issued by competent authorities for products that are identity cards, passports, personal papers, certificates, and diplomas of the national education system.

2. The consent document for receiving printing plates, printing, and post-printing processing of other samples and forms of paper documents issued by competent state authorities for products that are other samples and forms of paper documents of state agencies.

1. A certified copy of the press operation license for printed products that are newspapers and magazines.

1. For products that are financial invoices, in addition to complying with the provisions of the law on invoices for goods sales and service provision, there must be a certified copy of one of the following certificates:

a) Business registration certificate;

b) Enterprise registration certificate;

c) Investment certificate;

d) Tax registration certificate.

2. For products that are various types of cards and paper documents with pre-existing denominations or used to record denominations, the following must be provided:

a) A certified copy of one of the certificates specified in Points a, b, c, and d of Clause 1 of this Article, proving the suitability of the industry or profession with the product being printed;

b) The consent document for receiving printing plates, printing, and post-printing processing issued by the authority or organization issuing such cards or documents.

Article 20. Receiving printing plates, printing, post-printing processing of counterfeit-resistant labels

1. For counterfeit-resistant labels issued by state agencies, there must be a certified copy of the decision to issue counterfeit-resistant labels.

2. For counterfeit-resistant labels issued by organizations or individuals to protect their products or goods, the following must be provided:

a) The consent document for receiving printing plates, printing, and post-printing processing issued by the organization or individual issuing counterfeit-resistant labels;

1. For products that are packaging and product labels, one of the certificates specified in Points a, b, c, and d of Clause 1 of this Article, proving the suitability of the industry or profession with the product or goods, must be provided.

2. In cases where the product is packaging and product labels for pharmaceuticals, chemical drugs, or medicines, in addition to the provisions of Clause 1 of this Article, there must also be documentation proving the registration number has been granted by the competent state health management authority.

Printing establishments may only accept printing plates, printing, and post-printing processing of products not covered under Articles 17, 18, 19, 20, and 21 from agencies, organizations, or individuals when they meet the conditions stipulated in Points a and c of Clause 2 of Article 16 of this Decree.

The Minister of Information and Communications shall specify the detailed list and conditions for accepting printing plates, printing, and post-printing processing of other printed products in accordance with the laws during each period.

Section 3

PRINTING PLATES, PRINTING, AND POST-PRINTING PROCESSING FOR FOREIGN COUNTRIES

AND COOPERATIVE ACTIVITIES OF PRINTING ESTABLISHMENTS

1. Printing establishments may only accept printing plates, printing, and post-printing processing for foreign organizations or individuals for types of printed products consistent with the content recorded in the printing operation license or confirmed registration activities.

2. The following printed products must be approved by the competent state authority for printing operations when accepting printing plates, printing, and post-printing processing for foreign organizations or individuals:

a) Newspapers, magazines, and other press publications;

b) Samples and forms of paper documents of organizations or institutions;

c) Anti-counterfeiting stamps;

d) Financial invoices, various types of cards, and paper documents with pre-existing denominations or used to record denominations;

đ) Other printed products containing content about politics, history, geography, religion, administrative boundaries of Vietnam.

3. Printing establishments accepting printing plates, printing, and post-printing processing for foreign organizations or individuals for printed products specified in Clause 2 of this Article must submit an application for approval to the Ministry of Information and Communications or the People's Committee of the province.

4. The application for approval includes:

a) An application form for approval according to the prescribed model;

b) Two copies of the sample product for printing plates, printing, and post-printing processing.

5. Within five working days from the date of receipt of complete files, the Ministry of Information and Communications or the People's Committee of the province must issue the approval, and if the approval is not granted, a written response stating the reasons must be provided.

6. Printing establishments bear legal responsibility for printing processed products. Organizations or individuals placing orders for printing plates, printing, and post-printing processing bear responsibility for copyright over the printed products.

7. Processed printed products for foreign organizations or individuals must be exported at 100%; in cases of issuance or use in Vietnam, import procedures must be followed as stipulated by law.

8. The Minister of Information and Communications shall specify the detailed models of application forms and printing processing licenses as stipulated in Point a of Clause 4 and Clause 5 of this Article.

1. After receiving the approval document from the organization or individual with products to be printed, the printing establishment may cooperate with another printing establishment to carry out plate-making, printing, and post-printing processing for each product.

2. The cooperation between printing establishments must be based on a contract in accordance with the provisions of the law, which includes the following basic information:

a) Name of the printed product, finished size;

b) Plate-making, printing, and post-printing processing stages to be cooperated;

c) Quantity of printed products to be cooperated for each stage;

d) Responsibilities of each party in implementing the contract;

đ) Other information (if any).

3. Requirements for printing establishments that cooperate:

a) Possess a printing operation permit or have been confirmed to register operations according to the provisions of this Decree;

b) Only accept cooperation after being provided with complete files and documents related to the printed products as stipulated in Clause 1, Article 33 of the Publishing Law, Articles 17, 18, 19, 20, 21, 22, and 23 of this Decree;

c) Not cooperate with other printing establishments to carry out plate-making, printing, and post-printing processing for printed products they have already accepted cooperation for;

d) Carry out the quantity of printed products specified in the contract as stipulated in Clause 2 of this Article;

đ) Comply with the provisions of Clause 4, Article 35 of the Publishing Law and Article 15 of this Decree.

Section 4

COPIER SERVICES ESTABLISHMENTS

Article 25. Declaration of Copier Services Establishment Operations

1. At least ten days before commencing operations, copier services establishments must declare their activities to the People's Committee at the district level.

2. The declaration of copier services establishment operations shall be carried out in accordance with the following provisions:

b) The declaration form is prepared in two copies according to the prescribed model.

3. Within five working days from the date of any change in the declared information, the copier services establishment must submit the changed information declaration form according to the prescribed model.

4. Within five working days from the date of receipt of the declaration form as prescribed, the People's Committee at the district level has the responsibility to update the information in the declaration form into its database for management purposes.

Article 26. Responsibilities of Copier Services Establishments

1. To declare the operation of copier services establishments in accordance with Article 25 of this Decree.

2. To operate at the location declared.

3. To comply with management requirements of state management agencies.

4. To present relevant files and documents related to the operation of copier services establishments and to provide truthful explanations and reports as required by competent authorities performing inspection and supervision tasks in accordance with the law.

5. To promptly report to state management agencies on printing activities when discovering documents or materials received for copying contain contents violating Clause 1, Article 9 of this Decree.

6. To comply with the provisions of this Decree and other relevant laws; the head of the copier services establishment must bear legal responsibility for the establishment's activities.

Section 5

IMPORT AND MANAGEMENT OF USE OF PRINTING EQUIPMENT

1. The following printing equipment must have a permit from the Ministry of Information and Communications when imported:

d) Color photocopiers, printers with color photocopier functions.

a) Printing establishments;

b) Enterprises with the function of trading in printing equipment according to the provisions of the law;

c) Other agencies and organizations with legal personality permitted to use printing equipment for internal work purposes.

2. Documents for requesting a permit include:

a) A request form for an import permit according to the prescribed model;

b) Catalogues of each type of printing equipment;

An operating permit for printing or a registration declaration for a printing establishment already confirmed according to Clause 5, Article 14 of this Decree for printing establishments specified in Point a, Clause 2, Article 27 of this Decree.

One of the certificates specified in Points a, b, c, and d, Clause 1, Article 19 of this Decree for enterprises specified in Point b, Clause 2, Article 27 of this Decree. Decision on establishment for agencies and organizations specified in Point c, Clause 2, Article 27 of this Decree.

1. Importing in accordance with the contents recorded in the import permit.

2. Not to alter, erase, or transfer the import permit for printing equipment.

3. To comply with the regulations on importing printing equipment stipulated in this Decree, other relevant laws, and bear legal responsibility for the importation of printing equipment.

1. Printing equipment can only be used for production and business when it meets all conditions for printing operations as prescribed by law.

a) Color photocopiers may only be used to serve internal work of agencies and organizations and may not be used for any form of business;

b) Printers with color photocopier functions may only be used for production in printing establishments that meet all conditions for printing operations as prescribed by this Decree.

a) Agencies, organizations, and printing establishments must submit registration documents for color photocopiers and printers with color photocopier functions to the People's Committee of the province before use;

b) Within five working days from the date of receiving all documents, the People's Committee of the province must confirm the registration in writing; if confirmation is not given, a written response stating the reasons must be provided.

Chapter III

IMPLEMENTING PROVISIONS

Article 31. Effective Date

1. This Decree takes effect from November 1, 2014.

2. From the date this Decree takes effect, the following legal regulatory documents shall become invalid:

a) Decree No. 105/2007/NĐ-CP dated June 21, 2007 of the Government on printing non-publishing products;

b) Decree No. 72/2011/NĐ-CP dated August 23, 2011 of the Government amending and supplementing some articles of Decree No. 111/2005/NĐ-CP dated August 26, 2005 of the Government detailing and guiding the implementation of certain articles of the Law on Publishing amended and supplemented by Decree No. 11/2009/NĐ-CP dated February 10, 2009 and Decree No. 105/2007/NĐ-CP dated June 21, 2007 of the Government on printing non-publishing products.

Article 32. Transitional Provisions

2. Printing establishments and photocopier service establishments operating before the date this Decree takes effect must complete procedures to reissue printing operation licenses; complete registration and declaration of operations according to the following provisions:

a) For printing establishments with printing operation licenses, they must complete the procedure to request reissuance of the license no later than November 1, 2015;

b) For printing establishments not required to have printing operation licenses and photocopier service establishments, they must complete registration and declaration of operations no later than November 1, 2015. During the implementation period of Points a and b of this Clause, printing establishments and photocopier service establishments may continue their operations.

3. Printing establishments specified in Clause 2 of this Article must meet the conditions for printing establishment operations, except for the premises condition stipulated in Point c, Clause 1, Article 11 of this Decree.

Article 33. Responsibility for Implementation

1. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities, and related organizations and individuals are responsible for implementing this Decree.

2. The Minister of Information and Communications shall provide detailed regulations and guidance on implementing the Articles, Clauses, and Points assigned in this Decree./.