Decree No. 88/2002/ND-CP On the management of export and import of cultural goods not for business purposes

DECREE OF THE GOVERNMENT

Regarding the management of cultural goods export and import not for business purposes

export of cultural products not for business purposes

THE GOVERNMENT

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

Pursuant to the Law on Legislative Activities dated November 12, 1996;

To strengthen the effectiveness of state management over the export and import of cultural goods; To meet the needs of expanding cultural exchanges and cooperation, information exchange between Vietnam and other countries, encourage the introduction of Vietnamese culture abroad, preserve and promote the national cultural heritage, selectively absorb advanced world cultures;

Upon the proposal of the Ministry Ministry of Science and Technology of Culture and Information,

DECREE:

PART I

GENERAL PROVISIONS

Article 1Scope of Regulation.

1.This Decree stipulates the management of activities related to the export and import of cultural goods not for business purposes.

Exporting and importing cultural goods not for business purposes (hereinafter referred to as exporting and importing cultural goods) means the act of bringing cultural goods from Vietnam to foreign countries, or bringing them from foreign countries into Vietnam for personal use, gifts, donations, participation in exhibitions, trade fairs, competitions, cooperative exchanges, serving seminars, reunions, aid, or other purposes not for sale or profit.

2.Cultural goods regulated under this Decree include:

a)Books, newspapers, magazines, documents, catalogs, paintings, photographs, posters, calendars, maps;

b)Various types of audio tapes, audio discs, video tapes, video discs; various types of films, magnetic tapes, floppy discs, hard discs, optical discs containing recorded content; other audiovisual products containing information in the form of writing, sound, or images; in the form of writing, sound, or images;

c)Works of fine art.

3.The export and import of cultural goods that are cultural heritages shall be carried out in accordance with the provisions of the Cultural Heritage Law dated June 29, 2001.

Article 2.Applicability.

1.Organizations and individuals in Vietnam, organizations and individuals from foreign countries (hereinafter referred to as organizations and individuals) who have cultural goods for export and import not for business purposes must comply with the provisions of this Decree and other relevant laws. organizations and individuals of Vietnam, organizations and individuals from foreign countries (hereinafter referred to as organizations and individuals) exporting or importing cultural products not for business purposes must comply with the provisions of this Decree and other relevant laws.

2.Organizations and individuals wishing to publish and disseminate works abroad shall comply with the provisions of Government Decree No. 72/2000/NĐ-CP dated December 5, 2000 on publishing and disseminating works abroad. organizations and individuals who wish to publish or disseminate works abroad shall implement according to the provisions of Government Decree No. 72/2000/NĐ-CP dated December 5, 2000 on publishing and disseminating works abroad.

3.In cases where international treaties to which the Socialist Republic of Vietnam is a party contain different provisions from those set forth in this Decree, the provisions of such international treaties shall apply.

Article 3Taxes, Fees, and Charges.

Organizations and individuals exporting or importing cultural goods with high value exceeding the specified threshold exempted from tax (specific limits are defined by the Law on Import and Export Duties) must comply with the tax regulations on import and export duties and pay fees and charges as prescribed by the Law on Fees and Charges.

PART II

MANAGEMENT OF EXPORT AND IMPORT OF CULTURAL GOODS SCLU,U, IMPORT

Article 4.Prohibited Cultural Goods for Export and Import.

1.Strictly prohibited from exporting and importing the following types of cultural goods:

a)Containing content opposing the Socialist Republic of Vietnam, undermining the unity of the entire people; content opposing the Socialist Republic of Vietnam, undermining the unity of the entire people;

b)Containing content inciting violence, propaganda for aggressive war causing hatred among ethnic groups and peoples; inciting obscenity, depravity, crime; content inciting violence, promoting aggressive war causing hatred among ethnic groups and peoples of various countries; inciting obscenity, depravity, crime;

c)Containing content classified as state secrets; content involving state secrets;

d)Containing false information, distorting history, denying revolutionary achievements; insulting great men, national heroes; slandering to defame the reputation of organizations, the honor, and dignity of citizens; content containing false information, distorting history, denying revolutionary achievements; insulting great men, national heroes; slandering to defame the reputation of organizations, the honor, and dignity of citizens;

e)Cultural goods violating Vietnamese laws on advertising; violating the Press Law, the Publishing Law, the Cultural Heritage Law, copyright provisions in the Civil Code, and other Vietnamese laws; Civil Code and other regulations of the Vietnamese State;

f)Other types of cultural goods prohibited from being stored, disseminated, or circulated in Vietnam by law.

2.In special cases, for professional work purposes, research, central ministries and sectors may import cultural goods as specified in Clause 1 of Article 4 of this Decree.The head of the agency importing cultural goods must manage and use them in compliance with the law. The authority to permit imports is stipulated in Clause 1 of Article 8 of this Decree.

The Ministry of Culture and Information shall take the lead and closely coordinate with the Ministry of Public Security and other relevant ministries and sectors in organizing implementation.

The Ministry of Culture, Sports and Tourism shall take the lead and closely coordinate with the Ministry of Public Security and other ministries and sectors related in organizing the implementation.

Article 5Exported Cultural Goods.

Cultural goods not falling within the categories specified in Clause 1 of Article 4 of this Decree when exported do not require a permit from the cultural and information agency, but only need to follow customs procedures as prescribed in Article 7 of this Decree.

Article 6Imported Cultural Goods.

Cultural goods not falling within the categories specified in Clause 1 Pursuant to Article 4 of this Decree, importation must be permitted by the competent state management agency in accordance with the provisions of Article 8 of this Decree.

CHAPTER III

PROCEDURES AND AUTHORITY TO RESOLVE EXPORT AND IMPORT OF CULTURAL PRODUCTS

, Clause 1, Clause 2 Article 7a of this Regulation.Procedures for resolving export of cultural products.

1. Cultural products carried by person, placed in luggage, in packages or in postal parcels, not prohibited under Clause 1 of Article 4 of this Decree, which have been legally published, announced, disseminated, and circulated on the territory of Vietnam when exported do not require permission from the cultural-information agency.

2. For internal-use documents of agencies and organizations when exporting, it must ensure compliance with the provisions of the Ordinance on Protecting State Secrets dated December 28, 2000.

3. The Minister of Finance shall instruct customs authorities to simplify procedures for exporting types of cultural products that are not prohibited according to the Law on Customs dated June 29, 2001 and this Decree. In cases where the content of cultural products needs to be determined, the competent customs authority must request an appraisal from the competent specialized management agency regarding the content of cultural products. Minister of Finance shall instruct customs authorities to simplify procedures for exporting cultural products that are not prohibited under the Customs Law of June 29, 2001 and this Decree. In cases where the content of cultural products needs to be determined, the competent customs authority must request an appraisal from the competent specialized management agency regarding the content of cultural products.

Article 8Authority to issue Import Permit for Cultural Products.

1. The Minister of Culture and Information shall issue an Import Permit for Cultural Products in the following cases:

a) Cultural products specified in Clause 2 of Article 4 of this Decree after receiving written comments from the Minister of Public Security or the Minister of Defense; Minister of Public Security or Minister of National Defense;

b) Cultural products for participating in exhibitions, trade fairs, competitions, festivals at national level, exchange cooperation, assistance; at the National level, exchange cooperation, assistance;

c) Broadcasting films, television programs in accordance with the law; distributing and issuing books, newspapers, magazines nationwide or across multiple regions upon the proposal of the head of the competent central ministry-level agency managing the content of imported cultural products; having state management authority over the content of imported cultural products;

d) Cultural products for other purposes.

2.Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).People's Committees of provinces and centrally-administered cities shall direct and guide the Provincial Departments of Culture and Information to issue Import Permits for cultural products of individuals and organizations in their locality, which do not fall under Clause 1 and Clause 3 of this Article, for the following purposes:

a) Cultural products for serving organizational work or personal use;

b) Cultural products for participating in exhibitions, trade fairs, competitions, festivals; circulating and disseminating locally;

c) Cultural products for other purposes upon the proposal of the head of the provincial-level competent ministry agency managing the content of imported cultural products;

d) Cultural products authorized by theMinistry of Science and Technology Ministry of Culture and Information to issue permits.

3. The Minister of Finance shall instruct customs authorities to simplify procedures for exporting types of cultural products that are not prohibited according to the Law on Customs dated June 29, 2001 and this Decree. In cases where the content of cultural products needs to be determined, the competent customs authority must request an appraisal from the competent specialized management agency regarding the content of cultural products. The Minister of Finance shall instruct customs authorities to handle import procedures for the following cases:

a) Cultural products as materials for international seminars and conferences already approved by the competent Vietnamese authority to be organized in Vietnam; .

b) Cultural products as movable assets of individuals, families, and organizations for serving individuals, families, and organizations; for individuals, families, organizations to serve individuals, families, organizations;

c) Cultural products within the personal baggage allowance of incoming persons for personal living needs;

d) Cultural products as gifts for personal use sent through postal services with a value not exceeding the tax exemption standard prescribed by law.

In cases where the content of imported cultural products needs to be determined, the competent customs authority must request an appraisal from the competent specialized management agencies regarding the content of cultural products.

Article 9. Procedures for Issuing Import Permit for Cultural Products.

1. Organizations and individuals who need to import cultural products as stipulated in Clause 1 and 2 of Article 8 must submit an application file to the competent cultural-information agency in accordance with the provisions of Article 8 of this Decree.

The application file includes:

a) A written application for permit clearly stating the type of cultural product, content, quantity, origin, purpose of use, and scope of use;

b) In cases of importing cultural products for wide dissemination and distribution, the application must be accompanied by a written request from the head of the central government agency (for central organizations) or provincial-level agency (for local organizations and individuals); central level (for central organizations) or provincial level (for local organizations and individuals);

c) If the issuing agency requires an appraisal of the content, the organization or individual applying for the permit is responsible for providing the cultural product for the issuing agency to appraise.

The model of the permit is issued uniformly by theMinistry of Culture and Information throughout the country. The permit issued by the competent cultural-information agency serves as the basis for customs procedures.

2.Organizations and individuals wishing to publish and disseminate works abroad shall comply with the provisions of Government Decree No. 72/2000/NĐ-CP dated December 5, 2000 on publishing and disseminating works abroad. Organizations and individuals who need to bring cultural products into Vietnam as stipulated in Clause 3 of Article 8 of this Decree only need to complete customs procedures in accordance with the Law on Customs.

Article 10.Time limit for issuing Import Permit for Cultural Products.

Within two working days from the date of receipt of a complete and valid application file, the competent issuing agency must issue the permit. In case of refusal to issue the permit or if an extension of time is required, a written explanation of the reasons must be provided, and the maximum extended period shall not exceed ten working days from the date of receipt of the complete application file.

Article 11.Export and import of cultural products by organizations and individuals enjoying diplomatic privileges and immunities.

1.Organizations and individuals in Vietnam, organizations and individuals from foreign countries (hereinafter referred to as organizations and individuals) who have cultural goods for export and import not for business purposes must comply with the provisions of this Decree and other relevant laws. Individuals and organizations enjoying diplomatic privileges and immunities when exporting and importing cultural products for personal use, family use, and use within their agencies and organizations must comply with the provisions of the law on diplomatic privileges and immunities.

2. In cases where organizations and individuals referred to in Clause 1 of this Article import cultural products for transfer to Vietnamese organizations or individuals or for circulation and dissemination in Vietnam, they must apply for permission at the competent cultural-information agency in accordance with the provisions of Article 8 of this Decree.

PART IV

STATE MANAGEMENT NƯỚC FOR EXPORT ACTIVITIES SCLU,U, OF CULTURAL PRODUCTS

Article 12. Duties and powers of theMinistry of Culture and Information.

The Ministry of Culture and Information, as a government agency responsible for state management over export and import activities of cultural products, has the following duties and powers:

1. To study and draft regulations for submission to the Government for promulgation, and to promulgate regulations within its competence concerning the management of export and import activities of cultural products.

2. Conduct inspections, issue Export and Import Permits for cultural products withinthe scope of authority; organize appraisals or cultural product appraisals at therequest of organizations or individuals.

3. Implement or take the lead in coordinating with relevant ministries, sectors, andlocalities to conduct inspections, audits, handle complaints and reports; processviolations related to the export and import of cultural products within thescope of authority.

4. Direct, guide, and inspect the implementation of legal normative documentsregarding the export and import of cultural products.

Article 13.Tasks and powers of the Ministry Finance.

Within its scope of responsibility and authority, the Ministry of Finance directs,guides customs agencies to implement export and import procedures for culturalproducts at border gates; conducts inspections, audits, processes violations,handles complaints and reports regarding the export and import of culturalproducts.

Article 14.Tasks and powers of ministries and sectors.

Within the functions assigned, ministries and sectors have the responsibility tocoordinate with the Ministry of Culture, Sports and Tourism to uniformly managestate administration over the export and import of cultural products.

Article 15.Tasks and powers of Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).provincial people's committees under the central government.

Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).Provincial people's committees under the central government are responsible fordirecting, guiding, inspecting, auditing, processing violations, handlingcomplaints and reports regarding the export and import of cultural productswithin their local management scope.

CHAPTER V

REWARD AND VIOLATION HANDLING

Article 16.Awards.

Organizations and individuals who achieve success in the export and import ofcultural products or who contribute to detecting violations of this Decree shallbe rewarded according to the provisions of the law.

Article 17.Handling violations.

1.Organizations and individuals in Vietnam, organizations and individuals from foreign countries (hereinafter referred to as organizations and individuals) who have cultural goods for export and import not for business purposes must comply with the provisions of this Decree and other relevant laws. Individuals engaged in the export and import of cultural products who violate theprovisions of this Decree shall be subject to administrative penalties accordingto the provisions on administrative penalties in the field of culture andinformation, depending on the nature and degree of violation.

2. Individuals engaged in the export and import of cultural products who violatethe provisions of this Decree shall be subject to administrative penaltiesaccording to the provisions on administrative penalties in the field of cultureand information, or be held criminally liable according to the provisions of thelaw, depending on the nature and degree of violation.

3. Permit issuers, inspectors, and supervisors of the export and import of culturalproducts who violate the provisions of this Decree shall be subject todisciplinary action or criminal liability, if causing damage, they must providecompensation according to the provisions of the law, depending on the nature anddegree of violation.

Article 18.Complaints, reports, and lawsuits in the export and import of cultural products.

1. Individuals have the right to report to state agencies with jurisdiction aboutviolation of laws in the export and import of cultural products.

2.Organizations and individuals wishing to publish and disseminate works abroad shall comply with the provisions of Government Decree No. 72/2000/NĐ-CP dated December 5, 2000 on publishing and disseminating works abroad. Organizations and individuals have the right to complain to individuals or stateagencies with jurisdiction or file a lawsuit with the court regarding decisionsin the export and import of cultural products.

3. The procedures, formalities, and jurisdiction for handling complaints, reports,and lawsuits are implemented according to the provisions of the law.

Chapter VI

IMPLEMENTING PROVISIONS

Article 19. Ministers, Heads of Ministries equivalent to Ministries, Heads of Governmentagencies, Chairpersons of People's Committees of provinces and cities directlyunder the Central Government, Chairman of the Management Board, and theGeneral Director of the Vietnam Social Security are responsible for enforcing thisDecree./.

1. This Decree takes effect thirty days from the date of signature. Decree No.100/CP dated June 1, 1966 of the Council of Ministers on the unification ofmanagement of the export and import of cultural products is abolished.

2.Ministry of Culture, Sports and Tourism shall be responsible for guiding theimplementation of this Decree.

3.Ministries heads, heads of agencies equivalent to ministries, heads of agencies under theGovernment, Chairmen of People's Committees of provinces and centrally-administered cities are responsible for organizing the implementation of thisDecree./.