Nghị định 105/2007/NĐ-CP về hoạt động in các sản phẩm không phải là xuất bản phẩm

DECREE

ON PRINTING OF NON-PUBLICATION PRODUCTS

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on
At the proposal of the Minister of Culture and Information,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation and subjects of application

1. This Decree provides for printing activities

(covering pre-press, press and post-press processing) and photocopying activities for business puiposes.

2. This Decree applies to Vietnamese and foreign organizations and individuals engaged in one of the activities prescribed in Clause 1 ofthis Article. When treaties to which Vietnam is a contracting party otherwise provide for, those treaties prevail.

Article 2.- Printing establishments and printed products

1. Printing establishments prescribed in this Decree are organizations and individuals engaged in printing or photocopying activities specified in Clause 1, Article 1 of this Decree.

Agencies' and organizations' sections in charge of typesetting, printing and photocopying for duplicating internal official letters, papers, and documents for non-business purposes are not printing establishments, but heads of those agencies and organizations shall take responsibility for all activities of these sections according to law.

2. Printed products prescribed in this Decree are made on different materials with printing equipment and exclude publications, banknotes, commercial papers, invoices and checks.

Article 3.- Incentive policies for printing activities

The State's incentive policies for printing activities include:

1. To support investment in the application of advanced technologies and techniques in the printing domain; to support investment in printing establishments performing political, defense and security tasks and printing establishments in localities entitled to state investment priority.

2. To support funds for domestic and overseas training in and improvement of professional skills and expertise for printing technology engineers and managers of printing establishments.

Article 4.- Prohibited acts in printing activities

1. Printing press products and anti-counterfeit stamps prescribed at Point a, Clause 3, Article 5 of this Decree without printing permits.

2. Printing products without satisfying printing conditions specified in Article 9 of this Decree; or printing products in excess ofthe quantity specified in printing contracts.

3. Illegally printing or photocopying documents prescribed by law as state secrets or work secrets.

4. Printing or photocopying products banned by

Vietnam law from circulation.

5. Illegally adding, cutting or altering contents of printing samples; illegally selling, modifying or erasing permits of all kinds in printing activities.

Chapter II

PRINTING ACTIVITIES

Article 5.- Conditions for printing activities

1. Printing activities are conditional production and business activities. Organizations and individuals engaged in printing activities shall obtain business registration certificates as prescribed by the Enterprise Law and the Government's Decree No.08/2001/ND-CP of February 22,2001, prescribing security and order conditions for a number of conditional business lines.

2. After obtaining the business registration certificate prescribed in Clause 1 of this Article, if printing establishments print votive papers, they shall register the kind of votive papers to be printed at provincial-level Culture and Information Services of localities where they are located.

3. In addition to the conditions prescribed in Clause 1 of this Article, a printing establishment must satisfy the following conditions:

a/ Having a printing permit when it prints press products and anti-counterfeit stamps;

b/ Possessing written approval of a relevant state management agency when printing such items as identity card; passport; diploma or certificate of the national education system;

c/ Its director or owner is a Vietnamese citizen and registers permanent residence in Vietnam when the printing establishment prints items specified at Points a and b, Clause 3 of this Article.

Article 6.- Dossiers of application for printing permits

1. A printing establishment printing press products and anti-counterfeit stamps shall submit a dossier of application for printing permits to the competent state management agency defined in Clause 1, Article 7 of this Decree.

2. A dossier of application for a printing permit comprises:

a/ An application for a printing permit which clearly indicates the name and address of the applying agency or organization; the printing establishment's address; purposes and main products;

b/A curriculum vitae of the director or owner of the printing establishment enclosed with notarized copies of his/her diplomas and certificates (if any);

c/ Documents proving the availability of the production site; a list of main printing equipment;

d/ A notarized copy of the business registration certificate or the printing establishment formation decision issued by the managing agency;

e/A written commitment to ensuring security and order conditions certified by a competent police office.

Article 7.- Competence to grant printing permits

1. The Publication Department shall take responsibility before the Minister of Culture and Information for the grant of printing permits to printing establishments of central agencies and organizations. Provincial-level Culture and Information Services shall take responsibility before presidents of People's Committees of provinces or centrally- run cities (below referred to as provincial-level People's Committees) for the grant of printing permits to printing establishments oflocal agencies, organizations and individuals.

2. Within seven working days from the date of receipt of valid and complete dossiers, state management agencies in charge ofprinting activities prescribed in Clause 1 of this Article shall grant printing permits; in case of refusal, they shall issue written replies clearly stating the reason.

Article 8.- Supplementation ofprinting functions Printing establishments possessing publication printing permits that wish to print other items specified at Point a, Clause 3, Article 5 of this Decree shall send a written request for change of their printing permits enclosed with their present printing permits to state management agencies in charge of printing activities which have granted these permits. Within seven working days from the date of receipt of printing establishments' written request for change of printing permits, state management agencies in charge of printing activities shall grant new printing permits; in case of refusal, they shall issue written replies clearly stating the reason.

Article 9.- Conditions for accepting printing orders

Printing establishments may only accept printing orders from parties that satisfy the following conditions:

1. For printing of press products: Possessing a press operation permit granted by the Ministry of Culture and Information (presenting the original when placing a printing order for the first time and giving a copy to the printing establishment for archive).

2. For printing of anti-counterfeit stamps and items specified at Point b, Article 5 of this Article: Having printing samples certified by competent state management agencies.

3. For printing of goods labels and packages: Having an appropriate business registration certificate and a letter of reference issued by the production establishment whose name will be printed on the goods label or package. The printing samples must be signed by the head, and affixed with the seal, of the printing-ordering production establishment.For labels of pharmaceutical chemicals and medicines, there must be the registration number issued by the Ministry of Health (the Drug Administration of Vietnam) or a provincial-level Health Service according to its competence.

4. Orders of printed items must be made in the form of economic contracts according to law.

Article 10.- Printing for foreign parties

1. Printing establishments which receive foreign orders for printing foreign products, including votive paper, press, savings certificate, passport, identity card, diploma, certificate and anti-counterfeit stamp, shall submit dossiers of application for permits to print products for foreign parties to competent state management agencies in charge ofprinting activities prescribed in Clause 2 of this Article. A dossier comprises:

a/ An application for a permit to print products for foreign parties which indicates the printing establishment's name; the name and nationality of the ordering foreign organization or individual; the name of product ordered for printing; the printing volume; the export border gate;

b/ Two (02) copies of the printing sample;

c/ A notarized copy of the printing permit or business registration certificate.

2. The Publication Department shall take responsibility before the Minister of Culture and Information for the grant ofpermits to print products for foreign parties to printing establishments of central agencies and organizations; Provincial-level Culture and Information Services shall take responsibility before presidents ofprovincial-level People's Committees for the grant of permits to print products for foreign parties to printing establishments of local agencies, organizations and individuals.

3. Within seven working days from the date of receipt of valid and complete dossiers, the Publication Department or provincial-level Culture and Information Services shall grant permits; in case of refusal, they shall issue written replies clearly stating the reason.

Article 11.- Import of printing equipment

1. The import of printing equipment, except for color photocopiers, does not require permits. Agencies and organizations wishing to import color photocopiers shall submit an import permit application dossier to the Publication Department (the Ministry of Culture and Information).

2. A dossier of application for a permit to import

a color photocopier comprises:

a/ A written request for the import, clearly stating the name of the importing agency or organization, use purposes, and brand and code of the machine;

b/ A copy of the establishment decision or paper certifying the legal person status of the importing agency or organization;

c/ The machine catalogue;

c/ The regulation on machine management and use of the agency or organization.

3. Within seven working days from the date of receipt of valid and complete dossiers, the Publication Department shall grant permits; in case ofrefusal, it shall issue written replies clearly stating the reason.

Article 12.- Registration of printing equipment

1. Agencies and organizations using color photocopiers shall register them at provincial-level Culture and Information Services oflocalities where they are located.

2. When the owner of the registered equipment is changed, the agency or organization taking over the equipment shall re-register it at the provincial- level Culture and Information Service concerned.

3. When liquidating the registered equipment, the agency or organization shall send a report to the management agency where the equipment is registered.

Article 13.- Responsibilities of printing establishments upon changes in printing activities

1. For printing establishments required to have a printing permit:

a/ When the managing agency is changed, split

up or merged or its name or headquarters is changed, the printing establishment shall apply for change of its printing permit in accordance with Articles 6 and

7 of this Decree;

b/ When the director or owner of the printing establishment is changed within seven working days from the date of change, the printing establishment shall submit a supplementary dossier as prescribed at Point b, Clause 2, Article 6 of this Decree to the

printing permit-granting agency.

2. For printing establishments whose operation does not require a permit, when there are changes in the course of operation as specified in Clause 1 ofthis Article, they shall comply with the Enterprise Law.

3. When declaring bankruptcy or dissolution, within seven days from the date of declaring bankruptcy or dissolution, the printing establishment shall return its printing permit to the permit-granting' state management agency.

Chapter III

STATE MANAGEMENT OF PRINTING ACTIVITIES

Article 14.- State management of printing activities

1. The Ministry of Culture and Information shall take responsibility for unified state management of printing activities nationwide. The Publication Department shall assist the Minister of Culture and Information in performing state management ofprinting activities nationwide.

2. Provincial-level People's Committees shall perform state management of printing activities in their localities. Provincial-level Culture and Information Services shall assist presidents of provincial-level People's Committees in performing state management ofprinting activities in their localities.

Article 15.- Contents of state management of printing activities

1. To adopt development master plans and plans for the printing industry.

2. To elaborate and promulgate legal documents and policies on printing activities according to competence or submit them to competent authorities for promulgation.

3. To grant and withdraw printing permits.

4. To conduct training in expertise and professional skills in printing activities.

5. To manage scientific research into and technological application to printing activities.

6. To manage international cooperation in printing activities.

7. To inspect, oversee, settle complaints and denunciations and handle violations in, printing activities.

8. To perform commendation and discipline toward printing activities.

Article 16.- Reporting regime

Printing establishments shall report on their operation at the request of competent state management agencies.

Article 17.- Handling of violations

Organizations and individuals engaged in printing activities that violate the provisions of this Decree shall, depending on the nature and severity of their violations, have their printing of current products or their printing activities terminated or suspended; have their printing permits withdrawn; be disciplined, administratively sanctioned, or examined for penal liability; if causing damage, they shall pay compensations according to law.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 18.- Re-grant of printing permits

Printing establishments required to have a printing permit prescribed at Point a, Clause 3, Article 5 of this Decree which were established and operated prior to the effective date of this Decree shall apply for printing permits.

Article 19.- Implementation effect

This Decree takes effect 15 days after its publication in "CONG BAO."

Article 20.- Responsibilities for implementation

1. Ministers, heads ofministerial-level agencies, heads of government-attached agencies, and presidents of provincial/municipal People's Committees shall implement this Decree.

2. The Ministry of Culture and Information shall guide the implementation of this Decree.

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