Thông tư 48/2006/TT-BVHTT hướng dẫn Nghị định 12/2006/NĐ-CP thi hành Luật thương mại về hoạt động mua bán hàng hóa quốc tế và các hoạt động đại lý, mua, bán, gia công và quá cảnh hàng hóa với nước ngoài do Bộ Văn hóa – Thông tin ban hành

CIRCULAR

GUIDING A NUMBER OF CONTENTS OF THE GOVERNMENT’S DECREE No. 12/2006/ND-CP OF JANUARY 23, 2006, DETAILING THE IMPLEMENTATION OF THE COMMERCIAL LAW REGARDING INTERNATIONAL GOODS PURCHASE AND SALE AND GOODS PURCHASE AND SALE AGENCY, PROCESSING AND TRANSIT WITH FOREIGN COUNTRIES

Pursuant to the Government’s Decree No. 63/2003/ND-CP of June 11, 2003, defining the functions, tasks, powers and organizational structure of the Culture and Information Ministry;
Pursuant to the Government’s Decree No. 12/2006/ND-CP of January 23, 2006, detailing the implementation of the Commercial Law regarding international goods purchase and sale and goods purchase and sale agency, processing and transit with foreign countries,
The Culture and Information Ministry hereby guides the import and export of goods subject to specialized management by the Culture and Information Ministry specified in Appendix No. 1 (Clauses 2 and 3, Section I and Clause 4, Section II) and Appendix No. 03 (Section V) to Decree No. 12/2006/ND-CP as follows:

A. GENERAL PROVISIONS ON MANAGEMENT OF IMPORTS AND EXPORTS SUBJECT TO SPECIALIZED MANAGEMENT BY THE CULTURE AND INFORMATION MINISTRY

1. Imported and exported goods and equipment on the list of goods subject to specialized management by the culture and information branch fall into a particular business domain governed by the Press Law, the Publication Law, the Cultural Heritage Law and other legal documents on culture and information.

2. The import and export of specialized culture and information goods not for commercial purposes (non-commercial goods) shall comply with the Government’s Decree No. 88/2002/ND-CP of November 7, 2002, on management of import and export of cultural products not for commercial purposes.

3. The overseas publication and dissemination of works shall comply with the Government’s Decree No. 72/2000/ND-CP of December 5, 2000, on overseas publication and dissemination of works.

4. The writing and use of HS codes:

4.1. HS codes specified in the List of Imports and Exports promulgated together with the Finance Minister’s Decision No. 82/2003/QD-BTC of June 13, 2003, and the Preferential Import Tariff promulgated together with the Finance Minister’s Decision No. 110/2003/QD-BTC of July 25, 2003, aim to identify names, describe categories and classify headings and subheadings of imports and exports. HS codes in the List of Imports and Exports and the Preferential Import Tariff do not provide for contents of or ownership over goods.

Therefore, the determination of whether specialized culture and information goods with the same HS code (books, newspapers, films, tapes, disks, fine-art works, relics, antiques, etc.) are permitted for or banned from import or export must be based on the verification of contents or ownership over such goods.

4.2. For goods which cannot be determined to belong to which specific HS codes in the Import and Export Tariffs even after their HS codes have been identified, or which have no HS codes, import or export procedures shall be carried out with samples of such goods to be taken for expertise by specialized management agencies in service of HS code-based classification.

4.3. Principles of HS code application:

+ The list of goods subject to the specialized culture and information management shall be given the same HS codes as those specified in the List of Imports and Exports and the Preferential Import Tariff (if such goods have their HS codes).

+ The application of HS codes for determining whether the goods are banned from or permitted for import or export should be based on specific provisions of this Circular.

B. GOODS BANNED FROM IMPORT OR EXPORT AND SUBJECT TO SPECIALIZED MANAGEMENT BY THE CULTURE AND INFORMATION MINISTRY

I. GOODS BANNED FROM EXPORT

1. List of goods banned from export:

(See detailed descriptions of HS codes according to 6-digit and 8-digit subheadings in the enclosed Appendix)

2. Management principles:

2.1. The following objects are banned from export: Relics and antiques under the all-people ownership of political or socio-political organizations; national treasures in any form of ownership:

- Relics, antiques and national treasures under the all-people ownership of political or socio-political organizations must be managed in museums and must not be sold, purchased, exchanged, donated or given as gifts (according to the provisions of Article 43 of the 2001 Cultural Heritage Law).

- Relics, antiques and national treasures must be registered and granted certificates of registration of relics, antiques or national treasures according to the provisions of Article 42 of the Cultural Heritage Law, and Article 23 of the Government’s Decree No. 92/2002/ND-CP of November 11, 2002.

- Certificates of registration of relics, antiques and national treasures shall serve as a basis for identifying their owners and ownership form.

2.2. The following objects are banned from export: Assorted cultural products  banned from dissemination and circulation in Vietnam:

Banned from dissemination and circulation in Vietnam are cultural products which:

- Have contents opposing the State of the Socialist Republic of Vietnam or undermining the great national unity bloc.

- Have contents provoking aggressive war, sowing hatred among nations and peoples, fomenting violence, spreading reactionary ideologies, inciting a depraved and obscene lifestyle, criminal acts, social vices, superstitious practices, and running counter the fine traditions and customs.

- Have contents classified as secrets of the Party and the State; military, security, economic or diplomatic secrets and other secrets specified by law.

- Have information contents which are untruthful, distort historical facts, negate revolutionary achievements, offend the nation, great personalities and national heroes, slander for defamatory purpose agencies, organizations, honor and dignity of citizens.

- Violate the provisions on the ban on dissemination and circulation in Vietnam of the Publication Law, the Press Law, the Cultural Heritage Law, and the Advertisement Ordinance, the provisions on copyright in the Civil Code, the Intellectual Property Law and other provisions of law of the Vietnamese State.

II. Goods banned from import

1. List of goods banned from import:

List of goods banned from import and their HS codes are specified at Point b, Clause 1, Section I, Part B (cultural products banned from dissemination and circulation in Vietnam).

2. Management principles:

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

C. GOODS PERMITTED FOR IMPORT OR EXPORT AND SUBJECT TO SPECIALIZED MANAGEMENT BY THE CULTURAL AND INFORMATION MINISTRY

I. GOODS PERMITTED FOR EXPORT

1. List of goods permitted for export:

(See detailed descriptions of HS codes according to 6-digit and 8-digit subheadings in the enclosed Appendix)

2. Management principles:

2.1. For goods specified at Points a, b and c, Clause 1, Section I, Part C: They are permitted for export by demands. The Culture and Information Ministry shall neither grant export permits nor approve contents, quantities and values of exported products. The export procedures shall be carried out at customs offices.

- Goods specified at Points a and b, Clause 1, Section I, Part C may be exported, provided that they have been permitted for production, dissemination and circulation in Vietnam.

- For export of goods specified at Point c, Clause 1, Section I, Part C, documents proving their clear origin and their owners are required according to the provisions of law.

2.2. For goods specified at Point d, Clause 1, Section I, Part C: When they are exported, the Culture and Information Minister’s permits for carrying relics and antiques abroad granted under the conditions specified in Article 25 of the Government’s Decree No. 92/2002/ND-CP of November 11, 2002, are required.

- A dossier of application for permit for carrying relics or antiques abroad shall comprise:

+ An application, filed with the Culture and Information Minister;

+ The title deed of the former owner;

+ The dossier for registration of relics or antiques (relic or antique registration certificate).

- The agency carrying out permit-granting procedures is the Cultural Heritage Department of the Culture and Information Ministry.

Within 30 working days after receiving complete and valid dossiers, the Culture and Information Minister shall grant permits for carrying relics or antiques abroad. In case of refusal to grant permits, the reasons therefor must be clearly stated in writing.

Permits for carrying relics or antiques abroad granted by the Culture and Information Minister shall serve as a basis for enterprises to carry out export procedures at customs offices.

II. Goods permitted for import

1. List of goods permitted for import:

(See detailed descriptions of HS codes according to 6-digit and 8-digit subheadings in the enclosed Appendix)

2. Management principles:

2.1. Publications of all kinds (books, newspapers, magazines, pictures, photos, calendars, etc.):

a/ For publications being foreign newspapers and magazines: The lists of foreign newspapers and magazines must be approved by the Culture and Information Ministry before importing enterprises carry out the import procedures.

- Permitted importers: Enterprises having the function of importing newspapers and magazines.

- The Culture and Information Ministry shall approve lists of foreign newspapers and magazines for which enterprises having the function of importing newspapers and magazines apply for import permits in the year. Importing enterprises must organize the inspection of contents of such foreign newspapers and magazines before distributing them in the Vietnamese market, ensuring that they do not violate the prohibitions specified in Article 10 of the Press Law, and bear responsibility before law for the contents of newspapers and magazines they import.

- The agency carrying out the procedures for approving lists of foreign newspapers and magazines to be imported: The Press Department of the Culture and Information Ministry.

Within 10 working days after receiving a list of newspapers and magazines requested to be imported, the Press Department shall approve it in writing.

Lists of newspapers and magazines approved by the Press Department shall serve as a basis for enterprises to carry out import procedures at customs offices.

b/ For publications of other kinds (other than newspapers and magazines): The Culture and Information Ministry shall certify lists of publications to be imported before importing enterprises carry out the import procedures.

- Permitted importers of publications: Enterprises having publication import permits granted by the Culture and Information Ministry (the Publication Department).

- Annually, publication-importing establishments must register lists of publications with the Culture and Information Ministry before importing them. Such establishments’ registration lists of publications to be imported shall be made according to Form No. 3 in the Appendix to the Government’s Decree No. 111/2005/ND-CP of August 26, 2005, detailing and guiding the implementation of a number of articles of the Publication Law.

Directors of publication-importing establishments must organize the inspection of contents of imported publications before distributing them in the Vietnamese market, ensuring that they do not violate the prohibitions specified in Article 10 of the Publication Law, and bear responsibility before law for the contents of publications they import.

- The agency carrying out the procedures for certifying lists of publications to be imported: The Publication Department of the Culture and Information Ministry.

Within 7 working days after receiving the valid registration of the lists of publications to be imported, the Publication Department shall certify it in writing.

The registered lists shall be valid until the end of December 31 of the plan year.

Lists of publications to be imported approved by the Publication Department shall serve as a basis for importing enterprises to carry out the import procedures at customs offices.

2.2. Cinematographic works and other audiovisual products recorded in any material:

a/ For cinematographic works (recorded in any material): The Culture and Information Ministry shall approve the contents of such works and the import plans before importing enterprises carry out the import procedures.

- Permitted importers: Enterprises having the function of importing or projecting films.

- A dossier of request for approval of a work’s content comprises:

+ An application of registration for approval of the work’s content;

+ The certificate of copyright and lawful origin of the work (if it is written in a foreign language, a Vietnamese translation thereof is required before it is submitted to a competent authority for approval);

+ A sample of the work requested to be approved for import (if the work’s contents are in a foreign language, a Vietnamese translation thereof is required before such work is submitted to a competent authority for approval);

- The agency carrying out the procedures for approving contents: The Cinematography Department of the Culture and Information Ministry.

Within 7 working days after receiving complete and valid dossiers, the Cinematography Department shall issue written replies on results of approval of works’ contents.

The Cinematography Department’s written approvals of works’ contents shall serve as a basis for importing enterprises to carry out the import procedures at customs offices.

b/ For audiovisual products (recorded in any material) other than cinematographic works: The Culture and Information Ministry shall approve the contents of such products before importing enterprises carry out the import procedures.

- Permitted importers: Enterprises having the function of importing music or theatrical program tapes and disks or audiovisual products of other genres (recorded in any material) other than cinematographic works.

- A dossier for approval of a work’s content comprises:

+ An application for approval of the work’s content;

+ The certificate of copyright and lawful origin of the work (enclosed with the Vietnamese translation thereof);

+ A sample of the work requested to be approved for import (if the work’s contents are in a foreign language, a Vietnamese translation thereof is required before such work is submitted to a competent authority for approval);

- The agency carrying out the procedures for approving contents: The provincial/municipal Culture and Information Services are authorized by the Culture and Information Ministry to approve the contents of works.

Within 7 working days after receiving complete and valid dossiers, the provincial/municipal Culture and Information Services shall issue written replies on results of approval of works’ contents.

Provincial/municipal Culture and Information Services’ written approvals of works’ contents shall serve as a basis for importing enterprises to carry out the import procedures at customs offices.

- Particularly for imported products being audio tapes and disks, video tapes and disks and products recorded on other materials or by other technical devices for use as substitutes for books or book illustrations, the Publication Department shall approve lists of products requested to be imported.

2.3. Plate-making and typesetting systems for special use in printing industry:

- Permitted importers: Enterprises having the function of operating in printing industry or trading in printing equipment.

- Enterprises shall bear responsibility for the quality of products they import, for labor safety and hygiene and environmental protection according to the provisions of Vietnamese law.

Enterprises which satisfy the above-said conditions may carry out the import procedures directly at customs offices.

2.4. Printing machines of all kinds (offset printing machines, flexographic printing machines, letterpress printing machines):

- Permitted importers: Enterprises having the function of operating in the printing industry or trading in printing equipment.

- Enterprises shall bear responsibility for the quality of products they import, for labor safety and hygiene and environmental protection according to the provisions of Vietnamese law.

Enterprises which satisfy the above-said conditions may carry out the import procedures directly at customs offices.

2.5. Color photocopying apparatus:

- Permitted importers: Enterprises having the function of trading in color photocopying apparatus.

- Enterprises shall bear responsibility for the quality of products they import, for labor safety and hygiene and environmental protection according to the provisions of Vietnamese law.

Enterprises which satisfy the above-said conditions may carry out the import procedures directly at customs offices.

Particularly, the import of color photocopying apparatus with HS codes of 9009.11.10 and 9009.11.90 shall comply with the guidance of the Culture and Information Ministry, the Public Security Ministry and the State Bank of Vietnam.

2.6. Satellite television signal receivers (television receive only – TVRO):

- Permitted importers: Enterprises having the function of conducting business in the television domain and already been granted by the Culture and Information Ministry registrations for importing, trading, installing and repairing TVRO equipment or acting as Vietnam-based distribution agents of decoders of foreign television programs.

- Imported signal receivers must be brand-new ones, decoders must have clear origin and programs must be lawfully copyrighted.

- Procedures for granting registrations shall comply with the Prime Minister’s Decision No. 79/2002/QD-TTg of June 18, 2002, on management of the reception of foreign television programs; the Culture and Information Minister’s Decision No. 18/2002/QD-BVHTT of July 29, 2002, promulgating the Regulation on grant of permits for, inspection, examination, and handling of violations in the reception of foreign television programs; and the Culture and Information Minister’s Decision No. 49/2003/QD-BVHTT of August 22, 2003, amending and supplementing Decision No. 18/2002/QD-BVHTT of July 29, 2002;

- The agency granting registrations: the Press Department of the Culture and Information Ministry.

Enterprises which satisfy the above-said conditions shall carry out the import procedures directly at customs offices.

2.7. Videogame machines installed with payout programs and special-use devices for casino games:

- Permitted importers: Enterprises which are granted investment licenses or business registration certificates for prized videogame business under the Prime Minister’s Decision No. 32/2003/QD-TTg of February 27, 2003.

- Imported machines and equipment must:

+ Be brand-new ones and up to sound and image quality standards, and have an appearance suitable with Vietnamese people’s aesthetics.

+ Be accompanied with complete catalogues clearly specifying their functions, designs and loaded programs.

+ Be loaded with programs which have healthy entertainment or recreation contents and do not violate regulations on bans on dissemination and circulation in Vietnam.

+ Have contents of their videogame programs assessed and approved by provincial/municipal Culture and Information Services according to Section III of the Culture and Information Ministry’s Circular No. 08/2000/TT-BVHTT of April 28, 2000.

Enterprises which satisfy the above-said conditions shall carry out the import procedures directly at customs offices.

2.8. Children toys:

- Permitted importers: Enterprises having the appropriate trading function.

- Imported goods must be brand-new ones.

- Imported children toys’ contents, appearances, designs and utilities must neither affect the personality education, nor cause a danger to, or bad impacts on, children’s health, nor violate regulations on bans on dissemination and circulation in Vietnam.

Enterprises which satisfy the above-said conditions shall carry out the import procedures directly at customs offices.

D. IMPLEMENTATION PROVISIONS

This Circular takes effect 15 days after its publication in “CONG BAO” and replaces the Culture and Information Ministry’s Circular No. 29/2001/TT-BVHTT of June 5, 2001, guiding the implementation of the Prime Minister’s Decision No. 46/2001/QD-TTg of April 4, 2001, on management of goods import and export in the 2001-2005 period.

Problems arising in the course of implementation should be promptly reported by concerned state management agencies and entities engaged in import and export of specialized culture and information goods to the Culture and Information Ministry (the Planning and Finance Department) for study and solution.

APPENDIX

LIST OF IMPORTS AND EXPORTS CLASSIFIED ACCORDING TO HS CODES AND SUBJECT TO SPECIALIZED MANAGEMENT BY THE CULTURE AND INFORMATION MINISTRY
(Promulgated together with the Culture and Information Ministry’s Circular No. 48/2006/TT-BVHTT of May 5, 2006)

Notes:

- This List is drawn up in compatibility with the HS codes in the List of Imports and Exports promulgated together with the Finance Minister’s Decision No. 82/2003/QD-BTC of June 13, 2003, and the Preferential Import Tariff promulgated together with the Finance Minister’s Decision No. 110/2003/QD-BTC of July 25, 2003.

- Goods in this List are specified under 4-digit headings, detailed to 6-digit or 8-digit subheadings. In cases where goods items, which have been identified to be under 4-digit headings or 6-digit subheadings, should be detailed to 6-digit or 8-digit subheadings, it is necessary to identify which 8-digit subheadings of such 6-digit subheadings are for these goods items for classification.

For example: According to the above-said List, the goods item of airplane assembly kit is identified to be included in Chapter 95, under 4-digit heading No. 9503, 6-digit subheading No. 9503.20 and 8-digit subheading No. 9503.20.10.

- Detailed headings and subheadings of goods items, which are not yet specified in this List, shall be identified on the basis of Vietnam’s List of Imports and Exports and the goods classification guidance in the Government’s Decree No. 06/2003/ND-CP of January 22, 2003, providing for the classification of imports and exports and the Finance Ministry’s Circular No. 85/2003/TT-BTC of August 29, 2003, guiding the goods classification according to the List of Imports and Exports, and the Preferential Import Tariffs, the Export Tariff and the relevant documents providing for and guiding the goods classification for identification of detailed headings and subheadings of such goods items.

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