THE GOVERNMENT | SOCIALIST REPUBLIC OF VIETNAM |
No. 22/2022/ND-CP | Hanoi, March 25, 2022 |
DECREE
ON AMENDMENTS TO DECREE NO. 32/2012/ND-CP DATED APRIL 12, 2012 OF THE GOVERNMENT ON THE EXPORT AND IMPORT MANAGEMENT OF CULTURAL PRODUCTS FOR NON-COMMERCIAL PURPOSES
Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law on Amendments to the Law on Organization of the Government and the Law on Organization of the Local Government dated November 22, 2019;
Pursuant to the Law on Cinematography dated June 29, 2006; the Law on Amendments to the Law on Cinematography dated June 18, 2009;
At the request of the Minister of Culture, Sports, and Tourism;
The Government hereby promulgates the Decree on Amendments to Decree No. 32/2012/ND-CP dated April 12, 2012 of the Government on export and import management of cultural products for non-commercial purposes (hereinafter referred to as “Decree No. 32/2012/ND-CP”).
Article 1. Amendments to Decree No. 32/2012/ND-CP:
1. Amendments to Article 3:
“Article 3. Interpretation of terms
For the purpose of this Decree, the following terms shall be construed as follows:
1. Export and import operation of cultural products for non-commercial purposes (hereinafter referred to as export and import of cultural products) mean bringing cultural products from Vietnam to foreign countries or from foreign countries into Vietnam through border gates, via the Internet, or otherwise for personal use, presentation, donation, inheritance, participation in exhibitions or contests, cooperation, exchange, workshops, festivals, aid, dissemination, professional works, research, or for other not for profit or commercial purposes.
2. Cultural products include:
a) Audio or video records; films; other audio-visual technology products recorded on digital materials or media in the form of scripts, sound, or images (excluding audio or video records containing content as substitutes for books or illustrations for books and electronic publications specified in the Law on Publication);
b) Works of graphic depict, applied art, painting, and photography;
c) Tangible cultural heritages and products relating to intangible cultural heritages.”
2. Amendments to Point b Clause 1 Article 8:
“b) Films used for dissemination or distribution nationwide as prescribed by law."
3. Point e is added to Clause 2 Article 8:
“e) Films used for dissemination or distribution nationwide as prescribed by law imported by local radio and television stations.”
4. Clause 3 is added to Article 8:
“The film import licensing agency shall revoke the license to import film when detecting that a film’s content violates regulations of the Law on Cinematography.”
5. Amendments to Point b Clause 2 Article 9:
“b) Copyright certificate; contract; translation of the film’s content summary in Vietnamese, and commitment documents that the content of the film does not violate regulations of the law; letter of authorization; certificate or commitment regarding lawful ownership with respect to relics and antiques;"
6. Amendments to Clause 5 Article 9:
“5. Individuals and organizations shall supply import cultural products and customs declarations (uncertified copies) for licensing agency’s assessment.
Regarding cultural products that are films: Organizations shall provide the imported film and customs declarations (submit certified copies or copies and present the original for comparison in case documents are submitted directly, submit certified copies in case documents are submitted by post) within 30 days after receiving the license to import for assessment.
The import licensing agency shall issue assessment documents and hand over the film based on the document and summary of the film's content."
7. Clause 6 is added to Article 9:
“6. Individuals that import films for personal purposes shall guarantee to not violate regulations of the Law on Cinematography and use such films for purposes prescribed by the law."
8. Amendments to Clause 2 Article 10:
“2. Within 2 working days after receiving a valid dossier, the licensing agency must grant a permit.
Regarding cultural products that are films: Within 3 working days after receiving a valid dossier, the licensing agency must grant a permit."
9. Amendments to Clause 5 Article 10:
“5. The time limit for assessment of import cultural products shall not exceed 12 working days.
Regarding cultural products that are films: The time limit for assessment of a film shall not exceed 12 working days after receiving it."
Article 2. Replacing the phrase “Sở Văn hóa, Thể thao và Du lịch” (Department of Culture, Sports and Tourism) of Decree No. 32/2012/ND-CP
Replace the phrase “Sở Văn hóa, Thể thao và Du lịch” (Department of Culture, Sports and Tourism) with the phrase “Sở Văn hóa, Thể thao và Du lịch/Sở Văn hóa và Thể Thao” (Department of Culture, Sports and Tourism/Department of Culture and Sports) in Clause 1 Article 7.
Article 3. Implementation responsibilities
Ministers, directors of ministerial agencies, directors of Government’s affiliates, chairmen of the People’s Committees of provinces, centrally affiliated cities, and related organizations, individuals shall implement this Decree.
Article 4. Implementation provision
1. This Decree comes into force as of May 10, 2022.
2. Transitional provision
Regarding dossiers of applications for licenses to import sent before this Decree comes into force but have yet to receive permits, continue to comply with regulations of Decree No. 32/2012/ND-CP.
| ON BEHALF OF THE GOVERNMENT |