Decree 32/2012/nd-Cp: Import-Export Management Culture And Not Business Purposes

Original Language Title: Nghị định 32/2012/NĐ-CP: Về quản lý xuất, nhập khẩu văn hóa phẩm không nhằm mục đích kinh doanh

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THE GOVERNMENT.
Numbers: 32 /2012/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, April 12, 2012

DECREE

In terms of export management, import of product culture is not intended for business

_____________________________

Government Law Base December 25, 2001;

Cultural Heritage Law on June 29, 2001; Law amended, supplemalizing some of the provisions of the Cultural Heritage Law June 18, 2009;

The Film Law Base June 29, 2006; The Amendment Law, which adds some of the provisions of the Film Law June 18, 2009;

At the suggestion of the Minister of Culture, Sports and Tourism;

The government issued a decree on export management, importing the non-business purpose,

Chapter I

COMMON RULES

What? 1. The adjustment range

1. This decree provides for the management of export operations, importing non-business to business.

2. This decree does not regulate export management, export export, newspapers, journals, non-business purposes. Export activities, export export, newspapers, magazines, and print articles by law in the press and publishing.

What? 2. Subject applies

Individuals, Vietnamese organizations, individuals, foreign organizations (later known as individuals, organizations) have imported, imported goods not intended for business purposes.

What? 3. Explain words

In this decree, the words below are understood as follows:

1. export activity, importing non-business goods (later called export, import of goods): It is operating from Vietnam abroad, brought from foreign countries into Vietnam through stores, internet or other forms of food. Other than for the culture of goods to use privately, votes, gifts, inheritance, exhibitions, competitions, exchange cooperation, seminars, festivals, aid, popular or other purposes are not commercially profitable.

2. The product text includes:

a) The recordings, the recording; the films, tapes, floppy disks, hard disks, optical discs that record content; other audiobliteration technology products have been written in the form of writing, audio or image;

b) Image creation, application art, painting, photography;

c) Heritage culture and products related to non-object cultural heritage.

What? 4. Apply the relevant laws and international treaties.

1. Personally, the organization of the publication, the dissemination of the work abroad, according to the publication of the publication, disseminacts the work abroad.

2. Individuals, export organizations, import of the product culture as object cultural heritage and products related to the prescribed non-object cultural heritage at this decree and the regulation of the Cultural Heritage Law of June 29, 2001; The Law Amendment, add some of the provisions of the Cultural Heritage Law of 18 June 2009 and the execs of the execs.

3. Individuals, organizations when exporting, importing the culture of the bill must ensure the implementation of laws on the protection of state secrets, law on intellectual property and related laws.

What? 5. Tax, fees and fees

Individuals, export organizations, import of the product of the bill must carry out the payment of taxes, fees, fees by the laws of taxes and fees, fees.

What? 6. Culture of the export ban, prohibition of import

1. Serious export prohibition, import of the following types of product texts:

a) There is content against the State of the Socialist Republic of Vietnam, undermining the nation ' s solidarity bloc;

b) There is a violent agitation content, the propaganda of aggression, the hatred of the peoples and the people of the countries; to provoke the fornication, the corruption, the crime;

c) There is a content belonging to the state secret;

d) There is false information, historical distorts, a denial of revolutionary accomplishment; great insults, national heroes; slander to insult the prestige of the organization, honor, citizenship;

Other types of texts that law bans, popular, circulate in Vietnam.

2. In the case of need, the ministries, the central sector in the Central Bureau are importing the prescribed product types at Clause 1 Article to serve in a professional or research professional work. The importation procedure is provided by the provisions of Article 8 of this decree. The head of the body with the imported goods culture must be managed, using the correct use by law.

Chapter II

EXPORT PROCEDURES, IMPORT

What? 7. Export of the product culture

1. Personally, the organization with the export of export products has been produced, published, disseminised and circulated legally on Vietnamese territory when exports do not need the license of the state governing body for culture, sports and tourism, only as customs procedures in accordance with the rules. The law of customs, except for the law of another rule. In the event of the need for the monitoring of the cultural content, the Customs office where the export procedure conducts the designation of the Ministry of Culture, Sports and Tourism or the Department of Culture, Sports and Tourism where the publication of the publication is exported.

2. The products of the subculture below must be governed by the state governing body of culture, sports and tourism before export: The films of the agencies, organizations or films that provide film services to foreign films have not yet been published, popular in the United States. variable; animal, antiquities, national conservation.

3. The state governing body for culture, sports and tourism is responsible for the monitoring of the export of the exported goods on the recommendation of the Customs and individualized agency, the organization. The border is the basis for the customs authority to resolve the export procedure.

What? 8. Authorizing authorization to import stationbook

1. Ministry of Culture, Sports and Tourism granted the import of the product text in the following circumstances:

a) Letters to exchange cooperation, aid; participation in exhibition, project, festival at the national level;

b) The film, television series to be popular, released in accordance with the rule of law throughout the country or on the two-local table returns;

c) The animal, artifacts for exhibition or display in the museum;

d) The provisions of the provisions stipulate at 1 Article 6 This decree to serve in the professional or research professional work of the ministries, the industry in the Central, after applying for a written opinion of the Ministry, the relevant sector;

The stationing for use or other purposes throughout the country or on various local tables.

2. The Department of Culture, Sports and Tourism issued a license to import the goods culture to the individual, local organization in the following cases:

a) Culture to serve the work of the individual, organization locally;

b) The bill is a gift, giving a value that exceeds the standard tax-free standard under the rule of law;

c) Letters to participate in the exhibition, attend competitions, festivals; circulate, popular locally;

d) The animal, the artifact of the individual, the local organization;

It is licensed by the Ministry of Culture, Sports and Tourism.

What? 9. The procedure of licensing the import of the product culture

1. Individuals, the organization of importing the goods culture in the prescribed cases at Article 8 This decree file a proposal to grant a license via the post or directly at the headquarters of the state governing body of culture, sports and tourism that has jurisdiction over the rules. Oh,

2. File recommended license issued (01 sets):

a) The application to grant a personal license, organization, which notes the type of cultural, content, quantity, origin, purpose of use and scope of use (the form of form issued by the Ministry of Culture, Sports and Tourism in the country);

b) The certificate of authorship copyright; contract; the translation of the content of the film; the authorization paper; the certificate or commitment of legal possession to the relics, artifacts;

c) The copy of the order or the notice license (if any).

3. The state governing body for culture, sports, and tourism reception must be responsible for examining the validity of the records, writing receipt and appointment time.

4. Personally, the organization receives a license at the headquarters of the state governing body for culture, sports and tourism or through the post office.

5. Personally, the organization is responsible for the provision of imported goods and customs records (copies do not require a certificate) to grant the licensing of the license.

What? 10. Cultural entry license

1. The license template issued by the Ministry of Culture, Sports and Tourism Board Uniform in the country.

2. In the 2-day period of work, since receiving enough valid records, the authorities have the authority to license the license.

3. The case of the Ministry of Culture, Sports and Tourism needs the opinions of the ministries, the relevant sector to decide on the licensing of the import, the licensing deadline may last but maximum not more than 10 working days.

4. The case of not issuing a license must have a text stating the reason.

5. The period of the maximum import of imported goods is no more than 12 days of work.

What? 11. Customs on Immigration Culture

1. The license to import the stationing of the state governing body for culture, sports and tourism has jurisdiction to be the base for the Customs agency to make the importation procedure.

2. Customs Enforcement on the basis of the import of the chemical culture to the following cases does not need the license of the state governing body for culture, sports and tourism:

a) The bill is the document serving the workshop, the international conference that has been granted by the Vietnamese authority to allow the organization in Vietnam. The text allows the organization to be held, the international conference is the basis for the Customs agency to resolve the import procedure;

b) The publication of the book has been published, disseminized, issued by the competent authorities under the rule of the law of Vietnam;

c) The stationing is the moving property of the individual, organization;

d) The product of the baggage carried by the person of the entry;

The bill is a gift, giving a value to the tax-free standard under the rule of law.

3. In case of the need to monitor the contents of the product text at paragraph 2 This, the Customs body where the importation procedure conducts the regulatory referendum of the state governing body for culture, sports and tourism. The executive order is the base for the Customs Service to resolve the import procedure.

What? 12. Personal import culture, the organization is entitled to preferable diplomatic immunity from China.

Personally, the organization enjoys preferable diplomatic immunity to the transfer of goods to the individual, Vietnamese organization or circulation, which is common in Vietnam to serve as a proposed procedure for importing permits at the state governing body of culture. Sports and tourism has jurisdiction under Article 8 of this decree.

Chapter III

RESPONSIBILITY FOR THE MANAGEMENT OF THE STATE FOR EXPORT OPERATIONS, IMPORTING FOOD CULTURE.

What? 13. The mission and the powers of the Ministry of Culture, Sports and Tourism

The Ministry of Culture, Sports and Tourism is the body that helps the Government to unify the state in terms of export, importing non-business culture to the purpose of business and the following powers:

1. Research, drafting of the Government of the Executive Committee and enacted under the jurisdiction of the law of legal law on state management of the culture, guidelines, procedures for the monitoring of the export of export, import and other things, the relevant paragraph. This decree.

2. Check out the license to enter the license of the product according to the jurisdiction; the organization of the organization or the monitoring of the goods of the goods at the request of the individual, the organization.

3. Implementers or presided over, in coordination with the ministries, sectors, localities that are involved in the inspection, the inspection of the complaint, denouncing; the processing of the breach of export, importing the stationing of goods according to the jurisdiction.

4. Directed by, guide, check out the implementation of the legal code of law on exporting activity, import of the product culture.

What? 14. The mission and jurisdiction of the Ministry of Finance

The Ministry of Finance is responsible for directing, instructs the Customs agencies to perform export procedures, import of the product culture; coordinate the inspection, inspection, breach of the breach, resolve the complaint, denounce the activities of the export, import of the product culture.

What? 15. Tasks and powers of ministries, industry

Within the functional range, the mission is delivered, the ministries, the industry in charge of coordination with the Ministry of Culture, Sports and Tourism unified the state in terms of export, importing the culture of goods.

What? 16. Check, Inspector

1. Ministry of Culture, Sports and Tourism, which examines the management, licensing of the export license, imports of the personal product of the individual, the organization of export activities, importing the culture of the goods.

2. The Ministry of Finance is in coordination with the Ministry of Culture, Sports and Inspection Travel, which examines customs procedures on exports, imports of the culture of goods under this Decree and other provisions of the relevant law.

3. Ministers, peer-to-peer agencies in coordination with the Ministry of Culture, Sports and Tourism Check out the export, import, use of the stationing of the units of the industry, the field of management.

Chapter IV

EXECUTION CLAUSE

What? 17.

1. This decree has been in effect since 1 June 2012.

2. This decree replaces the Digital Protocol 88 /2002/NĐ-CP November 7, 2002 The Government of the Management of the Import, Import of Cultural Goods, is not intended for business purposes.

What? 18.

1. The Minister of Culture, Sports and Tourism is responsible for the implementation of the implementation and organization of this decree.

2. Ministers, peer-to-peer agencies, Head of the Government of the Government, Chairman of the People's Committee of the Provinces, the Central City and the agencies, the relevant organization is responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung