Title: Circular 07/2012/TT-BVHTTDL Guiding the Government's Decree 32/2012/ND-CP on the management of the export and import of cultural products for non-commercial purposes

Type: Circular

Issuing Agency: Ministry of Culture, Sports and Tourism

Responsible Agency: Ministry of Culture, Sports and Tourism

Issuing Date: 16-07-2012

 

Cultural products exported without license of culture, sports and tourism agencies as specified in Clause 1, Article 7 of Decree No. 32/2012/ND-CP include:

1. Audio, video tapes and disks of films, recorded magnetic tapes, floppy disks, hard disks, optical disks, and other audio-visual products already recorded with text, sound or image that have been legally published and circulated in Vietnam.

Photographic film, audio, video tapes and disks about individual and household activities.

Paintings, statues and fine-art works that do not violate Article 6 of Decree No. 32/2012/ND-CP, being under lawful ownership of individuals or organizations and other than national relics, antiques and treasures.

Procedures for the assessment of cultural products for export

1. The owners of cultural products that must be assessed before export as prescribed in Clause 2, Article 7 of Decree No. 32/2012/ND-CP shall directly submit one (1) dossier of application for the assessment to a state management agency in charge of culture, sports and tourism prescribed in Article 4 of this Circular, including:

a/ An application for the assessment of the cultural product (made under the from form BM.GD enclosed with this Circular);

b/ The cultural product requested to be assessed;

c/ The original or notarized copy of a license from competent agency to make films foreign countries; or the original or a notarized copy of the Decision on allowing the export of relics or antiques made by Ministry of Culture, Sports and Tourism's (including re-exported relics or antiques);

d/ Relevant documents proving the lawful origin of the relic or antique.

2. The assessment period is 10 working days after the receiving the complete and valid dossier. In special cases, assessing agencies shall decide the assessment period. The Cultural product assessment is a basis for the customs to carry out procedures for exporting cultural products.

Authority to assess exported cultural products

Culture, sports and tourism agencies shall assess exported cultural products in accordance with Article 7 of Decree No. 32/2012/ND-CP as follows:

1. The Department of Cultural product export and import management affiliated to the office of the Ministry of Culture, Sports and Tourism shall carry out procedures for the assessment of cultural products for individuals and organizations at the central level.

2. The Services of culture, sports and tourism, or culture, sports and tourism agencies authorized by the Services of culture, sports and tourism shall carry out procedures for the assessment of cultural products for local individuals and organizations.

Imported cultural products

Movies and TV series specified in Point b, Clause 1, Article 8 of Decree No. 32/2012/ND-CP include films for screening, broadcasting or use as samples to request the approval for dissemination and distribution in the system of cinemas and televisions nationwide or in at least two localities.

Application for the import of cultural products

The documents specified at Point b, Clause 2, Article 9 of Decree No. 32/2012/ND-CP shall be used as follows:

1. Organizations and individuals importing a films for popularizing as prescribed by law must provide the copyright certificates; contracts; and the translation of the film plot.

2. Organizations and individuals importing relics and antiques must provide the certificates or commitment of lawful ownership of such relics or antiques.

3. Organizations and individuals providing services of delivering imported cultural products must provide written authorizations.

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