Legal Document

Title: Circular 28/2014/TT-BVHTTDL Regulation on management of international commodity trading activities under the cultural specialized management of the Ministry of Culture, Sports and Tourism
Type: Circular
Issuing Agency: Ministry of Culture, Sports and Tourism
Responsible Agency: Ministry of Culture, Sports and Tourism
Issuing Date: 31-12-2014

 

Circular No. 28/2014/TT-BVHTTDL provides regulations on activities of international goods trading under the MCST’s specialized supervision of cultural sector.

The Circular applies to Vietnamese entrepreneurs, other organizations, individuals concerning activities of international goods purchase and sale under cultural line management of the MCST as regulated in the Law on Commerce.

This circular defines the import and export of goods items in the domains of culture and cinema, including works of plastic arts, fine arts and photography; cinema works and audiovisual products; kid toys; electronic game machines built in with a prize paying program intended for foreigners and equipment dedicated for casino games.

Particularly, exportation and importation of sporting weapons for sport practices and competitions shall be carried out under the Joint Circular No. 06/2013/TTLT-BVHTTDL-BCA dated October 18, 2013 of the MCST and the Ministry of Public Security regulating equipment, management and use of sporting weapons in sport practices and competitions.

Additionally, the Circular refers to the goods banned from import and export, goods exported under permit, regulations on purchase, sale, and distribution of goods, etc.

Circular No. 28/2014/TT-BVHTTDL takes effect since March 1, 2015 and replace Circular No. 48/2006/TT-BVHTT dated May 5, 2006 and Circular No. 95/2006/TT-BVHTT dated December 6, 2006.

List Measures/Standards

Name Description Status Measures/Standards Measure Class
Goods exported under permits under Ministry of Culture, Sports and Tourism For export of relics, antiques not owned by the State, political or socio-political organizations, the exporter is required to obtain the permit for bringing relics, antiques abroad issued by the Minister of Culture, Sports and Tourism according to the conditions defined in Clause 1, Article 21 of the Government’s Decree No. 98/2010/NĐ-CP dated September 21, 2010 detailing the implementation of a number of articles of the Law on Cultural Heritage and the Law on Amendments and Supplements to a number of articles of the Law on Cultural Heritage. Active Measure Goods
List of goods under cultural line management of the Ministry of Culture, Sports and Tourism Any goods as defined under cultural line management of the Ministry of Culture, Sports and Tourism when being imported or exported must follow the regulations on appraisal and conformity approval and must meet conditions of specific imports and exports according to applicable regulations (tobe stipulated in Circular 28/2014/TT-BVHTTD) Active Measure Goods
Goods banned from export under management of Minister of Culture, Sports and Tourism Goods banned from export 1. Any goods that contain the following information shall be banned from export: a) Inciting people to come out against the Socialist Republic of Vietnam and sabotaging united bloc of the whole people; b) Propaganda to incite violence, war of expansion; causing hatred among the peoples; spreading reactionary ideas, culture, obscene and dissolute lifestyles, criminal acts, debaucheries, superstitions going against practices and customs and harming health and ecological environment; c) Information that is not appropriate for ethical, cultural and traditional values of the people; d) Disclosing secrecy of the Communist Party and State, military, security, economy, foreign policy, privacy of individuals and other secrets as defined by the law; dd) Distorting historical truth; denying revolution achievements; hurting the people, great people and national heroes, heroines; slandering and hurting reputation of agencies, organizations and dignity of individuals; 2. Any cultural product that is defined as being banned or suspended from circulation, subject to revocation, confiscation or destruction in Vietnam; 3. Relics, antiques: a) Fossils of humans, animals and plants from the pre-history of Vietnam; b) Antiques made of materials that bear typical values in history, culture and science from prehistoric to early dynastic epoch in Vietnam; c) Documents made from materials that bear values for studies of history, culture and sovereignty of Vietnam, national heroes, famous persons who had positive influence on the development of the country; d) Relics and antiques that bear typical values in history, culture and science from the late Dynastic Epoch; dd) Manuscripts of literary works, originals of plastic art works (painting, graphics, sculpture), photographic works bearing high values in ideas and art forms, exerting pervasive influence on society composed from September 1945 up to now; e) Relics and antiques made from materials that bear values in history, culture and science from the ranked and listed historical - cultural remains and scenic beauties; g) Relics and antiques made from materials that bear typical values in history, culture and science from ethnic minorities throughout the territory of the Socialist Republic of Vietnam manufactured and created before 1975; h) Relics and antiques made from materials that bear typical values in relation to important events and careers of typical revolutionaries, outstanding political and military activists during the establishment of the Communist Party, the Democratic Republic of Vietnam, during the wars of resistance for independence and unification of the country from September 1945 up to now; i) Antiques made from materials that bear typical values in history, culture and science originated from foreign countries (except temporary imports); k) Antiques over 100 years Active Measure Goods
Goods banned from import under management of Minister of Culture, Sports and Tourism Goods banned from import 1. The following goods shall be banned from import: a) Inciting people to come out against the Socialist Republic of Vietnam and sabotaging the united bloc of the whole people; b) Propaganda to incite violence, war of expansion; cause hatred among the peoples; spread reactionary ideas, culture, obscene and dissolute lifestyles, criminal acts, debaucheries, superstitions against practices and customs, harming ecological environmental health; d) Information that discloses secrecy of the Communist Party and State, secrecy of military, security, economy, foreign policy, privacy of individuals and other secrets as defined by the law; dd) Distorting historical truth; denying revolution achievements; hurting the people, great people and national heroes, heroines; slandering and hurting reputation of agencies, organizations and dignity of individuals; c) Information that is not appropriate for ethical, cultural and traditional values of the people; 2. Any cultural product that is defined as being banned or suspended from circulation, subject to revocation, confiscation, destruction or violating the law on copyrights; Active Measure Goods
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