Decree 22/2022/ND-CP amending Decree 32/2012/ND-CP on management of export and import of cultural products for non-commercial purposes

DECREE

AMENDING AND SUPPLEMENTING SOME ARTICLES OF DECREE NO 32/2012/ND-CP APRIL 12, 2012 GOVERNMENT ON MANAGEMENT OF EXPORT AND IMPORT OF CULTURAL PRODUCTS FOR NON-BUSINESS PURPOSES

Base Law on Government Organization June 19, 2015; Law amending and supplementing a number of articles of the Law on Government Organization and the Law on Local Government Organization November 22, 2019;

Base Cinema Law June 29, 2006; Law amending and supplementing a number of articles of the Cinema Law June 18, 2009;

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

The Government promulgates a Decree amending and supplementing a number of articles of Decree No 32/2012/ND-CP April 12, 2012 of the Government on management of export and import of cultural products for non-business purposes.

Article 1. Amending and supplementing a number of articles of Decree No 32/2012/ND-CP April 12, 2012 of the Government on management of export and import of cultural products for non-business purposes:

1. Amendments and supplements Article 3 as follows:

“Article 3. Interpretation of terms

In this Decree, the following terms are understood as follows:

1. Activities of exporting and importing cultural products for non-business purposes (hereinafter referred to as exporting and importing cultural products): Are activities of bringing from Vietnam to foreign countries, bringing from foreign countries into Vietnam. Through border gates, the internet or other forms of cultural products for personal use, gifts, donations, inheritance, exhibitions, competitions, exchange cooperation, seminars, festivals, aid, dissemination transform, serve professional work, research or other non-commercial purposes for profit.

2. Cultural products include:

a) Audio and video recordings; types of films; Other audiovisual technology products recorded on materials or digital media in written, audio or visual form (not including audio or video recordings that replace books or illustrate books) and electronic publications specified in Publishing law);

b) Visual works, applied arts, paintings, photography;

c) Tangible cultural heritage and products related to intangible cultural heritage.”

2. Modification Point b Clause 1 Article 8 as follows:

“b) Films for distribution and dissemination according to the provisions of law nationwide.”

3. Additional point e Clause 2 Article 8 as follows:

“e) Films for distribution and dissemination according to the provisions of law imported by local Radio and Television Stations.”

4. Add clause 3 Article 8 as follows:

“The film import licensing agency revokes the film import license when detecting film content that violates prohibited regulations Cinema Law.”

5. Amendments and supplements Point b Clause 2 Article 9 as follows:

“b) Copyright certificate; contract; a summary translation in Vietnamese of the film content and a written commitment to take responsibility for the imported film content that does not violate the provisions of law; authorization letter; certify or commit to legal ownership of relics and antiquities;”

6. Amendments and supplements Clause 5 Article 9 as follows:

“5. Individuals and organizations are responsible for providing imported cultural products and customs declarations (copies do not need to be authenticated) for inspection by the licensing agency.

For imported cultural products that are films: The organization is responsible for providing the imported film copy and customs declaration (submit a certified copy or a copy and present the original for comparison in case of submission). documents in person, submit a certified copy in case of submitting documents by post) within 30 days from the date of obtaining the import license for inspection.

The import licensing agency shall issue a record of inspection and handover of the film based on the dossier and summary of the film's content."

7. Add clause 6 Article 9 as follows:

“6. Individuals who import films for personal use only commit not to violate the prohibition here Cinema Law and use the film in accordance with the law.”

8. Amendments and supplements Clause 2 Article 10 as follows:

"2. Within 02 working days from the date of receipt of complete and valid documents, the licensing authority must issue the license.

For cultural products that are films: Within 03 working days from the date of receipt of complete and valid documents, the licensing authority must issue a license.

9. Amendments and supplements Clause 5 Article 10 as follows:

“5. The maximum time for inspection of imported cultural products is no more than 12 working days.

For cultural products that are films: The film appraisal time is no more than 12 working days from the date the organization provides the film copy.

Article 2. Replace the phrase "Department of Culture, Sports and Tourism" in Decree no 32/2012/ND-CP April 12, 2012 of the Government on management of export and import of cultural products for non-commercial purposes

Replace the phrase “Department of Culture, Sports and Tourism” with “Department of Culture, Sports and Tourism/Department of Culture and Sports” at Clause 1 Article 7.

Article 3. Responsibility for implementation

Ministers, Heads of ministerial-level agencies, Heads of Government agencies, Chairmen of People's Committees of provinces and centrally-run cities and relevant organizations and individuals are responsible for implementing the Decree. this decision.

Article 4. Implementation provisions

1. This Decree takes effect from May 10, 2022.

2. Transitional provisions

For applications for import licenses submitted before the effective date of this Decree but have not been granted a license, continue to comply with the provisions of Decree No. 32/2012/ND-CP April 12, 2012 of the Government on management of export and import of cultural products for non-business purposes.