THE GOVERNMENT
Decree No. 32/2012/ND-CP of April 12, 2012, on
management of the export and import of cultural
products for non-commercial purposes
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the
Government;
Pursuant to the June 29, 2001 Cultural Heritage Law, and the June 18,
2009 Law Amending and Supplementing a Number of Articles of the
Cultural Heritage Law;
Pursuant to the June 29, 2006 Cinematography Law, and the June 18,
2009 Law Amending and Supplementing a Number of Articles of the
Cinematography Law;
At the proposal of the Minister of Culture, Sports and Tourism;
The Government promulgates the Decree on management of the export
and import of cultural products for non-commercial purposes.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
1. This Decree prescribes the management of the export and import of
cultural products for non commercial purposes.
2. This Decree does not regulate the management of the export and import
of publications, newspapers and magazines for non-commercial purposes.
The export and import of publications, newspapers and magazines comply
with the laws on press and publication.
Article 2. Subjects of application
Vietnamese and foreign organizations and individuals (below referred to as
organizations and individuals) that have cultural products exported or
imported for non-commercial purposes.
Article 3. Interpretation of terms
In this Decree, the terms below are construed as follows:
1. Export and import of cultural products for non-commercial purposes
(below referred to as export and import of cultural products) mean
bringing cultural products from Vietnam to foreign countries or from
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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, use as aid, dissemination or for other not-for-profit purposes.
2. Cultural products include:
a/ Audio or video records; films, magnetic tapes, floppy disks, hard disks
and optical disks already recorded; other products of audio-visual
technology already recorded with information in form of scripts, sound or
images;
b/ Plastic art works, applied fine art works, paintings and photos;
c/ Tangible cultural heritages and products related to intangible cultural
heritages.
Article 4. Application of relevant laws and treaties
1. Individuals and organization publicizing and disseminating their works
overseas shall comply with regulations on overseas publication and
disseminations of works.
2. Individuals and organizations exporting or importing cultural products
that are tangible cultural heritages and products related to intangible
cultural heritages shall comply with this Decree, the June 29, 2001
Cultural Heritage Law and the June 18, 2009 Law Amending,
Supplementing a Number of Articles of the Cultural Heritage Law and
guiding documents.
3. Individuals and organizations exporting or importing cultural products
shall comply with the laws on protection of state secrets, intellectual
property and relevant laws.
Article 5. Taxes, fees and charges
Organizations and individuals exporting or importing cultural products
shall pay taxes, fees and charges under the laws on taxes, fees and charges.
Article 6. Cultural products prohibited from export or import
1. It is strictly prohibited to export or import the following cultural
products:
a/ Those with contents opposing to the State of the Socialist Republic of
Vietnam, undermining the entire people’s unity bloc;
b/ Those with contents provoking violence, propagating war of aggression,
sowing hatred among nations and peoples; inciting depraved and obscene
lifestyles and crimes;
c/ Those containing state secrets;
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d/ Those providing untruthful information, distorting the history, negating
revolutionary achievements; offending great personalities and national
heroes; slandering for the purpose of defaming organizations or hurting the
honor and dignity of citizens;
e/ Other types of cultural products banned by law from storing,
dissemination and circulation in Vietnam.
2. When necessary to serve their professional work or research, ministries
or sectors at the central level may import cultural products mentioned in
Clause 1 of this Article. The procedures for such import comply with
Clause 1, Article 8 of this Decree. Heads of importing agencies shall
manage and use these cultural products in strict compliance with law.
Chapter II
PROCEDURES FOR EXPORT AND IMPORT OF CULTURAL
PRODUCTS
Article 7. Export of cultural products
1. Individuals and organizations exporting cultural products which are
lawfully produced, publicized, disseminated and circulated in the
Vietnamese territory do not need a permit of the state agency in charge of
culture, sports and tourism, but shall complete customs procedures under
the customs law, unless otherwise provided by law. When necessary to
assess the contents of such cultural products, the customs office of the
locality in which export procedures are carried out shall consult the
assessment opinions of the Ministry of Culture, Sports and Tourism or the
provincial-level Culture, Sports and Tourism Department of the locality
that has these exported cultural products.
2. The following cultural products must be assessed by state management
agencies in charge of culture, sports and tourism before export: all kinds of
films of agencies, organizations or produced under film making
cooperation services for foreign countries which have not yet been
publicized or disseminated; relics, antiques and national precious objects.
3. State management agencies in charge of culture, sports and tourism shall
assess cultural products at the request of a customs office, or an individual
or organization. Assessment records serve as a basis for carrying out
customs procedures.
Article 8. Competence to license import of cultural products
1. The Ministry of Culture, Sports and Tourism shall license the import of
cultural products in the following cases:
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a/ Cultural products for exchange, cooperation or assistance; participation
in national exhibitions, contests or festivals;
b/ Motion pictures and television films for dissemination or distribution
nationwide or in two or more localities under law;
c/ Relics and antiques for participation in exhibitions or display in
museums;
d/ Cultural products specified in Clause 1, Article 6 of this Decree for
professional work or research of ministries or sectors at the central level,
after obtaining written opinions of related ministries or sectors;
e/ Cultural products for other use purposes nationwide or in different
localities.
2. Provincial-level Culture, Sports and Tourism Departments shall license
the import of cultural products in the following cases:
a/ Cultural products used for works of individuals or organizations in their
localities;
b/ Cultural products being gifts or donations with values exceeding the
duty-free quota specified by law;
c/ Cultural products for participation in exhibitions, contests or festivals;
for circulation or dissemination in their localities;
d/ Relics and antiques of individuals or organizations in their localities;
e/ Cultural products for which import permits are granted authorization by
the Ministry of Culture, Sports and Tourism.
Article 9. Procedures for licensing import of cultural products
1. Individuals and organizations importing cultural products specified in
Article 8 of this Decree shall submit directly or by post their dossiers of
application for import permits to competent state agencies in charge of
culture, sports and tourism.
2. A dossier of application for an import permit comprises:
a/ An individual or organization’s application for an import permit, clearly
stating the type, content, quantity, origin, use purpose and scope of cultural
products (made according to a form issued by the Ministry of Culture,
Sports and Tourism);
b/ Copyright certificate; contract; a summary translation of the film’s
content; written authorization; certificate of or commitment to lawful
ownership of relics or antiques;
c/ Copy of bill of lading or notice of goods arrival (if any).
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3. The dossier-receiving state agency in charge of culture, sports and
tourism shall check the dossier’s validity, issue a receipt and make an
appointment for notifying the result.
4. An individual or organization may receive its permit at the head office
of the state agency in charge of culture, sports and tourism or by post.
5. Individuals and organizations shall provide their imported cultural
products and customs declarations (uncertified copies) for assessment.
Article 10. Permits for import of cultural products
1. The permit form is issued by the Ministry of Culture, Sports and
Tourism.
2. Within 2 working days after receiving a valid dossier, the competent
licensing agency shall grant a permit.
3. In case the Ministry of Culture, Sports and Tourism needs to consult
related ministries or sectors for granting an import permit, the time limit
for licensing may be extended but must not exceed 10 working days.
4. A written reply clearly stating the reason must be issued, in case of
refusal to grant a permit.
5. The time limit for assessment of imported cultural products must not
exceed 12 working days.
Article 11. Customs procedures for import of cultural products
1. The import permit of cultural products granted by a competent state
agency in charge of culture, sports and cultural serves as a basis for
carrying out import procedures.
2. Customs offices shall carry out import procedures for cultural products
in the following cases without requiring a permit of a state agency in
charge of culture, sports and tourism:
a/ Cultural products being documents used at an international seminar or
conference already permitted by a competent Vietnamese agency to be
organized in Vietnam. The permit for such seminar or conference serves as
a basis for carrying out import procedures;
b/ Cultural products with publication, dissemination or publishing permits
of competent sate agencies as prescribed by law;
c/ Cultural products being movable property of individuals or
organizations;
d/ Cultural products being luggage carried along by passengers on entry;
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e/ Cultural products being gifts or donations with values within the dutyfree quota specified by law.
3. When necessary to assess the contents of cultural products mentioned in
Clause 2 of this Article, the customs office of the locality in which export
procedures are carried out shall consult assessment opinions of agencies in
charge of culture, sports and tourism. Assessment records serve as a basis
for carrying out import procedures.
Article 12. Cultural products imported by organizations and individuals
entitled to diplomatic privileges and immunities
Organizations and individuals entitled to diplomatic privileges and
immunities importing cultural products for transfer to Vietnamese
organizations or individuals or for circulation or dissemination in Vietnam
shall fill in the permit-applying procedures at competent states agencies in
charge of culture, sports and tourism under Article 8 of this Decree.
Chapter III
STATE MANAGEMENT RESPONSIBILITIES FOR EXPORT AND
IMPORT OF CULTURAL PRODUCTS
Article 13. Tasks and powers of the Ministry of Culture, Sports and
Tourism
The Ministry of Culture, Sports and Tourism shall assist the Government
in performing the unified state management of export and import of
cultural products for non-commercial purposes and has the following tasks
and powers:
1. To study, formulate and submit to the Government for promulgation, or
to promulgate according to its competence legal documents on the state
management of cultural products, or to guide the order and procedures for
assessment of imported or exported cultural products and related
provisions of this Decree.
2. To examine and grant permits for the export or import of cultural
products according to its competence; to organize the assessment or assess
by itself cultural products at the request of organizations or individuals.
3. To conduct or assume the prime responsibility and coordinate with
related ministries, sectors and localities in, conducting examination and
inspection of the settlement of complaints and denunciations; to handle
violations in the field of export and import of cultural products according
to its competence.
4. To direct, guide and examine the implementation of legal documents on
export and import of cultural products.
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Article 14. Tasks and powers of the Ministry of Finance
The Ministry of Finance shall direct and guide customs offices in carrying
out the procedures for exporting and importing cultural products; examine,
inspect and handle violations, and settle complaints and denunciations
about activities of exporting and importing cultural products.
Article 15. Tasks and powers of ministries and sectors
Within the ambit of their functions, ministries and sectors shall coordinate
with the Ministry of Culture, Sports and Tourism in unifying the state
management of export and import of cultural products.
Article 16. Examination and inspection
1. The Ministry of Culture, Sports and Tourism shall examine and inspect
the management and licensing of export and import of cultural products of
individuals and organizations exporting and importing cultural products.
2. The Ministry of Finance shall coordinate with the Ministry of Culture,
Sports and Tourism in inspecting and examining customs procedures for
export and import of cultural products under this Decree and relevant
regulations.
3. Ministries and ministerial-level agencies shall coordinate with the
Ministry of Culture, Sports and Tourism in examining the export, import
and use of cultural products of units under their management.
Chapter IV
IMPLEMENTATION PROVISIONS
Article 17. Effect
1. This Decree takes effect on June 1, 2012.
2. This Decree replaces the Government’s Decree No. 88/2002/ND-CP of
November 7, 2002, on management of the export and import of cultural
products for non-commercial purposes.
Article 18. Implementation responsibilities
1. The Minister of Culture, Sports and Tourism shall guide and organize
the implementation of this Decree.
2. Ministers, heads of ministerial-level agencies, heads of governmentattached agencies, and chairpersons of provincial-level People’s
Committees and related agencies and organizations shall implement this
Decree.-
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On behalf of the Government
Prime Minister
NGUYEN TAN DUNG
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