CIRCULAR

SPECIFYING THE IMPLEMENTATION OF THE GOVERNMENT’S DECREE No. 187/2013/NĐ-CP DATED NOVEMBER 20, 2013 ON EXPORT AND IMPORT OF GOODS IN THE PRINT AND PUBLICATION INDUSTRY

Pursuant to the Law on Publishing dated November 20, 2012;

Pursuant to the Government’s Decree No. 132/2013/NĐ-CP dated October 16, 2013 on defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communications;

Pursuant to the Government’s Decree No. 187/2013/NĐ-CP dated November 20, 2013 on specifying the implementation of the Commerce Law on international commodity trading operations and activities of agents, product purchase, sale, processing and transit in a relationship with partners in foreign countries;

Pursuant to the Government’s Decree No. 195/2013/NĐ-CP dated November 21, 2013 on specifying several articles and implementation of the Law on Publishing;

Pursuant to the Government’s Decree No. 60/2014/NĐ-CP dated June 19, 2014 on stipulating print activities;

Pursuant to the Prime Minister’s Decision No. 41/2005/QĐ-TTg dated March 2, 2005 on promulgating the regulation on granting the permit for import of commodities;

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The Minister of Information and Communications hereby introduce the Circular on specifying the implementation of the Government’s Decree No. 187/2013/NĐ-CP dated November 20, 2013 on export and import of commodities in the print and publication industry.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of application and applicable entities

1. Scope of application:

a) This Circular herein provides for applicable entities, commodity types, statutory standards that should be met, and procedures for export or import of commodities in the print and publication industry under the authority of the Ministry of Information and Communications (hereinafter also referred to as print or publication commodities);

b) Temporary import, re-export, temporary export, re-import and transit of commodities in the print and publication industry shall be governed under the provisions of the Circular No. 05/2014/TT-BTC of the Minister of Industry and Trade dated January 27, 2014 on temporary import, re-export, temporary export, re-import and transit of commodities.

2. Applicable entities:

This Circular shall apply to individual or institutional entities in Vietnam that export or import commodities in the print and publication industry.

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1. Print commodities:

Print commodities, such as equipment, apparatus, parts or components, which have been defined by the HS codes and description, and put under the authority of the Ministry of Information and Communications, shall be classified by headings with the following codes:

a) 84.40;

b) 84.42;

c) 84.43.

2. Publication commodities:

Publication commodities are those which have been defined by the HS codes and description, and put under the authority of the Ministry of Information and Communications, shall be classified by headings with the following codes:

a) 49.01;

b) 4903.00.00 and 4904.00.00;

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d) 4910.00.00;

dd) 49.11.

Article 3. Export of commodities in the print and publication industry

1. The export permit issued by the Ministry of Information and Communications shall not be required to export print and publication commodities stipulated herein.

2. Export of publication products with contents in breach of regulations laid down in Clause 1 Article 10 of the Law on Publishing shall be prohibited in any form.

Chapter II

IMPORT OF PRINT COMMODITIES

Article 4. Entities permitted to import print commodities

1. Print facilities (enterprises, business households, public administrative agencies licensed to carry out print operations or issued the certificate of print facility registration).

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3. Other agencies or organizations having the legal status and permitted to use print equipment for performing internal tasks.

Article 5. Imported print commodities

1. Commodities stipulated in Clause 1 Article 2 hereof which are energy-consuming equipment defined in the List and are required to meet requirements stipulated in the Appendix I enclosed herewith.

2. Commodities stipulated in Clause 1 Article 2 hereof which are non-energy-consuming equipment, and components or parts of commodities which do not require the import permit granted by the Ministry of Information and Communications to be imported.

Article 6. Grant of the permit for import of print commodities

1. Print equipment import organizations stipulated in Article 4 hereof shall prepare 01 set of documents submitted to apply for grant of the import permit by post or in person to the Bureau of Publication. Documentation shall include the followings:

a) The application form for grant of the import permit by following the Form No. 06 given in the Appendix issued together with the Circular No. 03/2015/TT-BTTTT of the Minister of Information And Communications dated March 6, 2015 on specifying and providing guidance on implementation of several articles, clauses of the Government’s Decree No. 60/2014/NĐ-CP dated June 19, 2014 on providing regulations on print operations (hereinafter referred to as the Circular No. 03/2015/TT-BTTTT);

b) The catalogue of each equipment item;

c) The authenticated duplicate or simply the duplicate of the following documents (attach the original copy for verification):

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If the applicant is an enterprise, the Business Registration Certificate or the Enterprise Registration Certificate should be submitted as stipulated in Clause 2 Article 4 hereof;

If the applicant is an agency or organization, the establishment decision should be submitted as stipulated in Clause 3 Article 4 hereof.

2. Within 05 working days from receipt of all valid required documents, the Bureau of Publication shall issue the permit for import of print equipment by following the Form No. 10 given in the Appendix issued together with the Circular No. 03/2015/TT-BTTTT; in case of refusal to issue the permit, the Bureau should send the written response which clearly states the reasons for such refusal.

3. The permit for import of print equipment shall be valid till the clearance completion date.

Chapter III

IMPORT OF PUBLICATION COMMODITIES

Article 7. Entities permitted to import publication commodities

1. The organization issued the licence for publication import activities as stipulated in Article 38 of the Law on Publishing (hereinafter referred to as publication import facility) shall be entitled to import publication products for trading purposes.

2. Vietnamese and foreign entities stipulated in Article 41 of the Law on Publishing shall be entitled to import publication products for non-business purposes.

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1. Import of publication commodities stipulated in Clause 2 Article 2 hereof shall be allowed on condition that they meet requirements stipulated in the Appendix II enclosed herewith.

2. Import of publication commodities with contents in breach of regulations laid down in Clause 1 Article 10 of the Law on Publishing shall be prohibited in any form.

Article 9. Registration and confirmation given to register export of publication products for trading purposes

1. The publication import facility shall send 01 set of documents for registration by post or in person to the Bureau of Publication. If these documents are submitted online, the publication import facility must be issued the digital certificate by the organization providing digital signature authentication service and such submission must be carried out under the instructions given on the website of the Bureau of Publication. Documentation shall include the followings:

a) The registration form by following the Form No. 04 given in the Appendix III issued together with the Circular No. 23/2014/TT-BTTTT of the Minister of Information and Communications dated December 29, 2014 on specifying and providing guidance on implementation of several articles of the Law on Publishing and the Government’s Decree No. 195/2013/NĐ-CP dated November 21, 2013 on specifying several articles and implementation of the Law on Publishing (hereinafter referred to as the Circular No. 23/2014/TT-BTTTT);

b) 03 lists of imported publication products by following the Form No. 05 given in the Appendix III issued together with the Circular No. 23/2014/TT-BTTTT.

2. The publication import facility shall be liable for fee for registration of import of publication products in accordance with legal regulations.

3. Within 15 working days from receipt of all valid required documents, the Bureau of Publication must give the written confirmation of registration of publication import by following the Form No. 06 given in the Appendix III issued together with the Circular No. 23/2014/TT-BTTTT; in case of refusal to issue the permit, the Bureau should send the written response which clearly states the reasons for such refusal.

If it is suspected that contents of publication products may violate Vietnamese laws, the Bureau of Publication shall have the right to refuse to give the confirmation of registration of import of such publication products, or request such publication products to be subject to the content assessment before giving that confirmation.

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1. Before importing publication products for non-business purposes, institutional or individual entities must send the application for grant of the import permit by post or in person to the licensing agency in accordance with the following regulations:

a) Central agencies or organizations, or foreign organizations with their offices located in Hanoi, shall send their application to the Bureau of Publication or the Department of Information and Communications of Hanoi;

b) Other agencies or organizations, and Vietnamese or foreign individuals, shall send their application to the Department of Information and Communications in the area where their offices, and ports of entry of imported publication products, are located.

2. Application for grant of the permit shall include 01 set of documents as follows:

a) The application form for grant of the import permit by following the Form No. 07 given in the Appendix III issued together with the Circular No. 23/2014/TT-BTTTT;

b) 02 lists of imported publication products by following the Form No. 08 given in the Appendix III issued together with the Circular No. 23/2014/TT-BTTTT.

3. The applicant shall be liable for the fee for grant of the permit for import of publication products in accordance with legal regulations.

4. In the course of considering applications to issue the permit, if the Bureau of Publication, or the Department of Information and Communications, discovers that publication products may be in violation of Vietnam’s laws, they have the right to refuse to grant the import permit or conduct the assessment under the provisions of Article 21 of the Circular No. 23/2014/TT-BTTTT as a basis for making a decision to issue the permit for import of publication products.

The applicant shall be liable for the assessment fee in accordance with legal regulations.

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6. The permit for import of publication products for non-business purposes shall be valid till the clearance completion date.

Chapter IV

IMPLEMENTARY PROVISIONS

Article 11. Effect

1. This Circular shall come into force since August 15, 2015.

2. As from the entry into force of this Circular, regulations on export and import of commodities in the print and publication industry laid down in the Circular No. 48/2006/TT-BVHTT of the Ministry of Culture and Information dated May 5, 2006 on providing guidance on several contents stipulated by the Government's Decree No. 12/2006/NĐ-CP dated January 23, 2006 on specifying the implementation of the Law on Commerce in terms of international goods trade and the activities of agents, trading, processing, and transit of goods with foreign partners shall be abolished.

Article 12. Implementation

In the course of implementing this Circular,

1. If there is any development or change of functions, technologies or commodity types, or if laws provide other regulations on imported or exported commodities in the print and publication industry, the Bureau of Publication shall be responsible for studying and suggesting any appropriate amendment or supplementation to regulations laid down in this Circular to the Minister of Information and Communications;

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THE MINISTER




Nguyen Bac Son

APPENDIX I

PRINT IMPORT LIST, PROCEDURES AND REQUIREMENTS (Issued together with the Circular No. 16/2015/TT-BTTTT of the Minister of Information and Communications dated June 17, 2015)

1. Prepress equipment

No.

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Import procedure

Requirements

1

Dedicated machines used for film imaging, plate imaging and printing mold production for printing operations

Import permit

The timespan from the manufacturing year to the import year is not more than 10 years

2

Printing frames; plate developing and processing machinery; plate baking ovens; boring machines, plate drilling machines and other equipment with similar functions

Import permit is not required

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Others

Import permit is not required

2. Printing equipment

No.

Description

Import procedure

Requirements

I

Offset, gravure, flexographic and screen printing machinery

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The timespan from the manufacturing year to the import year is not more than 20 years

II

Digital printing machinery

1

Laser printers

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Laser printers with the printing speed of more than 50 pages (A4 size)/minute

Import permit is required

The timespan from the manufacturing year to the import year is not more than 07 years

1.2

Laser printers with the printing speed of more than 50 pages (A4 size)/minute in combination with color (multicolor) photocopying functions

Import permit is required

1.3

Laser printers with the printing speed of less than 50 pages (A4 size)/minute in combination with color (multicolor) photocopying functions

Import permit is required

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1.4

Laser printers with the printing speed of less than 50 pages (A4 size)/minute

Import permit is not required

2

Ink-jet printers

2.1

Ink-jet printers with the printing speed of more than 50 pages (A4 size)/minute, or those used for printing pages that are more elongated than A3.

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The timespan from the manufacturing year to the import year is not more than 07 years

2.2

Ink-jet printers with the printing speed of more than 50 pages (A4 size)/minute, or those used for printing pages that are more elongated than A3 in combination with color (multicolor) photocopying functions

Import permit is required

2.3

Ink-jet printers with the printing speed of less than 50 pages (A4 size)/minute, or those used for printing pages that less elongated than A3 in combination with color (multicolor) photocopying functions

Import permit is required

Brand-new; the timespan from the manufacturing year to the import year is not more than 03 years

2.4

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Import permit is not required

III

Thermal and 3D printers and others

Import permit is not required

3. Print finishing equipment

No.

Description

Import procedure

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1

Paper cutters, book folders (paper folding machines), book binders (wire or thread stitching), casing-in machines, combined saddle stitching lines, combined print finishing lines (from more than two workflow steps)

Import permit is required

The timespan from the manufacturing year to the import year is not more than 25 years

2

Others

Import permit is not required

4. Photocopying equipment

No.

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Import procedure

Requirements

1

Color (multicolor) copiers designed exclusively for photocopying functions or combined with other functions

Import permit is required

Brand-new; the timespan from the manufacturing year to the import year is not more than 03 years

2

Single color copiers designed exclusively for photocopying functions or combined with other functions

Import permit is not required

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APPENDIX II

PUBLICATION IMPORT LIST AND PROCEDURES (Issued together with the Circular No. 16/2015/TT-BTTTT of the Minister of Information and Communications dated June 17, 2015)

Publication products (*) (according to the HS code)

Procedures for import of publication products for trading purposes

Procedures for import of publication products for non-business purposes

Classified into headings as follows:

- 49.01;

- 4903.00.00;

- 4904.00.00;

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- 4910.00.00.

The written confirmation of import registration

Import permit is required

Classified into the heading: 49.11

(except for the following (sub)headings:

- 4911.91;

- 4911.91.21;

- 4911.91.31;

- 4911.99.10;

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The written confirmation of import registration

Import permit is required

(*) Note: Publication products are stipulated in Clause 4 Article 4 enshrined in the Law on Publishing.

Thông tư 16/2015/TT-BTTTT hướng dẫn Nghị định 187/2013/NĐ-CP về xuất, nhập khẩu hàng hóa trong lĩnh vực in, phát hành xuất bản phẩm do Bộ trưởng Bộ Thông tin và Truyền thông ban hành