Thông tư 22/2018/TT-BVHTTDL sửa đổi Thông tư 07/2012/TT-BVHTTDL về xuất, nhập khẩu văn hóa phẩm không dùng để kinh doanh

THE MINISTRY OF CULTURE, SPORTS AND TOURISM

Circular No.22/2018/TT-BVHTTDL dated  June 29, 2018 of the Ministry of Culture, Sports and Tourism on amending and supplementing certain Articles of the Circular No. 07/2012/TT-BVHTTDL dated July 16, 2012 by the Minister of Culture, Sports and Tourism providing guidance on the Government’s Decree No. 32/2012/ND-CP dated April 12, 2012 on import and export of cultural products for non-commercial purposes

Pursuant to the Government’s Decree No. 32/2012/ND-CP dated April 12, 2012 on import and export of cultural products for non-commercial purposes;

Pursuant to the Government’s Decree No. 79/2017/ND-CP dated July 17, 2017 defining functions, tasks, powers and organizational structure of the Ministry of Culture, Sports and Tourism;

At the request of the Chief of the Ministry s Office;

The Minister of Culture, Sports and Tourism promulgates a Circular amending and supplementing certain articles of the Circular No. 07/2012/TT-BVHTTDL dated July 16, 2012 by the Minister of Culture, Sports and Tourism providing guidance on the Government’s Decree No. 32/2012/ND-CP dated April 12, 2012 on import and export of cultural products for non-commercial purposes.

Article 1. To amend and supplement a number of Articles of the Circular No. 07/2012/TT-BVHTTDL dated July 16, 2012 by the Minister of Culture, Sports and Tourism providing guidance on the Government’s Decree No. 32/2012/ND-CP dated April 12, 2012 on import and export of cultural products for non-commercial purposes by:

1. To add the following Article 1a:

“Article 1a. Interpretation of terms

Audio and visual recordings prescribed in Point a Clause 2 Article 3 of the Decree No. 32/2012/ND-CP include audio and visual recordings of performing arts.”

2. To amend and supplement Article 4 as follows:

“Article 4. Power to appraise cultural products to be exported

The following culture, sports and tourism agencies shall assume responsibility to conduct appraisal of cultural products to be exported under regulations in Article 7 of the Decree No. 32/2012/ND-CP:

1. The Vietnam Cinema Department affiliated to the Ministry of Culture, Sports and Tourism shall appraise cultural products which are films made by agencies or organizations, and are not yet exhibited or published, or those exported to serve the purposes of cooperation in filmmaking or provision of filmmaking services for foreign partners.

2. Provincial Departments of Culture, Sports and Tourism, or Provincial Departments of Culture and Tourism, or their authorized agencies shall take charge of appraising national relics, antiques, and precious objects in the province.”

3. To amend and supplement Article 8 as follows:

“Article 8. Power to license import of cultural products

1. The authority to process applications for license to import cultural products of the Ministry of Culture, Sports and Tourism as prescribed in Clause 1 Article 8 of the Decree No. 32/2012/ND-CP is elaborated as follows:

a) The Vietnam Cinema Department affiliated to the Ministry of Culture, Sports and Tourism shall receive and process applications for license to import cultural products which are films;  

b) The Performing Art Department affiliated to the Ministry of Culture, Sports and Tourism shall receive and process applications for license to import cultural products which are audio and visual recordings of performing arts;

c) The Department of Cultural Heritage affiliated to the Ministry of Culture, Sports and Tourism shall receive and process applications for license to import cultural products which are relics or antiques for displaying at exhibitions or museums;

d) The Department of Fine Arts, Photography and Exhibition affiliated to the Ministry of Culture, Sports and Tourism shall receive and process applications for license to import cultural products which are works of plastic arts, applied arts and photographic works.

2. Provincial Departments of Culture, Sports and Tourism, or Provincial Departments of Culture and Tourism, or their authorized agencies shall receive and process applications for license to import cultural products under the authority of Provincial Departments of Culture, Sports and Tourism as regulated in Clause 2 Article 8 of the Decree No. 32/2012/ND-CP.”

4. To add Article 8a:

“Article 8a. State management tasks

The Vietnam Cinema Department, the Performing Art Department, the Department of Cultural Heritage, and the Department of Fine Arts, Photography and Exhibition affiliated to the Ministry of Culture, Sports and Tourism shall act as advisors for the Minister of Culture, Sports and Tourism on promulgation within its competence or submission of legislative documents on import and export of cultural products in fields under its management to the Government for promulgation.”

5. To amend and supplement Article 9 as follows:

“Article 9. Forms promulgated together with this Circular

1. Form No. 01: License to import cultural products (BM.GP);

2. Form No. 02: Record of appraisal and sealing of appraised cultural products to be exported (BM.BBGD);

3. Form No. 03: Application for license to import cultural products (BM.NK);

4. Form No. 04: Application for appraisal of cultural products to be exported (BM.GD);

5. Form No. 05: Sealing of cultural products (BM.NP).”

Article 2. Annulled regulations

To annul the following regulations:

1. Regulations in Article 6 of the Circular No. 07/2012/TT-BVHTTDL dated July 16, 2012 by the Minister of Culture, Sports and Tourism providing guidance on the Government’s Decree No. 32/2012/ND-CP dated April 12, 2012 on import and export of cultural products for non-commercial purposes.

2. Forms of license to import cultural products (BM.GP), record of appraisal and sealing of appraised cultural products to be exported (BM.BBGD), application for license to import cultural products (BM.NK), application for appraisal of cultural products to be exported (BM.GD), and sealing of cultural products (BM.NP) promulgated under the Circular No. 07/2012/TT-BVHTTDL dated July 16, 2012 by the Minister of Culture, Sports and Tourism.

Article 3. Implementation organization

1. This Circular takes effect on August 15, 2018.

2. Any difficulties arising in the course of implementation of this Circular should be reported to the Ministry of Culture, Sports and Tourism for consideration./.

The Minister

Nguyen Ngoc Thien