Nghị định 60/2014/NĐ-CP quy định về hoạt động in

THE GOVERNMENT -------	THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 60/2014/ND-CP	Hanoi, June 19, 2014

 

DECREE

PRESCRIBING PRINTING ACTIVITIES

Pursuant to the December 25, 2001 Law on Organization of the Government;

At the proposal of the Minister of Information and Communications,

The Government promulgates the Decree prescribing printing activities.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Decree prescribes printing activities regarding operation conditions of printing establishments; prepress, press and postpress; duplication (below referred to as photocopying); cooperation of printing establishments for the prepress, press and postpress of printed products; and import of equipment of printing industry.

Prepress, press and postpress of publications must comply with the law on publication.

2. This Decree applies to Vietnamese and foreign organizations and individuals related to printing activities in the Vietnamese territory. In case a treaty to which the Socialist Republic of Vietnam is a contracting party contains different provisions, such treaty prevails.

Article 2. Interpretation of terms

In this Decree, the terms and phrases below are construed as follows:

1. Prepress means the creation of printing films or printing plates of tracing paper or metal for printing, or of master documents for photocopying.

2. Press means the use of technology and equipment to create printed products.

3. Postpress means the use of technology, equipment, instruments and techniques to turn printed sheets into finished printed products according to their specimens.

4. Printed product means a product created by technology and equipment of printing industry on different materials. Printed products include:

a/ Newspapers, magazines and other press publications prescribed by the press law;

b/ Paper forms issued by state agencies;

c/ Anti-counterfeit stamps;

d/ Financial invoices, cards and papers with pre-printed face value or for inscription of face values (excluding banknotes);

dd/ Publications prescribed by the publication law;

e/ Merchandise packages and labels;

g/ Documents and papers of organizations and individuals;

h/ Other printed products.

5. Equipment of printing industry means machinery and tools to perform one or many steps of prepress, press, postpress and photocopying (below collectively referred to as printing equipment).

6. Printing establishment means an enterprise, a business household or public non- business unit directly performing one or all of steps of prepress, press and postpress.

7. Photocopying service establishment means an enterprise, a business household or public non-business unit directly providing the photocopying service.

8. Head of printing establishment or photocopying service establishment means an at-law representative named in one of the following papers: business registration certificate, enterprise registration certificate, investment certificate or appointment decision of a competent agency, for printing or photocopying service establishments being public non-business units.

9. Owner of printing establishment or photocopying service establishment means an organization or individual that holds capital of a printing or photocopying service establishment, or a partner in case such establishment is a partnership as prescribed by the law on enterprises.

Article 3. State policies toward printing activities

Printing activities are conditional production and business activities. The State shall adopt policies toward printing activities, including:

1. To encourage and give preferential treatment to investment in the application of printing technologies, techniques and equipment that are efficient in energy, materials and labor and environment-friendly; to restrict the use, and prohibit the manufacture and import, of printing equipment using obsolete and polluting technologies.

2. To adopt investment, tax and land rental incentives for printing activities serving political, national defense, security and other important tasks of the country in accordance with law.

Article 4. Contents of state management of printing activities

1. Formulating master plans, plans and policies on printing activities.

2. Formulating and promulgating legal documents, standards and technical regulations on printing activities.

3. Managing professional training in printing activities.

4. Managing scientific research and technology application in printing activities.

5. Managing international cooperation in printing activities.

6. Granting, re-granting and revoking licenses and certificates; managing operation registration and operations of printing establishments and managing operation declaration and operations of photocopying service establishments in printing activities.

7. Performing commendation, reward and disciplining work in printing activities.

8. Inspecting, examining, settling complaints and denunciations, and handling violations of law in printing activities.

Article 5. Tasks and powers of the Ministry of Information and Communications in performing the state management of printing activities

The Ministry of Information and Communications shall assist the Government in unifying the state management of printing activities nationwide, having the following tasks and powers:

1. To assume the prime responsibility for, and coordinate with related agencies in, formulating and promulgating according to its competence, or submitting to competent agencies for promulgation, legal documents on printing activities, strategies, master plans, plans and policies of the State on printing activities.

2. To manage and organize scientific research and technology application in printing activities; to develop and promulgate standards and technical regulations on printing activities; to organize training in legal and professional knowledge in printing activities.

3. To manage and organize international cooperation in the printing field.

4. To grant, re-grant and revoke licenses and certificates; to certify registration and manage operations of printing establishments according to its competence.

5. To guide and implement information, reporting and statistics regulations and issue forms for use in printing activities.

6. To request organizations and individuals to suspend the prepress, press and postpress of printed products when detecting that such printed products show signs of violation of law.

7. To assume the prime responsibility for, and coordinate with related ministries and sectors in, forming an inter-sectoral organization at the central level to prevent and combat violations in printing activities and abuse of printing activities to produce counterfeit goods.

8. To perform commendation, reward and disciplining work in printing activities in accordance with law.

9. To inspect, examine and settle complaints and denunciations, and handle violations of law in printing activities according to its competence.

Article 6. Responsibilities of ministries and ministerial-level agencies in coordination of the state management of printing activities

1. The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with the Ministry of Information and Communications and related agencies in, promulgating according to its competence, or submitting to competent agencies for promulgation, state regulations on investment incentives for printing activities prescribed in Article 3 of this Decree.

2. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Information and Communications and related agencies in, promulgating according to its competence, or submitting to competent agencies for promulgation, regulations on incentives on taxes and payments to the state budget applicable to printing activities and allocation of state budget funds in accordance with law for the implementation of Article 3 of this Decree.

3. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with the Ministry of Information and Communications and related agencies in, managing, guiding, examining and inspecting the observance of laws and regulations on environmental protection in printing activities.

4. The Ministry of Public Security shall assume the prime responsibility for, and coordinate with the Ministry of Information and Communications and related agencies in, performing the state management of assurance of security and order and preventing and combating crimes in printing activities.

5. The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with the Ministry of Information and Communications and related agencies in, performing the state management of market control in printing activities.

6. Other ministries and ministerial-level agencies shall, within the scope of their respective functions, tasks and powers, coordinate with the Ministry of Information and Communications in, performing the state management of printing activities.

Article 7. Tasks and powers of People’s Committees in the state management of printing activities

1. People’s Committees of provinces and centrally run cities (below referred to as provincial-level People’s Committees) shall perform the state management of printing activities in their localities, having the following tasks and powers:

a/ To promulgate according to their competence master plans and plans on development of printing activities in localities; to promulgate, and guide the implementation of, laws and policies of the State on printing activities in localities;

b/ To guide the implementation of information and reporting regulations in printing activities;

c/ To grant, re-grant and revoke licenses and certificates; to certify registration and manage activities of printing establishments; to direct the management of declaration and activities of photocopying service establishments in localities according to their competence;

d/ To form inter-sectoral coordination organizations in localities to prevent and combat violations in printing activities and abuse of printing activities to produce counterfeit goods;

dd/ To request organizations and individuals to suspend the prepress, press and postpress of printed products when detecting that such printed products show signs of violation of law;

e/ To perform commendation, reward and disciplining work in printing activities in localities in accordance with law;

g/ To inspect, examine and settle complaints and denunciations, and handle violations of law in printing activities according to their competence.

2. People’s Committees of districts and towns (below referred to as district-level People’s Committees) shall manage the declaration and activities of photocopying service establishments according to their competence.

Article 8. Information and reporting responsibilities

1. Printing establishments and photocopying service establishments operating in the form of enterprise or public non-business unit shall make six-month reports or irregular reports at the request of state management agencies in charge of printing activities.

2. Printing establishments and photocopying service establishments operating in the form of business household shall make reports at the request of state management agencies in charge of printing activities.

3. State management agencies involved in printing activities shall, within the scope of their tasks and powers, coordinate with, and provide information to, state management agencies in charge of printing activities at the latter’s request.

4. The Minister of Information and Communications shall issue specific regulations on procedures and methods of sending reports, exchanging and providing information, and report forms used in printing activities.

Article 9. Prohibited acts

1. Prepress, press, postpress or photocopying of printed products and other papers containing the following contents:

a/ Propaganda against the State of the Socialist Republic of Vietnam; undermining the national great unity bloc;

b/ Propaganda to incite wars of aggression, terrorism and separatism, cause hatred and cause division among nations and peoples; provoke violence; spread reactionary ideas, debauched and obscene lifestyles; criminal acts, social evils, superstitious practices; and undermine fine customs and traditions;

c/ Disclosing state secrets, personal privacy and other secrets prescribed by law;

d/ Distorting history, negating revolutionary achievements; hurting the nation, national famous people and heroes; using Vietnam maps without showing or incorrectly showing national sovereignty; slandering, or hurting the prestige of, agencies and organizations or the honor and dignity of, individuals.

2. Printing or photocopying service establishments operating without printing licenses or registering or declaring operation in accordance with this Decree.

3. Abusing prepress, press, postpress or photocopying operations to illegally create and disperse printed products with contents in violation of Clause 1 of this Article; forging papers of state agencies; directly or indirectly producing counterfeit goods.

4. Conducting prepress, press or postpress in violation of the law on intellectual property or infringement upon lawful rights and interests of organizations and individuals.

5. Using printing equipment that serve internal activities for creating printed products for commercial purposes.

6. Manufacturing or importing printing equipment in violation of this Decree and other relevant regulations.

Other related violations as prescribed by law.

Article 10. Handling of violations in printing activities

1. Organizations that commit violations of this Decree shall, depending on the nature and seriousness of violation, be administratively sanctioned, and pay compensation in accordance with law for any damage caused.

2. Individuals that commit violations of this Decree shall, depending on the nature and seriousness of violation, be disciplined, administratively sanctioned or examined for penal liability, and pay compensation in accordance with law for any damage caused.

3. Organizations or individuals that violate the law on intellectual property in prepress, press, postpress or photocopying operations shall be handled in accordance with the law on intellectual property.

4. Violating printed products shall, depending on the nature and seriousness of their violations, be remedied, withdrawn, confiscated, banned from circulation or destroyed.

5. State management agencies in charge of printing activities shall take responsibility for their decisions; if their decisions are wrongful and cause damage, they shall pay compensation in accordance with law.

Chapter II

PRINTING ACTIVITIES

Section 1. PRINTING ESTABLISHMENTS

Article 11. Operation conditions of printing establishments

1. A printing establishment that conduct prepress, press and postpress of the products prescribed at Points a, b, c and d, Clause 4, Article 2 of this Decree must fully meet the following conditions:

a/ Being an enterprise, a public non-business unit or household engaged in printing activities (including a printing establishment that operates independently or is attached to an enterprise or a public non-business unit operating in another sector or field);

b/ Having printing equipment to perform at least one of prepress, press and postpress operations;

c/ Having an area for performing prepress, press and postpress operations which is located outside residential areas, except printing establishments that use only laser or jet-ink technology and printing equipment for printing paper of AO or smaller sizes and printing establishments that are households conducting manual screen printing;

d/ Having sufficient conditions on security, order and environmental protection as prescribed by law;

dd/ Being owned by a Vietnamese organization or individual;

e/ Being headed by a Vietnamese citizen lawfully residing in Vietnam, having full civil act capacity and possessing a collegial or higher degree in printing, or a certificate of training in printing management granted by the Ministry of Information and Communications.

2. A printing establishment that conducts prepress, press and postpress of products other than those prescribed at Points a, b, c and d, Clause 4, Article 2 of this Decree must fully meet the following conditions:

a/ Fully meeting the conditions prescribed at Points a, b, c and d, Clause 1 of this Article;

b/ Being headed by a person who lawfully resides in Vietnam, has full civil act capacity and possesses a collegial or higher degree in printing, or a certificate of training in printing management granted by the Ministry of Information and Communications.

3. The Minister of Information and Communications shall detail Points b and c, Clause 1 of this Article.

Article 12. Licensing of printing activities

1. Before commencing operation, a printing establishment that conducts prepress, press and postpress of the products prescribed at Points a, b, c and d, Clause 4, Article 2 of this Decree shall send a dossier of application for a printing license to a state management agency according to the following provisions:

a/ A printing establishment owned by a central agency or organization shall send a dossier by post or delivery service or submit it directly to the Ministry of Information and Communications;

b/ A local printing establishment shall send a dossier by post or delivery service or submit it directly to the provincial-level People’s Committee.

2. A dossier of application for a printing license must comprise:

a/ An application for a printing license, made according to a set form;

b/ A certified copy of one of the papers: business registration certificate, enterprise registration certificate, investment certificate, tax registration certificate, or establishment decision, for public non-business units;

c/ A certified copy of the paper on ownership or hire-purchase of printing equipment; or a tentative list of printing equipment to be purchased, if having no printing equipment yet;

Within 6 months after receiving a printing license, the printing establishment shall complete the purchase or hire-purchase of equipment according to the above list, and send copies of purchase or hire-purchase documents to the licensing agency;

d/ A certified copy of the certificate of land use rights or a contract or another type of paper proving the allocation or lease of land or lease of ground and workshops for prepress, press and postpress operations;

dd/ Certified copies of the certificate of satisfaction of security and order conditions granted by a competent public security agency and papers proving the satisfaction of environmental protection conditions as prescribed by the law on environmental protection;

e/ A resume, made according to a set form, of the head of the printing establishment enclosed with a certified copy of his/her collegial or higher degree in printing or certificate of training in printing management granted by the Ministry of Information and Communications

3. Within 15 days after receiving a complete dossier as prescribed, a state management agency in charge of printing activities shall grant a license which clearly indicates activities suitable to the printing establishment’s equipment; if refusing to grant a license, it shall issue a written reply clearly stating the reason.

Once licensed, printing establishments are not required to make operation registration under Article 14 of this Decree.

4. The Minister of Information and Communications shall issue specific regulations on the form of application, the form of tentative list of printing equipment to be purchased and the form of resume prescribed at Points a, c and e, Clause 2, and the form of printing license prescribed in Clause 3 of this Article.

Article 13. Re-grant of printing licenses and cases subject to revocation of printing licenses

1. The re-grant of a printing license shall be effected as follows:

a/ A printing establishment shall make a request for re-grant of a printing license within 7 working days after its printing license is lost or damaged or it changes one of the following information: its name; address of its head office; address of its production place; type of its operation organization; or its head; or it establishes or dissolves a branch;

b/ A dossier for re-grant of a printing license must comprise a written request for re-grant of a printing license, made according to a set form; papers proving the change prescribed at Point a of this Clause; or the printing license, if damaged;

c/ Within 7 working days after receiving a complete dossier, a state management agency in charge of printing activities shall re-grant a printing license; if refusing to re-grant a license, it shall issue a written reply clearly stating the reason.

2. A printing license shall be revoked in the following cases:

a/ The printing establishment fails to fully meet the conditions prescribed in Clause 1, Article 11 of this Decree in the course of operation and a state management agency in charge of printing activities has made a written request for the printing establishment to suspend operation for 30 days to fully meet the conditions as prescribed;

b/ Past 6 months after being granted a printing license, the printing establishment fails to purchase adequate equipment as prescribed at Point c, Clause 2, Article 12 of this Decree;

c/ The printing establishment fails to commence operation for more than 12 months after being granted a printing license;

d/ The printing establishment terminates operation or is separated, split, merged or dissolved or falls bankrupt.

3. The Minister of Information and Communications shall issue specific regulations on the order of and procedures for revoking printing licenses.

Article 14. Operation registration of printing establishments

1. Printing establishments that conduct prepress, press and postpress of printed products other than those prescribed at Points a, b, c, d and dd, Clause 4, Article 2 of this Decree shall register their operations with state management agencies in charge of printing activities.

2. Within 30 days after being granted a certificate of satisfaction of security and order conditions by a competent public security agency, a printing establishment shall send a printing establishment operation registration declaration (below referred to as registration declaration) by post or via the Internet or submit it directly to a state management agency in charge of printing activities according to the following provisions:

a/ A printing establishment owned by a central agency or organization shall send a registration declaration to the Ministry of Information and Communications;

b/ A local printing establishment shall send a registration declaration to the provincial- level People’s Committee.

3. A registration declaration shall be made in 2 (two) copies according to a set form.

4. Within 5 working days after having a change in registered information, a printing establishment shall additionally send 2 (two) registration declarations for the changed information, made according to a set form.

5. Within 5 working days after receiving a registration declaration prescribed in Clause 3 or 4 of this Article, a state management agency in charge of printing activities shall certify the registration and update information in its database for management; if refusing to certify registration, it shall issue a written reply clearly stating the reason.

6. The Minister of Information and Communications shall issue specific regulations on the form of registration declaration and the form of declaration of changed information prescribed in Clauses 3 and 4 of this Article; and the method of operation registration of printing establishments via the Internet.

Article 15. Responsibilities of printing establishments

1. To fully meet the conditions prescribed in Article 11 of this Decree in the course of operation.

2. To strictly implement the contents of their printing licenses or operation registration declarations certified by a state management agency in charge of printing activities.

3. To conduct prepress, press and postpress strictly according to the specimens of printed products and their quantities written in printing contracts.

4. To fully update information on the acceptance of prepress, press and postpress in the “Register for management of product prepress, press and postpress” according to the form prescribed by the Minister of Information and Communications.

5. To fully archive dossiers related to products already accepted for prepress, press and postpress under regulations of the Minister of Information and Communications.

6. To produce dossiers and papers related to their operations and printed products and give full and honest explanations at the request of competent agencies and persons performing examination or inspection duties in accordance with law.

7. To strictly implement regulations on periodical and irregular reporting on their operations and products accepted for prepress, press and postpress at the request of state management agencies in charge of printing activities.

8. To participate in training courses on legal knowledge and management of printing activities organized by state management agencies in charge of printing activities.

9. To promptly report to state management agencies in charge of printing activities when detecting that products accepted for prepress, press or postpress contain contents in violation of Clause 1, Article 9 of this Decree.

10. To strictly comply with the provisions of this Decree and other relevant laws; their heads shall take responsibility before law for their activities and printed products.

Section 2. ACCEPTANCE OF PREPRESS, PRESS AND POSTPRESS

Article 16. Conditions for acceptance of prepress, press and postpress

1. Having a printing contract as prescribed by law or a printing order made according to the form prescribed by the Minister of Information and Communications between the printing establishment and an agency, organization or individual that orders prepress, press or postpress (including also increase of quantity for each printed product), specifically:

a/ For printed products prescribed in Articles 17 through 21 of this Decree, a printing contract is required;

b/ For printed products prescribed in Article 22 of this Decree, a printing order is required.

2. In addition to the provisions of Clause 1 of this Article, printing establishments may only accept prepress, press and postpress when the ordering party fully provides the following papers:

a/ The specimens of ordered products bearing a stamp or signature of the ordering party;

b/ Papers related to ordered products as prescribed in Articles 17 through 22 of this Decree and other papers as prescribed by relevant specialized laws;

c/ A copy of the identity card or passport of the person placing the printing order (the original must be produced for comparison).

Article 17. Acceptance of prepress, press and postpress of press publications

Printing establishments may accept prepress, press and postpress when the ordering party provides the following papers:

1. A certified copy of the press activity license, for printed products being newspapers or magazines.

2. A certified copy of the bulletin publication license, for printed products being bulletins or other press publications.

Article 18. Acceptance of prepress, press and postpress of paper forms of state agencies

Printing establishments may only accept prepress, press and postpress when the ordering party provides the following papers:

1. Written approval of the order for prepress, press and postpress, which is issued by the agency or organization competent to issue forms, for printed products being identity cards, passports, personal identification papers, and diplomas and certificates of the national education system.

2. Written approval of the order for prepress, press and postpress, which is issued by a state agency competent to issue paper forms, for printed products being other paper forms of state agencies.

Article 19. Acceptance of prepress, press and postpress of financial invoices, cards and papers with pre-printed face values or for inscription of face values

Printing establishments may only accept prepress, press and postpress when the ordering party provides the following papers:

1. For printed products being financial invoices, in addition to complying with legal provisions on goods sale or service provision invoices, a certified copy of one of the following papers is required:

a/ Business registration certificate;

b/ Enterprise registration certificate;

c/ Investment certificates;

d/ Tax registration certificate.

2. For printed products being cards and papers with pre-printed face values or for inscription of face values:

a/ A certified copy of one of the certificates prescribed at Points a, b, c and d, Clause 1 of this Article, proving the business line suitable to products to be printed;

b/ Written approval of the order for prepress, press and postpress, which is issued by the agency or organization issuing such card or paper.

Article 20. Acceptance of prepress, press and postpress of anti-counterfeit stamps

1. For anti-counterfeit stamps issued by state agencies, a certified copy of the decision issuing the anti-counterfeit stamp specimen is required.

2. For anti-counterfeit stamps issued by organizations and individuals to protect their products and goods:

a/ Written approval of the order for prepress, press and postpress, which is issued by the organization or individual issuing the anti-counterfeit stamp;

b/ A certified copy of one of the certificates prescribed at Points a, b, c and d, Clause 1, Article 19 of this Decree, proving the business line suitable to products to be printed.

Article 21. Acceptance of prepress, press and postpress of merchandise packages and labels

1. For printed products being product or goods packages and labels, one of the certificates prescribed at Points a, b, c and d, Clause 1, Article 19 of this Decree, proving the business line suitable to products to be printed, is required.

2. For printed products being packages and labels of pharmaceuticals, pharmaceutical chemicals and curative medicines, in addition to complying with Clause 1 of this Article, a paper proving the registration number granted by a state management agency in charge of health is required.

Article 22. Acceptance of prepress, press and postpress of other printed products

Printing establishments may only accept prepress, press and postpress of products other than those prescribed in Articles 17 thru 21 for agencies, organizations or individuals when fully meeting the conditions prescribed at Points a and c, Clause 2, Article 16 of this Decree.

The Minister of Information and Communications shall promulgate specific regulations on the list of and conditions for acceptance of prepress, press and postpress of other printed products in conformity with the laws in each period.

Section 3. PRERPESS, PRESS AND POSTPRESS FOR FOREIGN COUNTRIES AND COOPERATION ACTIVITIES OF PRINTING ESTABLISHMENTS

Article 23. Prepress, press and postpress for foreign countries

1. Printing establishments may only accept prepress, press and postpress for foreign organizations and individuals of printed products suitable to the contents of their printing licenses or the contents in the certified registration declarations.

2. The following printed products, if accepted for prepress, press and postpress for foreign organizations and individuals, are subject to licensing by state management agencies in charge of printing activities:

a/ Newspapers, magazines and other press publications;

b/ Paper forms of agencies and organizations;

c/ Anti-counterfeit stamps;

d/ Financial invoices, cards and documents with pre-printed face values or for inscription of face values;

dd/ Other printed documents containing political, historical, geographical, religious or Vietnamese administrative boundary contents.

3. Printing establishments that accept prepress, press and postpress for foreign organizations and individuals of printed products prescribed in Clause 2 of this Article shall make dossiers of application for licenses and send them to the Ministry of Information and Communications or provincial-level People’s Committees.

4. A dossier of application for a license must comprise:

a/ An application for a license, made according to a set form;

b/ Two specimens of the product accepted for prepress, press and postpress.

5. Within 5 working days after receiving a complete dossier, the Ministry of Information and Communications or provincial-level People’s Committee shall grant a license; if refusing to grant a license, it shall issue a written reply clearly stating the reason.

6. Printing establishments shall take responsibility before law for the ordered printing of products. Organizations and individuals that order prepress, press and postpress shall take responsibility for copyright over printed products.

7. All printed products ordered by foreign organizations and individuals shall be exported; if circulated or used in Vietnam, import procedures shall be carried out in accordance with law.

8. The Minister of Information and Communications shall issue specific regulations on the form of application and the form of license for contractual printing prescribed at Point a, Clause 4 and in Clause 5 of this Article.

Article 24. Cooperation activities of printing establishments

1. After obtaining a written approval of an organization or individual that owns the product concerned, a printing establishment may cooperate with other printing establishments to conduct prepress, press and postpress for each product.

2. Cooperation between printing establishments shall be established in a contract in accordance with law, which must fully contain the following basic information:

a/ Title of product to be printed, size of finished product;

b/ Prepress, press and postpress operations to be cooperated;

c/ Quantity of printed products in each cooperated operation;

d/ Contract performance responsibility of each party;

dd/ Other information (if any).

3. Requirements on printing establishments to be cooperated with:

a/ Possessing a printing license or a certified registration declaration as prescribed in this Decree;

b/ Accepting cooperation only after being provided with complete dossiers and documents related to the to-be-printed product as prescribed in Clause 1, Article 33 of the Publication Law, and in Articles 17 thru 23 of this Decree;

c/ Refraining from cooperating with other printing establishments to conduct prepress, press and postpress of products received under cooperation with others;

d/ Ensuring the quantity of products written in the contract prescribed in Clause 2 of this Article;

dd/ Complying with the provisions of Clause 4, Article 35 of the Publication Law and Article 15 of this Decree.

Section 4. PHOTOCOPYING SERVICE ESTABLISHMENTS

Article 25. Operation declaration of photocopying service establishments

1. At least 10 days before operation, a photocopying service establishment shall make declaration to the district-level People’s Committee.

2. Operation declaration of photocopying service establishments must comply with the following provisions:

a/ Photocopying service establishments shall send declaration forms by post or delivery service or directly submit them to district-level People’s Committees;

b/ Each declaration shall be made in 2 (two) copies according to a set form.

3. Within 5 working days after having any change in declared information, photocopying service establishments shall send an information change declaration according to a set form.

4. Within 5 working days after receiving a declaration form as prescribed, district-level People’s Committees shall update information in the declaration form into their databases for management.

5. The Minister of Information and Communications shall issue specific regulations on the declaration forms prescribed in Clauses 2 and 3 of this Article.

Article 26. Responsibilities of photocopying service establishments

1. To make operation declaration in accordance with Article 25 of this Decree.

2. To operate in the declared location;

3. To comply with management requirements of state management agencies.

4. To produce dossiers and papers related to their operation and give explanations and make reports fully and truthfully at the request of competent agencies and persons performing examination and inspection duties in accordance with law.

5. To promptly report to state management agencies in charge of printing activities when detecting that papers and documents received for photocopying contain violating contents prescribed in Clause 1, Article 9 of this Decree.

6. To comply with the provisions of this Decree and relevant laws; heads of photocopying service establishments shall take responsibility before law for their establishments’ activities.

Section 5. IMPORT AND USE MANAGEMENT OF PRINTING EQUIPMENT

Article 27. Import of printing equipment

1. The import of the following printing equipment is subject to licensing by the Ministry of Information and Communications:

a/ Machines for creating printing films or plates;

b/ Digital, offset, flexo, copper roller printing machines; screen printing machines;

c/ Paper trimming machines, book folding machines, book binding machines (wire stitching or thread sewing), saddle stitchers, combination lines for finishing printed products;

d/ Color copiers, printers with the color photocopying function.

2. Subjects eligible to import printing equipment include:

a/ Printing establishments;

b/ Enterprises licensed to import and export printing equipment in accordance with law;

c/ Agencies and other organizations with the legal person status permitted to use printing equipment to serve internal activities.

3. The Minister of Information and Communications shall issue specific regulations on types of printing equipment to be imported in line with the development of printing technology and equipment in each period.

Article 28. Procedures for licensing the import of printing equipment

1. Before importation, the subjects prescribed in Clause 2, Article 27 of this Decree shall make a dossier of application for a license to import printing equipment and send it to the Ministry of Information and Communications.

2. A dossier of application for an import license must comprise:

a/ An application for an import license, made according to a set form;

b/ Catalogs of each type of printing equipment;

c/ Certified copies of:

The printing license or operation registration declaration bearing the certification prescribed in Clause 5 of Article 14, for printing establishments prescribed at Point a, Clause 2, Article 27 of this Decree.

One of the certificates prescribed at Points a, b, c and d, Clause 1, Article 19 of this Decree, for enterprises prescribed at Point b, Clause 2, Article 27 of this Decree.

The establishment decision, for agencies and organizations prescribed at Point c, Clause ,2, Article 27 of this Decree.

3. Within 5 working days after receiving a complete dossier, the Ministry of Information and Communications shall grant a license to import printing equipment; if refusing to grant such a license, it shall issue a written reply clearly stating the reason.

4. The Minister of Information and Communications shall issue specific regulations on the forms of application and import license prescribed at Point a, Clause 2, and in Clause 3 of this Article.

Article 29. Responsibilities of printing equipment importers

1. To import equipment strictly according to the contents of their import licenses.

2. To refrain from modifying, tampering with or transferring printing equipment import

3. To comply with the provisions on the import of printing equipment in this Decree and relevant laws and take responsibility before law for the import of printing equipment.

Article 30. Management of printing equipment

1. Printing equipment may only be used for production and business when fully meeting the conditions on printing activities prescribed by law.

2. For color copiers and printers with the color photocopying function, in addition to use registration under Clause 3 of this Article, they must comply with the following provisions:

a/ Color copiers may only be used to serve internal activities of agencies and organizations and may not be used for commercial purposes in any form;

b/ Printers with the color photocopying function may only be used for production purposes in printing establishments that fully meet the conditions for printing activities prescribed in this Decree.

3. The use registration for color copiers and printers with the color photocopying function shall be made as follows:

a/ Agencies, organizations or printing establishments shall send dossiers of registration of color copiers or printers with the color photocopying function to provincial-level People’s Committees before using them;

b/ Within 5 working days after receiving a complete dossier, the provincial-level People’s Committee shall give written certification for the registration; if refusing to give such certification, it shall issue a written reply clearly stating the reason.

4. The Minister of Information and Communications shall promulgate specific regulations on dossiers for and the form of use registration for color copiers and printers with the color photocopying function prescribed in Clause 3 of this Article.

Chapter III

IMPLEMENTATION PROVISIONS

Article 31. Effect

1. This Decree takes effect on November 1, 2014.

2. On the effective date of this Decree, the following legal documents cease to be effective:

a/ The Government’s Decree No. 105/2007/ND-CP of June 21, 2007, on printing of non-publication products;

b/ The Government’s Decree No. 72/2011/ND-CP of August 23, 2011, amending and supplementing a number of articles of the Government’s Decree No. 111/2005/ND-CP of August 26,2005, detailing and guiding the implementation of a number of articles of the Publication Law, which was amended and supplemented under the Government’s Decree No. 11/2009/ND-CP of February 10, 2009, and Decree No. 105/2007/ND-CP of June 21,2007, on printing of non-publication products.

Article 32. Transitional provisions

1. Certificates of training in printing management already granted to heads of printing establishments before the effective date of this Decree shall be used for carrying out the procedures for the grant or re-grant of printing licenses, or for operation registration of printing establishments.

2. Printing establishments and photocopying service establishments operating before the effective date of this Decree shall carry out the procedures for re-grant of printing licenses; and complete the operation registration and declaration under the following provisions:

a/ Printing establishments that possess printing licenses shall carry out the procedures for re-grant of licenses by November 1,2015, at the latest;

b/ Printing establishments that are not required to possess printing licenses and photocopying service establishments shall complete the operation registration and declaration by November 1, 2015, at the latest.

Pending the implementation of the provisions of Point a or b of this Clause, printing or photocopying service establishments may continue their operations.

3. Printing establishments prescribed in Clause 2 of this Article must meet the operation conditions of printing establishments, excluding the ground condition prescribed at Point c, Clause 1, Article 11 of this Decree.

4. Printing establishments operating in residential areas since before the effective date of this Decree shall, in addition to complying with Clauses 2 and 3 of this Article, be relocated out of residential areas before 2025.

The Minister of Information and Communications shall prescribe a detailed roadmap for relocation out of residential areas for each type of printing establishment.

Article 33. Implementation responsibility

1. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees and related organizations and individuals shall implement this Decree.

2. The Minister of Information and Communications shall detail and guide the implementation of articles, clauses and points as assigned in this Decree.-

 

ON BEHALF OF THE GOVERNMENT PRIME MINISTER Nguyen Tan Dung