Nghị định 72/2022/NĐ-CP sửa đổi Nghị định 60/2014/NĐ-CP quy định về hoạt động in và Nghị định 25/2018/NĐ-CP sửa đổi Nghị định 60/2014/NĐ-CP quy định về hoạt động in

DECREE

AMENDMENTS TO SOME ARTICLES OF GOVERNMENT’S DECREE NO. 60/2014/ND-CP DATED JUNE 19, 2014 ON PRINTING AND GOVERNMENT’S DECREE NO. 25/2018/ND-CP DATED FEBRUARY 28, 2018 ON AMENDMENTS TO SOME ARTICLES OF GOVERNMENT’S DECREE NO. 60/2014/ND-CP DATED JUNE 19, 2014 ON PRINTING

Pursuant to the Law on Government Organization of Vietnam dated June 19, 2015; the Law on amendments to some Articles of the Law on Government Organization of Vietnam and Law on Local Government Organization of Vietnam dated November 22, 2019;

At the request of the Minister of Information and Communications;

The Government promulgates a Decree on amendments to some Articles of Government’s Decree No. 60/2014/ND-CP dated June 19, 2014 on printing and Government’s Decree No. 25/2018/ND-CP dated February 28, 2018 on amendments to some Articles of Government’s Decree No. 60/2014/ND-CP dated June 19, 2014 on printing

Article 1. Amendments to some Articles of Government’s Decree No. 60/2014/ND-CP dated June 19, 2014 on printing

1. Point g, Clauses 4, 5, 6 and 7 shall be amended and Clause 10 shall be added after Clause 9 Article 2 as follows:

a) Point g Clause 4 shall be amended as follows:

“g) Forms, papers, books, user manuals, introductions, advertisements for tools and equipment for production, products, goods and services; posters, leaflets and pamphlets that are not publication products according to regulations of the Publishing Law”.

b) Clauses 5, 6 and 7 shall be amended as follows:

“5. Equipment for printing means machinery and tools to perform one or many steps of prepress, printing, post-processing and photocopying (hereinafter referred to as “printing equipment”).

a) Computer to-film, computer-to-plate machines, stencil makers (HS code 84.42);

b) Digital, offset, flexo, copper roller, letterpress printers and screen printers (HS code 84.43);

c) Post-processing machines that are electrically operated (HS code 84.40, HS code 84.41): paper trimming machines (including die cut machines), folding machines, book binding machines (wire stitching, thread sewing or adhesive binding), saddle stitchers, combination lines for finishing printed products; machines for making bags, sacks or envelopes; machines for making cartons, boxes, coffers, tubular and drum boxes or containers

d) Color copiers, single-function or multi-function color printer-copiers (HS code 84.43).

6. Printing establishment means an enterprise, a service provider, a cooperative, a business household or a branch of one of types of establishment that directly performs one or all of steps of prepress, printing and post-processing.

7. Photocopying establishment means an enterprise, a service provider, a cooperative,  a business household or a branch of one of the establishment that directly provides photocopying.

c) Clause 10 shall be added after Clause 9 as follows:

“10. The age of equipment is the time that has been determined from the year of manufacture to the year of import of the machinery and equipment (years); in which the year of manufacture is stated on the stamp and label in the form of directly printing, gluing, attaching, casting, carving or engraving on equipment; the year of import is the year on which the goods arrive at the border gate of Vietnam”.

2. Point d Clauses 1 and 6 shall be amended and Clause 7 shall be added after Clause 6 Article 9 as follows:

a) Point d Clause 1 shall be amended as follows:

“d) Provide misinformation, distort history, negate revolutionary achievements; defame the nation, national famous people and heroes; use Vietnam maps without showing or incorrectly showing national sovereignty; defame agencies and organizations or the honor and dignity of individuals.

b) Clause 6 shall be amended as follows:

“6. Import or use printing equipment in contravention of this Decree and other relevant regulations.

c) Clause 7 shall be added after Clause 6 Article 9 as follows:

“7. Fail to have circulation permits, registration certificates and quality certificates as prescribed by law for products that are subject to such permits and certificates in case of printing or ordering packaging and labels of such products.”.

3. Clause 3 shall be amended and Clause 11 shall be added after Clause 10 Article 15 as follows:

a) Clause 3 shall be amended as follows:

“3. Strictly conduct printing, post-processing according to their quantities written in printing contracts.

b) Clause 11 shall be added after Clause 10 as follows:

“11. Responsibility of the party that orders printing products

Provide all documents relevant to the ordered products as prescribed in this Decree.”.

4. Article 16 shall be amended as follows:

“1. Have contract for prepress, printing and post-processing

2. The printing establishment only receives prepress, printing and post-processing when the agency, organization or individual that orders printing products provides all documents relevant to the printing products according to regulations of this Decree.”.

5. Article 27 shall be amended as follows:

“Article 27. Import of printing equipment

1. The printing equipment specified in Clause 5, Article 2 of this Decree, before import, the importer must declare to the Ministry of Information and Communications as prescribed in Article 28 of this Decree (except for inkjet printers, monochrome or color laser printers with a speed of up to 60 sheets per minute (A4 size) or with A3 paper size or less and dot matrix printers).

2. Criteria for import of printing equipment:

a) With regard to printing equipment specified at Point a, Clause 5, Article 2 of this Decree, the age of the equipment must not exceed 10 years;

b) With regard to printing equipment specified at Points b and c, Clause 5, Article 2 of this Decree, the age of the equipment must not exceed 20 years;

c) With regard to printing equipment specified at Point d, Clause 5, Article 2 of this Decree, the age of the equipment must not exceed 03 years;

6. Article 28 shall be amended as follows:

“Article 28. Procedures for declaration of import of printing equipment

1. The declaration dossiers shall be submitted to the Ministry of Information and Communications through the National Single Window.

2. The dossier of declaration of import of printing equipment consists of a declaration of import of printing equipment according to the prescribed form and documents that show technical specifications and technology of prepress, printing and post-processing of each type of equipment.

3. Within 03 days from the day on which the dossier is received, the Ministry of Information and Communications must issue a certificate of declaration of import of printing equipment. In case of refusal to issue a certificate, it shall provide explanation in writing.

7. Article 29 shall be amended as follows:

“Article 29. Responsibilities of importers

1. Strictly import equipment according to the contents of certificates of declaration of import of printing equipment.

2. Comply with regulations on the import of printing equipment in this Decree and take responsibility to law for the import of printing equipment.

8. Article 30 shall be amended as follows:

“1. Printing equipment may only be used for production and trade when the printing establishment has been issued with a license to operate printing or a certificate of registration of printing or the photocopying establishment has been declared photocopying.

2. With regard to color photocopiers and printers with the color photocopying function, the declaration shall be carried out before use The declaration dossier is the declaration form of use of machine according to the prescribed form. The organization or individual shall submit the declaration dossier via online public service system, by post, by registered mail or in person at the provincial People's Committee.

3. The organization or individual that has declared the use of color photocopiers and printers with the color photocopying function shall send a written notification of printing to the state management agency where the declaration has been made.

Article 2. Amendments to some Articles of Government’s Decree No. 25/2018/ND-CP dated February 28, 2018 on amendments to some Articles of Government’s Decree No. 60/2014/ND-CP dated June 19, 2014 on printing

1. Point b Clause 3, Point b Clause 4, Point a Clause 5, Point a Clause 6, Clause 7, Clause 8, Article 1 shall be amended as follows:

a) Point b Clause 3 shall be amended as follows:

“b) Clause 4 shall be amended as follows:

“4. Regulated entities, deadlines, forms and methods of reporting:

a) Regulated entities of reporting and recipients:

The printing establishments under ministries, central agencies and organizations shall report in writing according to the prescribed forms and submit to the Ministry of Information and Communications; Other printing establishments shall report in writing according to the prescribed forms and submit to the People's Committees of provinces; the branch of printing establishment shall report in writing according to the prescribed form and submit to the provincial-level People's Committee where the licence to operate printing is issued or the registration of printing is certified; the photocopying establishments shall report in writing according to the prescribed forms and submit to the district-level People's Committees (districts, towns or equivalent administrative units);

b) Annually, the People’s Committee of province shall release statistics, synthesis state management of printing in the province, report in writing according to the prescribed form and submit to the Ministry of Information and Communications;

c) Data of the report is collected from January 01 to December 31 of the reporting year;

d) Deadline for report: Entities prescribed in Point a of this Clause shall send a report no later than January 10 of the year succeeding the reporting year. The People’s Committee of province must send a report no later than January 15 of the year succeeding the reporting year;

dd) Forms and methods of reporting: The report shall be made in form of hard copy which bears seal and signature of the Head of agency or organization. The report shall be sent by post, fax, in person or via email. If the report is sent via email, it must be in the format of Word or Excel enclosed with Pdf file, which is scanned from the hard copy for comparison and assurance about the accuracy.

If the electronic report system is available, it is required to make electronic reports.”

b) Point b Clause 4 shall be amended as follows:

“b) Point dd shall be amended as follows:

“dd) Being owned by an organization (state agency, political organization, socio-political organization, socio-political-professional organization, socio-professional organization, public service provider or economic organization whose owner is Vietnamese citizen) or an individual who is a Vietnamese citizen. Being headed by a Vietnamese individual who has permanent residence in Vietnam and full legal capacity

c) Point a Clause 5 shall be amended as follows:

“a) Clause 1 shall be amended as follows:

“1. Before operation, the printing establishment that conducts prepress, printing and post-processing of the products prescribed at Points a and c, Clause 4 Article 2 of this Decree shall send an application for issuance of license to operate printing to the state management agency on printing according to the following regulations:

a) The printing establishments under ministries, central agencies and organizations and the printing establishments under organizations and enterprises owned by the State shall send applications via online public service system, by post or by registered mail or in person to the Ministry of Information and Communications;

b) Other printing establishments shall submit applications via online public service system, by post, by registered mail or in person at the provincial People's Committees.

c) In case the printing establishment specified at Point b, Clause 1 of this Article is a branch that conducts prepress, printing and post-processing located in a province other than the province where its headquarter is located, the People's Committee of province where the branch is located shall issue a license to operate printing.

d) The application that has been sent via online public service system shall comply with regulations on performance of administrative procedures in the electronic environment. In case of issuance of license to operate printing for the printing establishment that is a branch without via online public service system, within 05 working days from the date of issuance of the license to operate printing, the licensing agency shall send a copy of the license to the state management agency in province where the headquarter of printing establishment is located to cooperate in management.”.”

d) Point a Clause 6 shall be amended as follows:

“a) Point a Clause 1 shall be amended as follows:

“a) The printing establishment shall make an application for reissuance of the license to operate printing within 07 working days from the date on which the license is lost or damaged.

In case of change in one of the following information: name of the printing establishment; address of its headquarter or branch; type of business; its head or establishment or dissolution of its branch; it shall give a notification of change via online public service system, by post, by registered mail or in person to the printing authority which has issued the license for addition to state management database on printing. In case there are above changes and the printing establishment requests for re-issuance of the license to operate printing, the state management agency shall re-issue the license.”.”.

dd) Clause 7 shall be amended as follows:

“7. Clauses 1, 2, 4 and 5 Article 14 shall be amended as follows:

a) Clauses 1, 2 shall be amended as follows:

“1. The printing establishments that conduct prepress, printing and post-processing of printed products other than those prescribed at Points a and c, Clause 4, Article 2 of this Decree shall register their operations with state management agencies on printing.

2. Before operation, the printing establishment shall send the declaration form of registration of printing according to the prescribed form to the state management agency on printing in order to issue a certificate of registration of printing according to the following regulations:

a) The printing establishments under ministries, central agencies and organizations and the printing establishments under organizations and enterprises owned by the State shall send applications via online public service system, by post or by registered mail or in person to the Ministry of Information and Communications;

b) Other printing establishments shall submit applications via online public service system, by post, by registered mail or in person at the provincial People's Committees.

c) In case the printing establishment specified at Point b, Clause 2 of this Article is a branch that conducts prepress, printing and post-processing located in a province other than the province where its headquarter is located, the People's Committee of province where the branch is located shall issue certificate of registration of printing.

d) The declaration form that has been sent via online public service system shall comply with regulations on performance of administrative procedures in the electronic environment. In case of issuance of certificate of registration of printing for the printing establishment that is a branch without via online public service system, within 05 working days from the date of issuance of the certificate, the agency that issues certificate shall send a copy of the certificate to the state management agency in province where the headquarter of printing establishment is located to cooperate in management.”.”

b) Clauses 4 and 5 shall be amended as follows:

“4. Within 05 working days from the date of change in the certified information, the printing establishment shall send declaration form of registration for the changed information according to the prescribed form to the printing management agency for re-issuance of certificate of registration of printing.

5. Within 3 working days from the date of receipt of a declaration form of registration of the printing establishment prescribed in Clauses 2 and 4 of this Article, the printing management agency shall certify the registration and update information in its national database on printing. In case of refusal to certify the registration, it shall provide explanation in writing.

e) Clause 8 shall be amended as follows:

“8. Clause 5 Article 15 shall be amended as follows:

“5. Store full dossiers relevant to products that have already been accepted for prepress, printing and post-processing within 24 months from the date on which the contract for printing products specified in Clause 4 Article 2 of this Decree is signed. The dossier subject to storage includes:

a) Original of contract for prepress, printing or post-processing specified in Clause 1 Article 16 of this Decree;

b) The finished product or design shall be stored as a physical copy, an electronic copy, a photographic copy or a scanned copy. An electronic copy, a photographic copy or a scanned copy is a file contained in a CD, CD-ROM, USB drive, hard drive or other data storage devices;

c) Documents relevant to the ordered products as prescribed in this Decree.”.

2. Article 2 shall be amended as follows:

“Article 2. Issuance of forms

The forms shall be issued together with this Decree, including: application, declaration, license, certificate and report for administrative procedures and reporting in printing.

Article 3. Annulment of regulations of Government’s Decree No. 60/2014/ND-CP dated June 19, 2014 on printing and Government’s Decree No. 25/2018/ND-CP dated February 28, 2018 on amendments to some Articles of Government’s Decree No. 60/2014/ND-CP dated June 19, 2014 on printing

1. “4. Annul Point dd Clause 4 Article 2; Clause 5 Article 9; Point b, Clause 2, Article 13; Clause 3 Article 14; Clause 4, Article 15 of Decree No. 60/2014/ND-CP dated June 19, 2014 of the Government on printing.

2. Annul Clauses 9, 12, 15, 16 and 17 Article 1 of Government's Decree No. 25/2018/ND-CP dated February 28, 2018 on amendments to some Articles of Government’s Decree No. 60/2014/ND-CP dated June 19, 2014 on printing.

Article 4. Implementation provision

1. This Decree comes into force from January 01, 2023.

2. Transitional provisions

a) The agency, organization or individual that has submitted an application for handling of administrative procedures for printing before the effective date of this Decree but has not received the result may continue to comply with regulations of Government's Decree No. 60/2014/ND-CP dated June 19, 2014 on printing and Government’s Decree No. 25/2018/ND-CP of February 28, 2018 on amendments to some Articles of Government’s Decree No. 60/2014/ND-CP dated June 19, 2014 on printing for completion.

b) Within 03 months from the effective date of this Decree, the printing establishment that is a branch must carry out procedures for issuance of the license to operate printing and certificate of registration of printing.

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