Thông tư 04/2008/TT-BTTTT

CIRCULAR

GUIDING THE IMPLEMENTATION OF A NUMBER OF CONTENTS OF THE GOVERNMENT'S DECREE No. 105/2007/ND-CP OF JUNE 21, 2007, ON ACTIVITIES OF PRINTING NON-PUBLICATION PRODUCTS

Pursuant to the Government's Decree No.
105/2007/ND-CHNH PHủ of June 21, 2007, on activities of printing non-publication products;
Pursuant to the Government's Decree No.187/2007/ND-CP of December 25, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communication;
For uniform compliance nationwide, the Ministry of Information and Communication details the implementation of a number of contents of the Government's Decree No. 105/
2007/ND-CP of June 21, 2007, on activities of printing non-publication products (below referred to as Decree No. 105/2007/ND-CP) as follows:

I. GENERAL PROVISIONS

1. Printing activities

Organizations and individuals engaged in activities of pre-press design, press or post-press processing and photocopying shall comply with the law on printing activities.

2. Votive paper printing

2.1. Votive papers prescribed in Decree No.

105/2007/ND-CP are printed products and must not have contents violating the law on advertisement and other related laws.

2.2. Provincial/municipal Information and Communication Services shall certify the registration of kinds of votive papers to be printed

3. Printing of products subject to written approval

3.1. A printing establishment must obtain written approval of a competent line state management agency when printing the following products: identity card, passport, and diploma and certificate of the national education system, specifically:

a/ Identity card printing is subject to written approval of the Ministry performing line

management of that kind of identity card;

b/Passport printing is subject to written approval of the Ministry of Foreign Affairs or the Ministry of Public Security;

c/ Diploma printing is subject to written approval of the Ministry of Education and Training;

d/ Printing of certificates of the national education system is subject to written approval of the agency or organization issuing that certificate.

3.2. When taking a printing order, a printing establishment must have a printing sample certified by a competent state management agency prescribed at Point 3.1, Clause 3, Section I of this Circular.

4. Printing processing for foreign parties

4.1. An establishment processing printing for foreign parties shall ensure that:

a/ 100% of the printed products are exported and may not be sold in the Vietnamese territory;

b/ The party ordering the printing is responsible for the copyright of the products ordered for printing.

4.2. Organizations and individuals wishing to sell products printed under foreign orders in the Vietnamese territory shall carry out import procedures according to law.

II. PRINTING EQUIPMENT

1. Import of color photocopiers

1.1. An agency or organizations having the legal person status may be permitted to import color photocopiers in service of its internal operations.

1.2. A color photocopier user shall issue a regulation on use and management of the photocopier and enclose it in the import application

dossier. The model regulation is attached to this

Circular (not printed herein).

2. Printing equipment registration

2.1. An agency or organization using a color photocopier shall register such photocopier with the local Information and Communication Service. The registration form is attached to this Circular

(not printed herein).

2.2. Registration and placing of number plates are not required for other printing equipment.

III. GRANT AND RE-GRANT OF PRINTING PERMITS

1. Printing permit application dossiers

1.1. Aprinting permit application dossier must satisfy the general conditions specified in Decree No. 105/SJP7/ND-CP.

1.2. The curriculum vitae of the director or owner of a printihg establishment enclosed with notarized copies of his/her diplomas and certificates (if any) prescribed at Item b, Clause 2, Article 6 of Decree No. 105/2Q07/ND-CP is construed asfollows:The director or owner of a printing establishment shall produce a curriculum vitae and a diploma and/or certificate of printing management granted by a professional printing training institution, enclosed with other diplomas and certificates (if any).

1.3. The business registration certificate or the establishment decision of a printing establishment issued by its managing agency prescribed at Item d, Clause 2, Article 6 of Decree No. 105/2007/ ND-CP is specified as follows:

a/Aprinting establishment being an enterprise or revenue-generating non-business unit shall submit an authenticated copy of its business registration certificate.

b/ A non-business printing establishment

(performing printing in service of internal operations, not for business purpose) shall submit an authenticated copy of its establishment decision issued by its managing agency.

2. Re-grant of printing permits

2.1. The time limit for re-granting permits for printing newspapers, magazines and anti-counterfeit stamps is 6 months from the effective date of this Circular.

a/ Centrally run agencies' or organizations' operating establishments that print newspapers, magazines or anti-counterfeit stamps shall prepare and submit a dossier to the Publication Department - the Ministry of Information and Communication for re-grant of permits.

b/ Locally run agencies' or organizations' operating establishments that print newspapers, magazines or anti-counterfeit stamps shall prepare and submit a dossier to local Information and Communication Services for re-grant of permits.

2.2. Printing establishments having the function of printing newspapers, magazines and anti- counterfeit stamps which were granted or changed permits after July 1, 2005, are not required to change their permits.

2.3. While carrying out procedures for re-grant ofpermits under the guidance of this Circular, printing establishments possessing printing permits granted before July 1,2005, may continue their operation.

2.4. Establishments printing newspapers, magazines and anti-counterfeit stamps that are not re-granted permits after the time limit prescribed in this Circular shall cease their operation.

2.5. Dossiers of application for re-grant of permits comply with Clause 2, Article 6 of Decree No. 105/2007/ND-CP.

Within 7 (seven) working days from the date of receiving a complete and valid dossier, a competent state management agency shall re-grant the permit. In case of refusal, it shall issue a written reply clearly stating the reason.

IV. ORGANIZATION OF IMPLEMENTATION

1. This Circular takes effect 15 days after its publication in "CONG BAO."

2. The Publication Department shall guide the implementation of this Circular.

3. In the course of implementation, any arising problems should be reported to the Ministry of Information and Communication (the Publication Department - No. 10, Duong Thanh street, Hoan Kiem district, Hanoi) for consideration and settlement.