Laws of Vietnam

No: 110/2010/ND-CP

Ha Noi, day 09 month 11 year 2010                          

DECREE

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT'S DECREE NO. 111/2005/ ND-CP OF AUGUST 26, 2005, DETAILING AND GUIDING A NUMBER OF ARTICLES OF THE PUBLICATION LAW, WHICH IS AMENDED AND SUPPLEMENTED UNDER THE GOVERNMENT'S DECREE NO. 11/2009/ND-CP OF FEBRUARY 10, 2009

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the December 3, 2004 Publication Law; and the June 3, 2008 Law Amending and Supplementing a Number of Articles of the Publication Law;
At the proposal of the Minister of Information and Communications,

DECREES:

Article 1. To amend and supplement Article 18c and Article 18d of the Government's Decree No. 111/2005/ND-CP of August 26, 2005, which are added under Clauses 5 and 6. Article 2 of the Government's Decree No. 11/2009/ND-CP of February 10, 2009, on conditions and dossiers of application for commercial publication import permits.

1. To amend and supplement Article 18c as follows:

"Article 18c. Conditions for obtaining a commercial publication import permit

1. Conditions for obtaining a commercial publication import permit mentioned in Clause 2, Article 38 of the Publication Law include:

a/ Possessing a business registration certificate or investment certificate under the law on enterprises or investment;

b/ The head of the business resides in Vietnam; holds a tertiary degree in publication distribution or possesses a certificate of professional training in publication distribution granted by a competent Vietnamese agency if he/she holds a tertiary degree in another discipline;

c/ For commercial book import, in addition to satisfying the conditions specified at Points a and b of this Clause, having at least 5 (five) book evaluators who have worked in publication for at least 5 (five) years, possess professional operations and skills and hold a tertiary or higher degree in a foreign language relevant to the majority of imported books."

2. To amend and supplement Article 18d as follows:

"Article 18d. Dossiers, order and mode of application for a commercial publication import permit

1. A permit application dossier specified in Clause 3, Article 38 of the Publication Law, which shall be made in 1 (one) set, sent by post or delivery service or submitted directly to the Publication Department, comprises:

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

b/ A copy together with the original for comparison or a certified true copy of the business registration certificate or investment certificate under the law on enterprises or investment; diplomas and certificates of the head of the publication importer;

c/ A list of book evaluators made according to a set form, for commercial book import.

2. The Ministry of Information and Communications shall modify Form No. 10 -Application for commercial publication import permit and Form No. 11 - List of employees and collaborators evaluating imported books, promulgated together with Circular No. 02/2010/ TT-BTTTT of January 11, 2010, to conform with the project on administrative procedure simplification under the Government's Resolution No. 25/NQ-CP of June 2, 2010."

Article 2. To amend and supplement Article 18 of the Government's Decree No. 111/2005/ND-CP of August 26, 2005, which is amended and supplemented under Clause 4, Article 1 of the Government's Decree No. 11/2009/ND-CP of February 10, 2009, on registration of commercial publication import

To amend and supplement Article 18 as follows:

Article 18. Registration of commercial publication import

Registration of commercial publication import complies with Article 39 of the Publication Law.

Dossiers, order and mode of registration of commercial publication import are as follows:

a/ A dossier is made in 1 (one) set, comprising a written registration of publication import and 3 (three) lists of imported publications, made according to a set form;

b/ The publication importer submits 1 (one) dossier by post or delivery service or directly to the Publication Department. When the Publication Department's guidance on online registration of publication import is available, the publication importer may make online registration;

c/ When there is a change in a list of imported publications whose registration has been certified, the publication importer shall report in writing on such change and concurrently register the new information (if any) with the Publication Department for certification of additional registration.

Reports shall be submitted by the modes specified at Point b of this Clause.

3. A list of imported publications whose registration is certified by the Publication Department serves as a basis for a publication importer to clear import procedures at the customs office and is valid until import procedures are completed.

4. The Ministry of Information and Communications shall modify Form No. 13 - Written registration of the list of commercial imported publications and Form No. 14 - List of commercial imported publications, promulgated together with Circular No. 02/2010/TT-BTTTT of January 11, 2010, to conform with the project on administrative procedure simplification under the Government's Resolution No. 25/NQ-CP of June 2, 2010."

Article 3. Effect and implementation responsibilities

1. This Decree takes effect on December 31, 2010.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People's Committees shall implement this Decree.