Circular No. 48/2006/TT-BVHTT dated May 05, 2006 of the Ministry of Culture and Information guiding a number of contents of the Government’s Decree No. 12/2006/ND-CP dated January 23, 2006, detailing the implementation of the Commercial Law regarding international goods purchase and sale and goods purchase and sale agency, processing and transit with foreign countries
THE MINISTRY OF CULTURE AND INFORMATION
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Hanoi, May 05, 2006
GUIDING A NUMBER OF CONTENTS OF THE GOVERNMENT’S DECREE No. 12/2006/ND-CP OF JANUARY 23, 2006, DETAILING THE IMPLEMENTATION OF THE COMMERCIAL LAW REGARDING INTERNATIONAL GOODS PURCHASE AND SALE AND GOODS PURCHASE AND SALE AGENCY, PROCESSING AND TRANSIT WITH FOREIGN COUNTRIES
Pursuant to the Government’s Decree No. 63/2003/ND-CP of June 11, 2003, defining the functions, tasks, powers and organizational structure of the Culture and Information Ministry;
Pursuant to the Government’s Decree No. 12/2006/ND-CP of January 23, 2006, detailing the implementation of the Commercial Law regarding international goods purchase and sale and goods purchase and sale agency, processing and transit with foreign countries, The Culture and Information Ministry hereby guides the import and export of goods subject to specialized management by the Culture and Information Ministry specified in Appendix No. 1 (Clauses 2 and 3, Section I and Clause 4, Section II) and Appendix No. 03 (Section V) to Decree No. 12/2006/ND-CP as follows:
A. GENERAL PROVISIONS ON MANAGEMENT OF IMPORTS AND EXPORTS SUBJECT TO SPECIALIZED MANAGEMENT BY THE CULTURE AND INFORMATION MINISTRY
1. Imported and exported goods and equipment on the list of goods subject to specialized management by the culture and information branch fall into a particular business domain governed by the Press Law, the Publication Law, the Cultural Heritage Law and other legal documents on culture and information.
2. The import and export of specialized culture and information goods not for commercial purposes (non-commercial goods) shall comply with the Government’s Decree No. 88/2002/ND-CP of November 7, 2002, on management of import and export of cultural products not for commercial purposes.
3. The overseas publication and dissemination of works shall comply with the Government’s Decree No. 72/2000/ND-CP of December 5, 2000, on overseas publication and dissemination of works.
4. The writing and use of HS codes:
4.1. HS codes specified in the List of Imports and Exports promulgated together with the Finance Minister’s Decision No. 82/2003/QD-BTC of June 13, 2003, and the Preferential Import Tariff promulgated together with the Finance Minister’s Decision No. 110/2003/QD-BTC of July 25, 2003, aim to identify names, describe categories and classify headings and subheadings of imports and exports. HS codes in the List of Imports and Exports and the Preferential Import Tariff do not provide for contents of or ownership over goods.
Therefore, the determination of whether specialized culture and information goods with the same HS code (books, newspapers, films, tapes, disks, fine-art works, relics, antiques, etc.) are permitted for or banned from import or export must be based on the verification of contents or ownership over such goods.
4.2. For goods which cannot be determined to belong to which specific HS codes in the Import and Export Tariffs even after their HS codes have been identified, or which have no HS codes, import or export procedures shall be carried out with samples of such goods to be taken for expertise by specialized management agencies in service of HS code-based classification.
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