Time limit for granting licenses to import books and newspapers?
1. Conditions for doing business in importing books from abroad to Vietnam.
Pursuant to the provisions of Article 38 Publishing Law 2012 There are regulations on licensing the business of importing publications as follows:
Domestic organizations and individuals, foreign organizations and individuals may import publications into Vietnam in accordance with Vietnamese law and in accordance with international treaties to which the Socialist Republic of Vietnam is a party. member. Establishments operating in the business of importing publications, hereinafter referred to as establishments importing publications, must have a license to operate the business of importing publications issued by the Ministry of Information and Communications.
Accordingly, the conditions for granting a license to import publications include:
- Have one of the following types of business registration certificate, enterprise registration certificate, investment certificate as prescribed by law;
- The head of a publication import facility must permanently reside in Vietnam, have a diploma issued by a specialized training facility or a certificate of professional knowledge training in publishing publications issued by the Ministry of Information and Communications. pass level;
- Have a team of qualified staff to evaluate book content in case of book import business.
2. Time limit for granting business licenses to import books from abroad to Vietnam
Pursuant to Clauses 4 and 5, Article 38 Publishing law There are regulations on application dossiers for issuance of licenses for business activities of import and export of publications and the time limit for issuance of licenses for business activities of import and export of publications as follows:
Firstly, the application dossier for licensing import and publishing business activities includes:
- Application for a license to operate the business of importing publications;
- A certified copy of one of the documents specified in Point a, Clause 3 of this Article;
- Curriculum vitae of the head of the publication import facility, accompanied by a certified copy of the diploma or certificate specified herein, that the head of the publication import facility must permanently reside in Vietnam. , have a diploma issued by a specialized training facility or a certificate of professional knowledge training in publishing publications issued by the Ministry of Information and Communications;
Second, the time limit for granting licenses to import publications is as follows: Within 30 days from the date of receiving the license application, the Ministry of Information and Communications must issue the license. publishing import business activities; In case the license is not granted, there must be a written response clearly stating the reason.
The license to operate the business of importing publications is reissued in case it is lost or damaged. Re-issuance of licenses is carried out as follows:
- The establishment importing publications must submit an application for re-issue of license to the Ministry of Information and Communications with a copy of the issued license (if any);
- Within 15 days from the date of receipt of complete documents, the Ministry of Information and Communications must re-issue the license to operate the business of importing publications; In case the license is not re-issued, there must be a written response clearly stating the reason.
Thus, based on the above regulations, within 30 days from the date of receiving the application for a license, the Ministry of Information and Communications must issue a license to operate the business of importing publications; In case the license is not granted, there must be a written response clearly stating the reason. Within 15 days from the date of receipt of complete documents, the Ministry of Information and Communications must re-issue the license to operate the business of importing publications; In case the license is not re-issued, there must be a written response clearly stating the reason.
3. Time limit for granting licenses to import cultural products (books, newspapers).
Legal grounds:Decree 32/2012/ND-CP
Individuals and organizations importing cultural products in the cases specified in Article 8 of this Decree shall submit applications for licenses by mail or directly at the headquarters of the state management agency in charge of culture. authorized sports and tourism according to regulations.
Dossier to request a license includes:
- An application for a license from an individual or organization, clearly stating the type of cultural product, content, quantity, origin, purpose of use and scope of use (application form issued by the Ministry of Culture and Sports). Sports and Tourism issued uniformly throughout the country);
- Copyright certificate; contract; a summary translation in Vietnamese of the film content and a written commitment to take responsibility for the imported film content that does not violate the provisions of law; authorization letter; certify or commit to legal ownership of relics and antiquities
- Copy of bill of lading or receipt notice, if any.
The state management agency in charge of culture, sports and tourism receiving the application must be responsible for checking the validity of the application, writing a receipt and setting a time to return the permit.
Within 02 working days from the date of receipt of complete and valid documents, the licensing authority must issue the license.
For cultural products that are films: Within 03 working days from the date of receipt of complete and valid documents, the licensing authority must issue a license.
In case the Ministry of Culture, Sports and Tourism needs to seek opinions from relevant ministries and branches to decide on import licensing, the licensing period may be extended but must not exceed 10 working days.
In case a license is not granted, there must be a document clearly stating the reason.
The maximum time for inspection of imported cultural products is no more than 12 working days. For cultural products that are films: The film appraisal time is no more than 12 working days from the date the organization provides the film copy.
The permit to import cultural products from the competent state management agency in charge of culture, sports and tourism is the basis for the Customs agency to carry out import procedures.
The Customs authority carries out procedures to import cultural products in the following cases without requiring a license from the state management agency in charge of culture, sports and tourism:
- Cultural products are documents serving international seminars and conferences that have been permitted by Vietnamese competent authorities to be held in Vietnam. Documents permitting the organization of international seminars and conferences are the basis for Customs authorities to handle import procedures;
- Cultural products that have been licensed to be announced, disseminated, and released by competent agencies according to the provisions of Vietnamese law;
- Cultural products are movable property of individuals and organizations;
- Cultural products in the carry-on luggage of people entering the country;
- Cultural products are valuable gifts or donations that meet tax exemption standards according to the provisions of law.
In case it is necessary to assess the content of cultural products in Clause 2, the Customs office where import procedures are carried out shall request assessment from the state management agency in charge of culture, sports and tourism. The inspection record is the basis for the Customs agency to handle import procedures.
Thus, the fact that the Department of Culture, Sports and Tourism of your province replied that the resolution period is 15 days is not in accordance with the law. Therefore, your company can request the Department of Culture, Sports and Tourism to reconsider the settlement deadline