THE MINISTRY OF INFORMATION AND COMMUNICATIONS -------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 03/2015/TT-BTTTT	Hanoi, March 6, 2015

 

CIRCULAR

ON GUIDANCE ON THE DECREE NO. 60/2014/NĐ-CP DATED JUNE 19, 2014 OF THE GOVERNMENT ON PRINTING

Pursuant to the Decree No. 60/2014/NĐ-CP dated June 19, 2014 of the Government on printing;

Pursuant to the Decree No. 132/2013/NĐ-CP dated October 16, 2013 of the Government defining the functions, tasks, entitlements and organizational structure of the Ministry of Information and Communications;

At the request of Director of Department of Publishing and Printing,

The Minister of Information and Communications issues a Circular on guidance on the Decree No. 60/2014/NĐ-CP dated June 19, 2014 of the Government on printing.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular promulgates guidance on the Decree No. 60/2014/NĐ-CP dated June 19, 2014 of the Government on printing (hereinafter referred to as the Decree No. 60/2014/NĐ-CP).

Article 2. Receipt of dossiers and processing of administrative procedures for printing

1. Regarding administrative procedures within competence to process of the Ministry of Information and Communications prescribed in the Decree No. 60/2014/NĐ-CP and this Circular, the Department of Publishing and Printing shall receive dossiers and process them within their functions, tasks and power.

2. Regarding administrative procedures within competence to process of the People’s Committees of central-affiliated cities and provinces (hereinafter referred to as the provinces) prescribed in the Decree No. 60/2014/NĐ-CP and this Circular, the Services of Information and Communications shall receive dossiers and process them within their functions, tasks and power.

Article 3. Responsibility for provision of refresher courses in legal knowledge and professional competence in printing

1. The Department of Publication, Printing and Releasing shall take charge and cooperate with relevant agencies or units in provision of refresher courses in legal knowledge and professional competence in printing nationwide.

2. The Services of Information and Communications of provinces shall take charge and cooperate with relevant agencies or units in provision of refresher courses in legal knowledge and professional competence in printing in the provinces.

Article 4. Periodical reports on printing and photocopying services prescribed in Article 8 of the Decree No. 60/2014/NĐ-CP

1. Entities required reporting and receiving body:

a) Printing facilities providing prepress, press and post press check services in the central government shall send reports (using form) to the Ministry of Information and Communications (via the Department of Publishing and Printing);

b) Printing facilities providing prepress, press and post press check services in the local government shall send reports (using forms) to the Service of Information and Communications;

c) Photocopying facilities which are enterprises must send reports (using forms) to the Office of Culture and Communication of districts (or towns);

Photocopying facilities which are households must send reports at the request of the competent agency;

d) The Service of Information and Communications shall release statistics on printing or photocopying services; state management of printing or photocopying services and send reports (using forms) to the Ministry of Information and Communications (via the Service of Information and Communications).

2. Figures of reporting period:

a) Figures of the first biennial reports  shall be determined from January 1 to June 30 of the reporting year;

b) Figures of the annual reports shall be determined from January 1 to December 31 of the reporting year.

3. Deadlines for reports:

a) The entities prescribed in Point a, b and c Clause 1 of this Article (excluding photocopying facilities which are households) must send the first biennial reports by the July 10 of the reporting year and send the annual report by the January 10 of the year succeeding the reporting year;

b) The Service of Information and Communications must send the first biennial reports by the July 15 of the reporting year and send the annual reports by the January 15 of the year succeeding the reporting year.

4. Forms and methods of sending reports:

a) A report shall be made on paper bearing the stamp and signature of the Head of the agency or the organization or the signature of the individual required reporting;

b) The report may be sent: by post, fax, directly, via email on Internet;

 If the report is sent via email on the Internet, it must be a Word or Excel file and enclosed with Pdf file and scanned from paper document for comparison in order to ensure the accuracy of the report.

Article 5. Interdisciplinary agencies in charge of prevention and solutions for violations against regulations on printing prescribed in Clause 7 Article 5 and Point d Clause 1 Article 7 of the Decree No. 60/2014/NĐ-CP

1. The interdisciplinary agency is an agency which cooperates the operation of relevant agencies in charge of prevention and solutions for violations against regulations on printing.

2. The interdisciplinary agency of central government (hereinafter referred to as interdisciplinary association) consisting of the representatives of the Ministry of Information and Communications; the Ministry of Public Security; the Ministry of Industry and Trade; the Ministry of Finance; the Ministry of Culture, Sports and Tourism and relevant Ministries or agencies shall be established or given regulations by the Minister of Information and Communications.   Operation funding of the interdisciplinary association shall be allocated by the budget of the Ministry of Information and Communications.

The standing agency of the interdisciplinary association is the Department of Publish and Releasing (the Ministry of Information and Communications);

3. The interdisciplinary agency of local government (hereinafter referred to as interdisciplinary group) shall established, given regulations and allocated budget by the People’s Committees of provinces.

Chapter II

PRINTING

Article 6. Guidance on Point b Clause 1 Article 11 of the Decree No. 60/2014/NĐ-CP on required printing devices to perform step(s) of prepress, press or post press check

If a printing facility performs one of steps of prepress, press, or post press check, it must have equivalent printing devices:

1. Prepress step: The printing facility must have at least one of following devices: imagesetter, platesetter, plate making machine;

2. Press step: The printing facility must have printer(s);

3. Post press check: The printing facility must have Paper trimming machines and at least one of the devices: book binding machines (wire stitching or thread sewing), saddle stitchers, combination lines for finishing printed products or other devices conformable with the processed products.

Article 7. Procedure for revocation of operation license for printing prescribed in Clause 2 Article 13 of the Decree No. 60/2014/NĐ-CP

1. The operating license for printing of the printing facility is only revoked if the printing facility has been undergone the inspection of inspectors in charge of information and communications.

2. The competent agency or person shall carry out the inspection at the premises of the printing facility then make a record. Within 05 working days, from the date on which the record is made, the competent agency or person carrying out the inspection shall send a report to the authority issuing the operation license for printing.

3. Within 05 working days, from the date on which the written request of the competent agency or person as prescribed in Clause 1 of this Article , the Department of Publishing and Printing shall request the printing facility to eliminate the causes of revocation of operating license for printing in writing within 30 days.

After 30 days, if the printing facility fails to eliminate the causes of revocation of operating license for printing, the Department of Publishing and Printing or the Director of the Service of Information and Communications shall issue a decision on revocation of operating license for printing and request the printing facility to return that license.

4. The procedures for revocation of operating license for printing prescribed in Point b, c and d Clause 2 Article 13 of the Decree No. 60/2014/NĐ-CP.

The Director of the Department of Publishing and Printing or the Director of the Service of Information and Communications shall issue a decision on revocation of operating license for printing and request the printing facility to return that license in the following cases:

a) The printing facility fails to provide adequate devices and send the invoices of purchase or lease purchase of devices prescribed in Point c Clause 2 Article 12 of the Decree No. 60/2014/NĐ-CP after 06 months from the date of issue of operating license for printing,;

b) The printing facility has not operated for more than 12 months from the date of issue of operating license for printing;

c) The printing facility shuts down or be divided, acquired, dissolved, or goes bankruptcy.

Article 8. Archive and management of dossiers related to products already accepted for prepress, press and post press check prescribed in Clause 5 Article 15 of the Decree No. 60/2014/NĐ-CP

The Head of the printing facility must archive and manage the dossiers products already accepted for prepress, press or post press check within 24 months from the date on which a contract of printing is concluded. The dossier required to archive shall include:

1. An original of the permit for printing ordered by the foreign entities issued by the Department of Publishing and Printing or the Service of Information and Communications.

2. An original of the contract of prepress, press or post press check or the printing order prescribed in Clause 1 Article 16 of the Decree No. 60/2014/NĐ-CP.

3. A draft of the printed products bearing the stamp or signature of the organization or individual placing the order, which is archived in one of following forms: a draft on the normal paper; a printed draft on the tracing paper; a printed draft on the film; an electric draft stored in CD disc, CD-ROM, USB, hard drive or other data storage devices.

4. Other documents related to printed products prescribed in Article 17, 18, 19, 20, 21 and 22 of the Decree No. 60/2014/NĐ-CP.

5. A record of printed forms already accepted for prepress, press, or post press check with full information.

Article 9. Guidance on types of printing devices required import permit prescribed in Clause 1 Article 27 of the Decree No. 60/2014/NĐ-CP

1. The imagesetters, platesetters or plate making machine are machines specially used for prepress in the printing progress.

2. The digital printers with up to print speeds 50ppm on A4 or A3.

3. Offset, flexo, copper roller printing machines; screen printing machines;

4. Paper trimming machines, book folding machines, book binding machines (wire stitching or thread sewing), saddle stitchers, combination lines for finishing printed products (two steps or more).

5. Color copiers or multifunction printers incorporating color copiers.

Article 10. Use, registration or transfer of color copiers or multifunction printers incorporating color copiers prescribed in Clause 2, 3 and 4 Article 30 of the Decree No. 60/2014/NĐ-CP

1. The multifunction printers incorporating color copiers prescribed in Point b Clause 1 Article 30 of the Decree No. 60/2014/NĐ-CP shall be used as follows:

a) Any multifunction printer incorporating color copier with print and copy speeds up to 50ppm which is used in the printing facility meeting all requirements pertaining to printing;

b) Any multifunction printer incorporating color copier with print and copy speeds under 50ppm which is used in the printing facility meeting all requirements pertaining to printing and it is used similarly to a color copier prescribed in Point a Clause 2 Article 30 of the Decree No. 60/2014/NĐ-CP.

2. Registration of printer

Before the color copiers or multifunction printers incorporating color copiers are put into operation, they must be registered with the Service of Information and Communications of province. Registration application includes:

a) An application form for registration of printers as prescribed;

b) A copy with their original for comparison or a certified true copy if the application is sent by post, a import permit issued by the Department of Publishing and Printing; the documents ensuring the legal status of the agency or organization registering the printer(s); a contract and invoice of purchase of printer or documentary evidence for lease purchase of printer(s);

c) An application form for transfer of printer(s) ( regarding printers registered for use) which is/are certified by the Service of Information and Communications where the printer has been registered.

3. Transfer of printers

When the agency or organization transfers color copiers or multifunction printers incorporating color copiers, they must send an application to the Service of Information and Communications where the printers/copiers have been registered. The application includes:

a) 02 application forms for transfer of printers/copiers using the forms as prescribed;

b) A copy with their original for comparison or a certified true copy if the application is sent by post; the documents ensuring the legal status of the agency or organization transferring the printers/copiers;

c) An original of certification of registered printers/copiers;

d) Within 05 working days, from the date on which the application is received, the Service of Information and Communications must certify in the application for transfer, send 01 copy back to the applicant, keep 01 copy in record and update the information about the change in their management data, if the application is rejected, they must provide explanation in writing.

4. Liquidation of printers/copiers

If the agency or organization liquidates their color copiers or multifunction printers incorporating color copiers, they must send a notification to the Service of Information and Communications where the printers/copiers have been registered and send the certification of registration back.

Chapter III

IMPLEMENTATION

Article 11. Issuance of forms

An Appendix consisting of 24 forms used in the printing shall be issued together with this Circular.

Article 12. Effect

1. This Joint Circular shall come into force from May 1, 2015.

2. The following legislative documents shall be annulled, from the effective date of this Circular:

a) The Circular No. 04/2008/TT-BTTTT dated July 9, 2008 of the Minister of Information and Communications on guidance on the Decree No. 105/2007/NĐ-CP dated June 21, 2007 of the Government on printing of products other than publication;

b) The Circular No. 22/2010/TT-BTTTT dated October 6, 2010 of the Minister of Information and Communications on organization and operation of printing; amendments to the Circular No. 04/2008/TT-BTTTT dated July 9, 2008 and the Circular No. 02/2010/TT-BTTTT dated January 11, 2010 of the Minister of Information and Communications.

3. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Information and Communications for consideration./.

 

MINISTER OF INFORMATION AND COMMUNICATIONS Nguyen Bac Son