MINISTRY OF INFORMATION AND COMMUNICATIONS
No.: 03/2015/TT-BTTT / SOCIALIST REPUBLIC OF VIETNAM
Independence-Freedom-Happiness
Hanoi, March 06, 2015

CIRCULAR

Particular regulation and guideline for the implementation of some articles, clauses of Government’s Decree No. 60/2014/ND-CP dated June 19, 2014 on regulating printing operation

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Pursuant to Government’s Decree No. 60/2014/ND-CP dated June 19, 2014 on regulating printing operation;

Pursuant to Government’s Decree No. 132/2013/ND-CP dated October 16, 2013 on regulating function, mission, jurisdiction and organization structure of Ministry of Information and Communications;

Pursuant to the proposal of Director of Agency of Publication, Print and Release,

Ministry of Information and Communications issues Circular on particular regulation and implementation guideline for some articles, clauses of Government’s Decree No. 60/2014/ND-CP dated June 19, 2014 on regulating printing operation.

Chapter I

GENERAL REGULATIONS

Article 1. Adjustment scale

This Circular regulates particularly and guide implementation of some articles, clauses of Government’s Decree No. 60/2014/ND-CP dated June 19, 2014 on regulating printing operation (hereinafter abbreviated as Decree No.60/2014/ND-CP).

Article 2. Receive files and solve administrative procedures in printing operation

1.  For the printing operations under the jurisdiction of the Ministry of Information and Communications regulated in Decree No. 60/2014/ND-CP and this Circular, Agency of Publication, Print and Release is responsible for receiving files and solve according to function, mission, jurisdiction assigned.

2.  For administrative procedures under the jurisdiction of People's Committees of provinces and centrally-run cities (hereinafter abbreviated as provincial People's Committee) regulated in Decree No. 60/2014/ND-CP and this Circular, Department of Information and Communications is responsible for receiving files and solve according to function, mission, jurisdiction assigned.

Article 3. Responsibility for organizing training and improvement of legal knowledge, professional knowledge in printing operation

1.  Agency of Publication, Print and Release chairs and coordinates with concerned agencies and units to organize training, improvement of legal knowledge, professional knowledge in printing operation nationwide.

2.  Department of Information and Communications of provinces and centrally-run cities chairs and coordinates with concerned agencies and units to organize training, improvement of legal knowledge, professional knowledge in printing operation locally.

Article 4: Periodic reporting system for printing, photocopying services regulated in Article 8 of Decree No. 60/2014/ND-CP

1.  Subjects implement reporting system and place of sending report:

a)  Central facility of pre-pressing, printing, post-press processing must report in writing (as form) to Department of Information and Communications;

b)  Local facility of pre-pressing, printing, post-press processing must report in writing (as form) to Department of Information and Communications;

c)  Photocopying service facility which is an enterprise must report in writing (as Form) to Department of CultureandInformation of county (district and town);

Photocopying service facility which is a household must report as required by competent state management agencies;

d)  Department of Information and Communications is responsible for statistic, generalization on printing and photocopying operations; state management on local printing and photocopying operations and has written report (as form) to Ministry of Information and Communications (via Agency of Publication, Print and Release).

2.  Data of the reporting period:

a)  For the first 6 - month report, report data is counted from January 01 to June 30 of reporting year;

b)  For the year report, report data is counted from January 01 to December 31 of reporting year.

3.  Deadline of sending report:

a)  The subjects regulated in Items a, b and c – Clause 1 in this Article (except for photocopying service facility as household) must send the latest the first 6-month report by July 10 of reporting year and send the latest year report by January 10 of year after reporting year;

b)  Department of Information and Communications must send the latest the first 6-month report by July 15 of reporting year and send the latest year report by January 15 of year after reporting year;

4.  Form and Method of sending report:

a)  The report is expressed in the form of paper document with seal, signature of Head of agency, organization or signature of individual implementing reporting system;

b)  Report sending is performed in one or many ways: Via post office, fax, submitting directly, sending through Internet by e-mail;

In case of sending through Internet by e-mail, reporting document is the files with Word or Excel format and attaches scanned PDF format from paper document to compare, collate the accuracy of reporting information.

Article 5: Interdisciplinary organization on prevention of law violations in printing operation regulated in Clause 7, Article 5 and Item d, Clause 1, Article 7 of Decree No. 60/2014/ND-CP

1.  Interdisciplinary organization is organization coordinates with operation of concerned agencies to prevent law violations in printing operation.

2.  Central interdisciplinary organization ( is abbreviated as Interdisciplinary group) includes the representative of agencies: Ministry of Information and Communications, Ministry of Public Security, Ministry of Industry and Trade, Ministry of Finance, Ministry of Culture, Sports and Tourism and other concerned Ministries, departments established and promulgated regulations by Minister of Ministry of Information and Communications.

Permanent agency of Central Interdisciplinary group is Agency of Publication, Print and Release (Ministry of Information and Communications);

3.  Local interdisciplinary organization (is abbreviated as Interdisciplinary team) is established, promulgated regulations, allocated operating budget by People's Committees of provinces and centrally-run cities.

Chapter II

PRINTING OPERATION

Article 6: It must have particular regulation on Item b, Clause 1, Article 11 of Decree No. 60/2014/ND-CP on printing devices to perform one or multi-stages of pre-pressing, printing, post-press processing

Printing facility performs one or multi-phases of pre-pressing, printing, post-press processing must have the relevant device for each stage:

1.  For pre-pressing stage: Printing facility must have at least one of these devices: film imaging machine, zinc imaging machine, form printing machine;

2.  For printing stage: Printing facility must have printer;

3.  For post-press processing stage: Printing facility must have paper cutting machine and have at least one of these devices: Book binding machine (steel binding or thread- stitching), casing – in machine, double headed stapler machine, conjugated chain finishing printed products or suitable devices for processed products.

Article 7: The order and procedures for revoking printing operation license regulated in Clause 2, Article 13 of Decree 60/2014/ND-CP

1.  The determination of printing facility revoked printing operation license must be conducted through the examination and inspection of information and communications major.

2.  Competent agencies and persons conduct examination, inspection in printing facility and make a record. Within 05 working days, since the day of making the record, competent agencies and persons conduct examination, inspection have written report to agency which issued printing operation license

3.  Within 05 working days, since the day of receiving request document of competent agencies and persons regulated in Clause 1, this Article, Agency of Publication, Print and Release must have document requesting printing facility to fix the cause of revoked printing operation license within 30 days.

Over 30 days, if printing facility couldn’t fix the cause of revoked printing operation license, Director of Agency of Publication, Print and Release or Manager of Department of Information and Communications make the decision to revoke printing operation license and require printing facility return the issued license.

4.  Procedures on revoking printing operation license for the case regulated in Items b, c and d, Clause 2, Article 13 of Decree No. 60/2014/ND-CP.

Director of Agency of Publication, Print and Release or Manager of Department of Information and Communications must make the decision to revoke printing operation license and require printing facility return the issued license in the following situations:

a)  Over the expiry of 6 months since the day of printing operation license; however, printing facility doesn’t invest enough device and doesn’t send a copy of purchase voucher, lease-purchase voucher of device regulated in Item c, Clause 2, Article 12 of Decree No. 60/2014/ND-CP;

b)  Over 12 months since the day of printing operation license; however, printing facility doesn’t operate;

c)  Printing facility terminates operation or separates, merges, dissolve, goes bankruptcy.

Article 8: Save, manage files relating to products receive pre-pressing, printing, post-press processing regulated in Clause 5, Article 15 of Decree No. 60/2014/ND-CP.

The head of printing facility must save and manage files relating to products receive pre-pressing, printing, post-press processing within 24 months, since the days of signing printing contract. The file which must be saved includes:

1.  The original copy of process printing license for foreign country of Agency of Publication, Print and Release or Manager of Department of Information and Communications for process printing products for foreign country.

2.  The original copy of contract on pre-pressing, printing, post-press processing or printing order regulated in Clause 1, Article 16 of Decree No. 60/2014/ND-CP.

3.  Manuscripts (templates) of printing ordered product are sealed or signed of organizations, individual who have printing ordered product saved in one of the types: Manuscript on normal paper, manuscript printed on tracing paper, manuscript printed on film; electronic manuscript is file contained in the CD disk, CD-ROM disk, USB, hard drive or other data storage devices.

4.  The papers relating to printing ordered product are regulated in Articles 17, 18 , 19, 20, 21 and 22 of Decree No. 60/2014/ND-CP.

Article 9: Detailed regulation on printing device type must have import license in Clause 1, Article 27 of Decree No. 60/2014/ND-CP

1.  Film imaging machine, zinc imaging machine, form printing machine specialize in serving pre-pressing stage in printing operation.

2.  Printer using digital technology has speed of over 50 sheets/min in A4 or A3 size print format.

3.  Printer using printing technology of offset, flexography, gravure; screen (silk) printer

4.  Paper cutting machine, book (paper) folding machine, book binding machine (steel binding or thread- stitching), casing – in machine, double headed stapler machine, conjugated chain finishing printed products (from two or more stages).

5.  Color photocopying machine, printer has function of color photocopying.

Article 10: Use, register, transfer color photocopying machine, printer having function of color photocopying is regulated in Clauses 2, 3 and Clause 4, Article 30 of Decree No. 60/2014/ND-CP

1.  Use printer having function of color photocopying regulated in Item b, Clause 1, Article 30 of Decree No. 60/2014/ND-CP as follows:

a)  Printer having function of color photocopying has speed of over 50 sheets/min is only used for manufacture in printing facilities having printing operation eligibility;

b)  Printer having function of color photocopying has speed of 50 sheets per minute or less is only used for manufacture in printing facilities having printing operation eligibility and is used as color photocopying machine, which is regulated in Item a, Clause 2, Article 30 of Decree No. 60/2014/ND-CP.

2.  Register for using machine

Before using color photocopying machine, printer has function of color photocopying; they must be registered to Local Department of Information and Communications. Registration file includes:

a)  Application of using machine prescribed form;

b)  Copy has original copy to compare or certified copy if sent by post office, delivery of machine import license issued by Agency of Publication, Print and Release; papers ensures legal status of agency, organization registering to use the machine; contract and purchase invoice or lease-purchase voucher of machine;

c)  Transfer proposal application (for the machines registered using) has confirmation of Department of Information and Communications where registers that machine.

3.  Transfer machine

Agency/ organization which uses color photocopying machine, printer having function of color photocopying must have file sending to Department of Information and Communications (place of registering that machine) when transferring. The file includes:

a)  Transfer proposal application prescribed form (2 copies);

b)  Copy has original copy to compare or certified copy if sent by post office, delivery of papers ensuring legal status of agency, organization transferred machines;

c)  Original copy of certificate of having registered that machine;

d)  Within the expiry of 5 working days, since the day of receiving transfer proposal application of machine, Department of Information and Communications must certifies into transfer application, returns 01 copy to agency, organization requesting machine transfer, 01 saved in file and updates machine registration change in management data, in case of not certifying, it is required to have a certification document to express reason.

4.  Machine liquidation

Agency/ organization which uses color photocopying machine, printer having function of color photocopying, when liquidate, must have written notification to Department of Information and Communications - place of registering that machine; at the same time, resubmit machine registration certificate.

Chapter III

ENFORCEMENT ARTCICLE

Article 11: Promulgate form

Promulgate accompanying this Circular 01 appendix including 24 forms, forms used in printing operation.

Article 12: Enforcement effect

1.  This Circular takes effect since May 01, 2015.

2.  The following legal documents expire, since the day this Circular takes effect:

a)  Circular No. 04/2008/TT-BTTTT dated July 09, 2008 of Minister of Ministry of Information and Communications guide implementation on some contents of Decree No. 105/2007/ND-CP dated June 21, 2007 of Government on printing operation of non-publication products;

b)  Circular No. 22/2010/TT-BTTTT dated October 06, 2010 of Minister of Ministry of Information and Communications regulates on printing organization and operation; amends, supplements some regulations of Circular No. 04/2008/TT-BTTTT dated July 09, 2008 and Circular No. 02/2010/TT-BTTTT dated January 01, 2010 of Minister of Ministry of Information and Communications.

3.  In the course of implementation, if any problems arise, agency, organization and individual should report in writing to the Ministry of Information and Communications for consideration and settlement.

Receiving place:
-  Prime Minister, Deputy Prime Ministers;
-  Office of the Party Central Committee;
-  Congress office;
-  Prime minister's office;
-  Government office;
-  Officials and ministerial-level agencies, Government agencies
-  Central authorities of the Unions;
-  People's Councils, People’s Committees of provinces and centrally-run cities;
-  Department of Information and Communications of provinces and centrally-run cities;
-  Department of legal document checking (Ministry of Justice);
-  Ministry of Information and Communications: Minister, the Deputy Ministers, the units of the Ministry;
-  Save: Documents, Agency of Publication, Print and Release, Information department. / MINISTER
(Signed and sealed)
Nguyen Bac Son


APPENDIX