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PUBLISHING LAW
Pursuant to the Constitution of the Socialist Republic of Vietnam 1992 which has been amended and supplemented by a number of articles under Resolution No.51/2001/QH10;
The National Assembly hereby promulgates the Publishing Law
Chapter 1
GENERAL PROVISIONS
Article 1. Scope of adjustment
This law provides for the publishing organization and activities; rights and obligations of agencies, organizations and individuals involved in publishing activities.
Publishing activities, including the fields of publishing, printing and release of publications.
Article 2. Subject of application
This law applies to agencies, organizations, individuals and foreign organizations operating in Vietnam, foreign individuals residing in Vietnam related to publishing activities.
Article 3. Location, purpose of publishing activities
Publishing activities in the field of culture and ideology in order to disseminate and introduce knowledge in the fields of social life, national cultural values and cultural essence of humanity, to meet the needs of people’s spiritual life, to raise the people’s intellect and moral development and good lifestyle of Vietnamese people, to expand cultural exchanges with other countries, socio-economic development and fight against all thoughts and behavior detrimental to the national interests and contribute to the construction and defense of the Socialist Republic of Vietnam.
Article 4. Explanation of terms
In this Law, the terms below are construed as follows:
1. Publishing is the organization and development of manuscript to be edited into templates for printing and release directly through the electronic media.
2. Printing is the use of printing equipment to create publications from the template.
3. Release is the adoption of one or more forms of buying, selling, allocation, donation, leasing, lending, export, import, fair and exhibition to bring publications to users.
4. Publication is a work and documents on politics, economics, culture, society, education and training, science, technology, literature, art which are published through publisher or agency, organization is issued publishing license in different languages, images, sounds, and are expressed in the following forms:
a) Printed books
b) Braille books;
c) Paintings, photographs, maps, posters, flyers and leaflets
d) Types of calendar;
e) Audio and video recording with the content for substitution of book or illustration for books
5. Manuscript is handwritten, typed copy or created by electronic media of a work, document for publishing.
6. Editing is the review and improvement of the content and form of the manuscript for publication.
7. Non-business document is a publication is not intended to buy, sell
8. Electronic publishing is the organization and development of manuscript to be edited into templates and use of electronic media to create electronic publications.
9. Electronic publication the one specified at Points a, c, d, e, Clause 4 of this Article shall be formatted digitally and read, listened and viewed by electronic media.
10. Electronic media as media operating based on electrical, electronic, digital, magnetic, optical and wireless transmission technology or similar technology specified in Clause 10, Article 4 of the Law on electronic transaction.
11. Method of publication and release of electronic publication is the publishing and release of publications on the electronic media.
12. Legal deposit is the submission of publication for storage, comparison, examination and appraisal.
Article 5. Ensure the right of dissemination of work and protection of copyright and related rights
1. The State shall ensure the right of dissemination of work in the form of publications through the publisher and protection of copyright and related rights.
2. The State shall not censor works before publication.
3. No agency, organization or individual is allowed to abuse the right to disseminate works to damage the interests of the State, the legitimate rights and interests of agencies, organizations and individuals.
Article 6. State management on publishing activities
1. State management content on publishing activities includes:
a) Developing and organizing the implementation of strategy, planning, policy of publishing activity development; issuing under the competence the legal normative documents regarding publishing activities and copyright in the publishing activities;
b) Organizing the reading, examination and appraisal of legal deposit publications;
c) Issuing and revoking types of license in publishing activities;
d) Scientific research and technological application in publishing activities; training and fostering profession on publishing activities;
e) International cooperation in publishing activities;
f) Inspecting, investigating and settling complaints and denunciations and handling of violations of the law in publishing activities;
g) Implementing regulation on information, report, statistic, and the emulation and commendation in publishing activities; selecting and giving awards for publications of high value.
2. Government shall perform the unified state management of publishing activities nationwide;
The Ministry of Information and Communications is responsible before the Government for the implementation of state management on publishing activities.
The ministries, ministerial-level agencies shall coordinate with the Ministry of Information and Communications to perform the State management on the publishing activities within its authority.
People’s Committees of centrally-affiliated provinces and cities (hereinafter referred to as provincial-level People’s Committees) shall perform the State management on the publishing activities at locality.
Article 7. State policy for publishing activities
1. The State has strategy, development planning of network of publishers, printing and establishment of publication release, support of training of human resources; tax incentives prescribed by law for the publishing activities, policies to attract social resources involved in publishing activities.
2. State policy for the publishing field:
a) Supporting investment fund for the construction and modernization of material facilities, application and transfer of advanced technology and technique to publishers to serve the tasks, subjects and areas as specified at Point b of this Clause;
b) Placing an order to have manuscripts and publish works and materials to serve the task of politics, security, national defense, external information and serve people in ethnic minority areas,the areas with socio-economic conditions of particular difficulty, the remote, mountainous, border and island area, the youngster, children, the blind and other critical tasks;
c) Buying manuscript for valuable works but the publishing time is not appropriate or restrictions of subject of use; supporting to buy copyrights for domestic and foreign works which have value for social, cultural and economic development;
d) Favouring loan interest in accordance with the law.
3. State policy for the field of printing of publication:
a) Supporting fund for the construction investment and modernization of infrastructure, application and transfer of advanced technology and technique to printing facilities in service of tasks of politics, security, national defense, external information and printing facilities in remote, mountainous, border and island areas;
b) Favouring land lease rent for workshop building and loan interest rates for the printing facilities in service of the politics, security, national defense, external information and printing facilities in remote, mountainous, border and island areas,.
4. State policy in the field of publishing of publication:
a) Priority is given to the investment in land fund and expenditure to build infrastructure for the system of establishment of publication release in the areas with socio-economic conditions of particular difficulty, the remote, mountainous, border and island areas,
b) Supporting freight charges of publications in service of tasks, subjects and areas specified at Point b, Clause 2 of this Article;
c) Supporting fund for organization, operation and promotion of Vietnamese culture and people through publication, organization of exhibitions, fairs of publications in the country and abroad;
d) Favouring land lease and house rent under state ownership, loan interest rate for establishment of publication release.
5. State policy for the publishing and release of electronic publications:
a) Supporting fund for the construction investment, modernization of infrastructure and application advanced technology and technique for publishing electronic publications;
b) Developing the specification data information system of electronic publications in order to create favorable conditions for searching, accessing, managing and archiving electronic publications.
6. The Government shall detail this Article in accordance with each stage of development of publishing activities.
Article 8. Establishment of representative office in Vietnam of foreign publishers and publication release organizations
1. Foreign publishers and publication release organizations (including enterprise and organization established abroad with multidisciplinary and multi-sector operation including publishing and publication release) are allowed to establish representative office in Vietnam after the Ministry of Information and communication issue license.
2. The Government shall specify the conditions for the establishment and operation contents and procedures for the issuance, renewal, re-issuance and extension of establishment license of representative office in Vietnam of foreign publishers and publication release organizations
Article 9. Complaints and denunciations in publishing activities
The complaints and denunciations in publishing activities shall comply with the provisions of law on complaints and denunciations.
Article 10. Contents and behaviors prohibited in publishing activities
1. Seriously prohibiting the publishing, printing and release of publications with the following contents:
a) Conducting propaganda against the Socialist Republic of Vietnam and destroying the unity of the whole nation;
b) Conducting propaganda and incitement war of aggression, causing hatred between nations and peoples; conducting incitement of violence; spreading reactionary ideology, obscence and depraved lifestyle, criminal acts, social evils, superstition and destruction of habits and customs;
c) Disclosing the state secrets, personal secrets and other secrets prescribed by law;
e) Distorting historical truth, denying revolutionary achievements; offending nation, well-known persons, national heroes; failing to express or properly express sovereignty; slandering and insulting the reputation of the agency, organization and dignity of the individual.
2. It is strictly forbidden to perform the following acts:
a) Publishing without registration and publishing decision or publishing license;
b) Changing, distorting the content of the manuscripts which have been signed for approval by or non-business document manuscript with the seal of the publishing licensing agencies;
c) Illicit and false printing, illegal re-printing of publications
d) Releasing publications without legitimate origin or failing to submit copyright deposit
e) Publishing, printing and releasing publications which have been suspended from release, recovering, confiscating, banning from circulation, destroying or illegally importing publications;
f) Other prohibited acts as prescribed by law.
Article 11. Handling violation in publishing activities
1. Organizations having violations of the provisions of this Law and other provisions of the relevant law, depending on the nature and seriousness of their violations, shall be administratively sanctioned, if causing damage, they must pay compensation as prescribed by law.
2. Organizations having violations of the provisions of this Law and other provisions of the relevant law, depending on the nature and seriousness of their violations, shall be administratively sanctioned or prosecuted criminal liability, if causing damage, they must pay compensation as prescribed by law.
3. Publications with violations shall be suspended from release with definite time and depending on the nature and seriousness of the violation, correction must be performed and then released or recovered, confiscated, banned from released or destroyed.
4. Electronic publications in violation shall be removed from the electronic media and depending on the nature and seriousness of their violations shall be handled under the provisions of clause 3 of this Article.
5. Organizations and individuals committing acts of infringement of intellectual property rights in the publishing activities shall be handled as prescribed by the law on intellectual property.
6. State management agencies on publishing activities must take responsibility for their decisions. In case of wrong decisions causing damage, they shall pay compensation as prescribed by law.
Chapter 2.
PUBLISHING FIELD
Article 12. Subject establishing publisher and types of publisher organization
1. The following agencies and organizations are allowed to establish publisher (hereinafter referred to as the publisher line agency):
a) State agencies, political organizations, socio-political organizations at the central and provincial levels;
b) Public non-business units in the central, the socio-political and vocational organization in the central directly create works and academic and scientific materials.
2. Publishers are organized and operating in the form of public non-business units or enterprises with the conditioned business owned by the State.
Article 13. Conditions for establishment of publisher
The establishment of publisher must meet the following conditions:
1. Having principles, purposes, functions, duties, objects to services and publications are in conformity with the functions and duties of the line agencies;
2. Having qualified persons specified in Article 17 of this Law for appointment of General Director (Director), editor in chief and have at least five full-time editors;
3. Having headquarters, financial resources and other necessary conditions to ensure the activities of the publisher as prescribed by the Government;
4. Being consistent with the planning of publisher network development which has been approved by the competent authority.
Article 14. Issuance and revocation of establishment license and suspension of the publisher’s activities.
1. The line agency of publisher shall prepare dossier to request the licensing of publisher establishment and send it to the Ministry of Information and Communications.
The dossier includes:
a) Application for issuance of license of publisher establishment;
b) Scheme for publisher establishment and papers evidencing all the conditions specified in Article 13 of this Law.
2. Within 30 days from the date of receipt of complete dossier, the Ministry of Information and Communication shall issue license of publisher establishment. If not licensing, there must be written reply clearly stating the reasons.
3. After being issued license of publisher establishment, the line agency shall make a decision on establishing publisher and prepare other necessary conditions for activities of the publisher.
4. The publisher shall be suspended from operation with definite time in the following cases:
a) After establishment and during operation, the line agency and publisher do not meet the conditions specified in clauses 1, 2 and 3, Article 13 of this Law;
b) The publisher does not properly implement the contents specified in the license of publisher establishment
c) The publisher violates the provisions of the law on publishing and is handled for administrative violations at the level of activity suspension.
5. The license of publisher establishment shall be revoked in the following cases:
a) The time limit of suspension is over without remedy for the cause leading to the suspension.
b) Within 06 months from the date of issuance of the license of publisher establishment but the line agency does not make a decision on the publisher establishment;
c) Within consecutive 12 months without any publication for legal deposit from the publisher.
d) Failing to meet the conditions specified in Article 13 of this Law and causing serious consequences
e) Seriously violating other provisions of law.
6. When the license of publisher establishment is revoked in the cases specified at Points a, c, d and e, Clause 5 of this Article, the line agency of publisher shall make the dissolution of the publisher in accordance with the law.
Article 15. Issuance and renewal of license of publisher establishment
1. Within 30 days from there is one of the following changes, the line agency of publisher shall request the Ministry of Information and Communication to issue and renew license of publisher establishment:
a) Change of line agency, name of line agency of publisher name of publisher;
b) Change of type of organization of publisher;
c) Change of the principles, purposes, subjects to services and major publications of the publisher.
2. Dossier to request issuance and renewal of license of publisher establishment
a) Application for issuance and renewal of license;
b) License of publisher establishment issued.
3. Within 15 days from the date of receipt of complete dossier, the Ministry of Information and Communications shall issue and renew license. In case of non-renewal of license, there must be written reply clearly stating the reasons.
4. In case of change of heaquarters, the publisher shall send a written notice to the Ministry of Information and Communications within 07 working days after the change.
Article 16. Duties and power of the lince agency of publisher
1. Satisfying the conditions specified in Article 13 of this Law.
2. Appointing, dismiss, removing leadership positions of publisher specified in Article 17 of this Law after obtaining the written approval of the Ministry of Information and Communications.
3. Orienting annual publishing plan of the publisher.
4. Directing the implementation of the principles, purposes and operation direction of the publisher; monitoring publisher to comply with the license of publisher establishment.
5. Inspecting and examinating the activities of the publisher under authority.
6. Taking responsibility for violations of the laws of the publisher in publishing activities under its duties and powers.
Article 17. Standards of positions of General Director (Director) and Chief Editor of publisher.
1. Standards for General Director (Director):
a) Being Vietnamese citizens residing in Vietnam, having good political and moral quality.
b) Having University level or higher;
c) Having at least 03 years performing work of editing, management of publishing or press, management at the line agency of publisher;
d) Other standards as prescribed by law.
2. Standards for Chief Editor of the publisher:
a) Having certificate of editing practice;
b) Having at least 03 years of working as editor at the publisher or press agency;
c) Other standards as prescribed by law.
3. For publishers organized and operating in the form of enterprises carrying on conditioned business owned by the State and having title as Chairman of the member board or Chairman of the company, the Chairman of the member board or Chairman of the company shall at the same time as General Director (Director) of the publisher.
Article 18. Duties and powers of the General Director (Director) and Chief Editor of publisher
1. The General Director (Director) of publisher has the following duties and powers as follows:
a) Directing operations of publisher in accordance with purposes, functions and duties specified in the license and decision on publisher establishment;
b) Developing the mechanism of organization and human resources of the publisher;
c) Organizing the implementation of the publishing registration with the Ministry of Information and Communications as prescribed in Article 22 of this Law;
d) Orgnizing the assessment of works and materials specified in Article 24 of this Law and other works and materials at the request of the State management agencies on publishing activities;
e) Signing publishing association contract specified at Point b, Clause 3, Article 23 of this Law before signing the publishing decision;
f) Signing for approval of manuscripts prior to printing;
g) Signing publishing decision for each publication in line with certificate of publishing registration, including the printing of increased number;
h) Signing decision on publication release;
i) Valuating and adjustment of retail prices of publications in accordance with law;
k) Organizing the keeping of manuscript editing and related documents of each publication as prescribed by law;
j) Performing the repair, suspension from release, revocation or destruction of publications at the request of competent state agencies;
m) Implementing the report at the request of the State management agencies on publishing activities;
n) Making sure not to disclose and miss the content of publishing works and materials prior to release affecting the rights of the author, the copyright owner;
o) Managing assets and material facilities of the publisher;
p) Taking responsibility before the law, the line agency for the publications and all activities of the publisher.
2. The Chief Editor of publisher has the following duties and powers:
a) Helping General Director (Director) to direct the organization of manuscript;
b) Editing manuscript;
c) Reading and signing for approval of each manuscript for submission to the General Director (Director) of the publisher to sign the publishing decision.
d) Do not disclose and miss the content of publishing works and materials prior to release affecting the rights of the author, the copyright owner;
e) Taking responsibility before the law, the General Director (Director) of the publisher for the content of publications of the publisher.
Article 19. Standards, duties and powers of editor
1. Standards of editor:
a) Being Vietnamese citizens residing in Vietnam, having good political and moral quality.
b) Having University level or higher;
c) Completing a fostering course of legal knowledge on publishing and editing professionl as prescribed by the Minister of Information and Communications;
d) Having Certificate of editing practice issued by the Minister of Information and Communications;
2. The editor has the following duties and powers:
a) Editing manuscripts;
b) Having the right to refuse the editing of works and materials whose contents have signs of violation specified in Clause 1, Article 10 of this Law and shall report to the General Director (Director) and Chief editor in writing;
c) Having name in the publications edited by himself/herself;
d) Participating in periodic training of legal knowledge on publishing and editing profession held by the State management agencies on publishing activities;
e) Do not disclose and miss the content of publishing works and materials prior to release affecting the rights of the author, the copyright owner;
e) Taking responsibility before the Chief Editor of the publisher and before law for the contents of publications edited by himself/herself;
Article 20. Issuance, revocation and re-issuance of certificate of editing practice
1. Dossier to request issuance of certificate of editing practice includes:
a) Application for issuance of certificate of editing practice under the prescribed form;
b) Curriculum vitae under the prescribed form
c) Certified copy of degree;
d) Certificate of completion of fostering course of legal knowledge on publishing and editing professional issued by the Ministry of Information and Communications.
2. Within 15 days from the date of receipt of complete dossier, the Ministry of Information and Communications shall issue the Certificate of editing practice; In the absence of issuance, there must be written reply clearly stating the reasons.
3. Certificate of editing practice is revoked in the following cases:
a) Editor whose publications are edited are banned from circulation, revoked, confiscated or destroyed;
b) Editor who has edited two publications in 01 year or publications in 02 consecutive years with content violations required correction to be released;
c) Editor has been sentenced by a legally effective judgement of the court.
4. Editor whose certificate of editing practice has been revoked shall be considered for re-issuance, except for the case the editor is sentenced by a legally effective judgement of the court for serious and particularly serious crimes and infringement of national security.
5. Certificate of editing practice shall be re-issued in case of loss or damaged.
Article 21. Copyright in the field of publishing
The publishing of works and materials reprinting of publication shall only be made after obtaining the written approval of the author, copyright owner as prescribed by law.
Article 22. Publishing registration of publishing and certification of publishing registration
1. Before publishing works and materials or re-publication, the publisher shall register the publishing with the Ministry of Information and Communications under prescribed form. The registration content must be consistent with the principles and purposes, functions and tasks of the publisher.
2. Within 07 working days from the date of receipt of the publishing registration of the publisher, the Ministry of Information and Communications shall confirm the publishing registration in writing. In the absence of confirmation, there must be a written reply clearly stating the reasons.
3. The written confirmation of the publishing registration is the ground for the publisher to make a decision on publishing until the end of December 31 of the registration confirmation year.
Article 23. Association in publishing activities
1. Publishers are associated with the following organizations and individuals (collectively referred to as associated partner) in order to publish for each publication:
a) Author and copyright owner;
b) Publisher, publication printing and release establishment;
c) Other organizations with legal entity.
2. Form of association of the publisher with associated partner includes:
a) Using manuscripts;
b) Preliminarily editing manuscripts;
c) Printing publications;
d) Releasing publications.
3. The association is only made only with the following conditions:
a) There is a written consent of the author, the copyright owner under the provisions of the law on intellectual property rights for works and materials of associated publishing;
b) There is publishing association contract between publishers and associated partners. The association contract must have the basic contents as prescribed by the Minister of Information and Communications
c) In case of preliminary editing association of manuscript, in addition to the conditions specified at Points a and b of this Clause, the associated partner must have editors.
4. For works and materials with the content on political theory, history, religion, national sovereignty, memoir, the publisher is not allowed for preliminary associated editing of manuscript.
5. Responsibilities of the General Director (Director) of the publisher in associated publishing:
a) Making a decision on partnership, form of association and commitment of association contract to each publication. In case of association for publishing many publications with the same associated partner, it is likely to make a commitment in a contract in which clearly expressing form of association to each publication;
b) Complying with publishing association contract; ensuring that the contents of associated publications to be consistent with the principles, purposes, functions and tasks of the publishers;
c) Organizing complete editing of work and material manuscripts which have been preliminarily edited;
d) Taking responsibility before law for activities of publishing association and associated publications;
e) Revoking publishing decision when the associated partner breaches associated contract;
e) Performing duties and powers as prescribed in Clause 1, Article 18 of this Law.
6. Responsibility of the Chief Editor of publisher in publishing association:
a) Helping General Director (Director) of publisher to completely edit manuscripts of works and materials which are preliminarily edited by associated partner, read and approve the works and materials of associated publishing
b) Performing duties and powers as prescribed in Clause 2, Article 18 of this Law.
7. Responsibility of the associated partner:
a) Properly complying with publishing association contract;
b) Properly complying with content of manuscripts which have been signed for approval by the General Director (Director) for printing or release on electronic media.
c) Specifying name and address on publications as prescribed at Point b, Clause 1 and Point b, Clause 2, Article 27 of this Law;
d) Nộp xuất bản phẩm liên kết để nhà xuất bản nộp lưu chiểu Submitting associated publications for the publisher to deposit copyright;
e) Spending on release of associated publications after the General Director (Director) has signed the publishing decision;
f) Performing the correction, suspension from release, recovery or destruction of publications at the request of the competent state agencies;
g) Taking responsibility before law for the publishing association activities and associated publications;
Article 24. Content of works and materials to be assessed before re-printing.
The following works and materials whose contents have violating signs of provisions of Clause 1, Article 10 of this Law, the publisher must assess them before registering publishing for re-printing.
1. The works and materials were published before August Revolution of 1945; the works and materials were published from 1945 to 1954 in the temporarily occupied areas;
2. The works and materials were published from 1954 to April 30, 1975 in South Vietnam not licenseted by the Provisional Revolutionary Government of the Republic of South Vietnam
3.. The works and materials are published abroad.
Article 25. Issuing non-commercial publishing license
1. The publishing of non-commercial materials not made through publisher must be issued publishing license of non-commercial materials by the following state management agencies on the publishing activities:
a) The Ministry of Information and Communications shall issue publishing license of non-commercial materials of agencies and organizations in the central and foreign organizations;
b) Provincial-level People’s Committee shall issue publishing license of non-commercial materials of the other agencies and organizations with legal status, branches, representative offices at localities of the central agencies and organizations.
2. The non-commercial materials must be consistent with the functions and duties of the agencies and organizations requesting issuance of publishing license.
3. The Government specifies list of non-commercial materials which shall be issued publishing license.
4. The agencies and organizations requesting the issuance of publishing license of non-commercial materials shall prepare dossier and send it to the State management agencies on the publishing activities specified in clause 1 of this Article and make payment of fee of material content assessment for licensing. The dossier includes:
a) Application for licensing;
b) Three copies of material manuscript. In case the materials are in foreign language, there must be a Vietnamese translation attached. For materials to be electronically published, the entire content must be saved into digital device.
c) Certified copy of license of operation issued by the competent State management agencies of Vietnam for foreign organizations.
5. Within 15 days from the date of receipt of complete dossier, the State management agencies on publishing activities specified in Clause 1 of this Article shall issue the publishing license, seal on three copies of material manuscript and keep one copy and return two copies to the organization requesting the licensing. In case of licensing failure, there must be a written reply clearly stating the reasons.
6. Organizations or agencies issued publishing license of non-commercial materials shall:
a) Comply with the issued license;
b) Ensure the contents of publishing materials are in accordance with the material manuscripts which are licensed;
c) Specify information on publications in accordance with Article 27 of this Law;
d) Submit legal deposit and to National Library of Vietnam as prescribed in Article 28 of this Law.
e) Implement the correction, suspension from release, revocation or destruction of publishing materials upon requirement of the competent State authorities;
f) Take responsibility before law for the published materials.
Article 26. Publishing works and materials of foreign organizations or individuals in Vietnam.
1. The publishing of works and materials of foreign organizations or individuals for business in Vietnam must be implemented by the Vietnamese publishers.
2. The publishing of non-commercial works and materials of foreign organizations or individuals in Vietnam is not implemented via Vietnamese publisher shall comply with provisions of Article 25 of this Law.
Article 27. Information specified on publications
1. On publications in the form of books, there must be the following information:
a) Name of book, author or compiler and editor (if any), full name of translator (for translated books), transcriber (if the book is transcribed from Nom language); name of publisher or the agency or organization which are issued publishing license;
b) Name and address of the organization, full name of individual of publishing association (if any); full name of reviser (if any); year of publication, the ordinal number of the series. For translated book, there must include original name. If translated from a language other than the original language, the original language must be specified;
c) Name and title of General Director (Director) responsible for publishing; full name and title of Chief Editor responsible for the content; full name of editor; frame and size of book, publishing registration confirmation number, publishing decision number of the Director General (director) of the publisher or publishing license number of state management agencies on publishing activities; full name of presenter and illustrator, technical editor, printing corrector, printing number; name and address of the printing establishment, time of copyright deposit; International Standard Book Number (ISBN);
d) For commercial books, specify retail prices. For books ordered by the State specify “Book ordered by the State”. For non-commercial books, specify “Not for sale”.
2. On publications which are not books, the following information must be specified:
a) Name of publication, publisher or organization or agency which are allowed for publishing.
b) Name and address of the organization or individual name associated published (if any); confirm registration publishing, publishing of the decision of the Director General (Director) publisher or publishing license number of the State management agencies on publishing activities, printing number, name and address of the printing establishment.
c) For commercial publications, specify retail price; for publications ordered by the State, specify “Publication ordered by the State”; for non-commercial publications, specify “Not for sale”.
3. Information specified in Clause1 of this Article must be written on the front book cover and no further information required; information specified at Point c, Clause 1 of this Article must be written on the same page; the information specified in Clause 1 of this Article must be written on the fourth book cover.
4. The General Director (Director) of the publisher shall make decision on places for information record specified at Point b, Clause 1 on the publication, unless otherwise specified in Clause 6 of this Article.
5. For electronic publications, in addition to all the information specified in Clause 1 and 2 of this Article, there must also be information on management of electronic publication as prescribed by the Minister of Information and Communications.
6. In case the 1st book cover has image of the national flag, national emblem, registration of Vietnamese map, portrait of leader and head of the Party and the State, the name of author, compiler, chief editor, full name of translator and transcriber on the background of that image or portrait.
Article 28. Submitting legal deposit publication and submitting publication to National Library of Vietnam
1. All publications must be deposited their copyrights with the State management agencies on publishing activities at least 10 days before release. The legal deposit of publications shall comply with the following provisions:
a) Publishers or agencies, organizations which are issued the publishing license by the Ministry of Information and Communications must submit three copies to the Ministry of Information and Communications. In case the printing number is less than three hundred copies, two copies shall be submitted;
b) Agencies, organizations which are issued the publishing license by the provincial-level People’s Committee shall submit two copies to the provincial People’s Committee and one copy to the Ministry of Information and Communications; In case the printing number is less than three hundred copies, one copy shall be submitted to the provincial-level People’s Committee and one copy to the Ministry of Information and Communications;
c) For publications reprinted without correction and supplementation, one copy shall be submitted to the Ministry of Information and Communications. In case of correction and supplementation, the provisions at Points a and b of this Clause shall apply;
d) Publications with content of State secret as prescribed by law only submit delaration of copyright deposit;
e) The Minister of Information and Communications shall specify procedures for submitting legal deposit publications.
2. Within 45 days from the date of publications are released, the publishers, agencies and organizations with publishing permission must submit three copies to the National Library. In case the printing number is less than three hundred copies, two copies shall be submitted.
Article 29. Reading and examination of legal deposit publications and competence to handle violations of publications
1. The Ministry of Information and Communications shall organize the reading and examination of legal deposit publications and make decision on the handling of violating publication under the provisions of this Law and other provisions of the relevant law.
2. Provincial-level People’s Committee shall organize the reading and examination of legal deposit publications and make decision on the handling of violating publication under the provisions of this Law and other provisions of the relevant law for the publications whose publishing licenses are issued by them.
3. The Minister of Information and Communications shall assume the prime responsibility and coordinate with the Minister of Finance to develop regulation on remuneration for the reader and checker, appraiser of legal deposit publications.
Article 30. Advertising on publications
1. No permission for advertising on administrative map.
2. Advertising on bloc calendar shall comply with the following regulations:
a) Area for advertising does not exceed 20% of area of each calendar page; the advertising content and images must match the Vietnamese fine traditions and the other provisions of the law on advertising;
b) No permission for advertising on calendar pages printing National holidays and large anniversaries of the country.
3. The advertising on publications not specified in Clause 1 and 2 of this Article shall comply with regulations of law on advertising.
Chapter 3.
PUBLICATION PRINTING FIELD
Article 31. Activities of publication printing establishments
1. Printing establishments are only allowed for printing of publications after having been issuedlicense of publication printing.
2. Printing establishments are only allowed for receiving the printing as prescribed in Article 33 of this Law.
Article 32. Issuance, renewal, re-issuance and revocation of license of publication printing operation
1. Conditions for issuing license of publication printing operation include:
a) The head of the printing establishment must be Vietnamese citizens residing in Vietnam; having profession of publication printing management and meeting other criteria as prescribed by law;
b) Having production ground and equipment to perform one or more stages of print-out, printing and processing and post-printing of publication;
c) Ensuring conditions for security, order, environmental hygiene as prescribed by the law;
d) Being consitent with the planning of publication printing establishment network development.
2. Dossier to request license of publication printing operation:
a) Application for issuing license of of publication printing operation under prescribed form;
b) Certified copy of one of the business registration certificate, business registration certificate, investment certificate or decision on printing establishment;
c) Papers evidencing the possession of production ground and equipment to carry out one of the stages of print-out, printing and processing and post-printing of publication;
d) Resume of the head of the printing establishment under prescribed form;
e) Certified copy of diploma granted by the printing training specialized establishment orCertificate of publication printing operation management profession granted by the Ministry of Information and Communications;
f) Certified copy of the certificate of eligibility for security and public order and environmental hygiene issued by competent state agencies.
3. Competence to issue license of publication publishing operation:
a) The Ministry of Information and Communications shall issue license to printing establishments of the agencies and organizations at the central level;
b) Provincial-level People’s Committee shall issue license to the local printing establishments.
4. Within 15 days from the date of receiving complete and valid dossier, the State management agencies on publishing activities specified in Clause 3 of this Article shall issue license of publication publishing operation. In the absence of issuance of license, there must be written reply stating the reason.
5. License of publication publishing operation shall be re-issued on case of loss or damage.
6. Within 15 days from the date when the printing establishment has one of the changes of name, address, branch establishment, division or merger, the printing establishment must make procedures for renewal of license of publication publishing operation.
7. Within 15 days from the date of the change of the head, the printing establishment shall notify in writing to the agency issuing license of publication publishing operation and enclose dossier as specified at points d and e, Clause 2 of this Article.
8. The license of publication publishing operation shall be revoked in the following cases:
a) The publication printing establishment does not satisfy conditions specified at Points a, b and c, Clause 1 of this Article in the operation process.
b) The printing establishment has changes specified in Clause 6 of this Article without making procedures for change of license.
9. The Minister of Information and Communications shall specify the procedures for issuance, renewal, re-issuance and revocation of license of printing, certificate of publication printing operation management profession.
Article 33. Conditions for receiving of publication printing
1. The receiving of publication printing shall be implemented in accordance with the following provisions:
a) For publications made through the publisher, there must be publishing decision (the original) and the manuscript signed for approval of the General Director (Director) of the publisher;
b) For non-commercial materials of Vietnamese organizations and agencies and foreign organizations not done through the publisher, there must be publishing license (the original) and the stamped manuscript of the licensing agency specified in Article 25 of this Law;
c) For publications printed for foreign countries, there must be a printing license and publication templates for printing with the seal of the licensing agencies provided for in Article 34 of this Law.
2. The publication printing must made into contract in accordance with the law between the printing establishment with the publisher or agency or organization which is issued the license of non-commercial material publishing.
3. The number of publications printed must be shown in the contract and in accordance with the publishing decision or publishing license of non-commercial materials.
Article 34. Printing publications for foreign organizations or individuals
1. The printing establishment with license of publication printing operation specified in Article 32 of this Law shall be allowed for printing publications for foreign organizations or individuals;
The publication printing for foreign organizations or individuals must be licensed by the Ministry of Information and Communications or the provincial-level People’s Committees.
2. The content of publications printed for foreign countries must not violate the provisions of Clause 1, Article 10 of this Law.
3. Dossier to request issuance of license includes:
a) Application for issuance of printing license for foreign organizations or individuals is under prescribed form;
b) Two sample copies of publication for printing;
c) Certified copy of license of publication printing operation;
d) Certified copy of contract of publication printing for foreign organizations or individuals. In case the contract is in foreign language, the Vietnamese translation version must be enclosed.
e) A copy of valid passport of the person ordering the printing or power of attorney, identity card of the authorized person ordering the printing.
4. Within 10 days from the date of receiving complete and valid dossier, the Ministry of Information and Communications or the provincial-level People’s Committees shall issue license and stamp the two sample copies and return one copy to the printing establishment. In the absence of issuance of license, there must be a written reply clearly stating the reasons.
5. Director of printing establishment shall take responsibility before law for the printing of publications. Organizations and individuals ordering the printing shall responsibility for the copyright for publications to be ordered with the printing.
6. Publications printed for foreign organizations and individuals must be exported 100%. In case released and used in Vietnam, the procedures for publication import prescribed by this Law.
Article 35. Responsibility of the head of publication printing establishment
1. Implementing the provisions of Articles 31, 32, 33 and clauses 1, 2, 4 and 5 of Article 34 of this Law; storing and managing dossier of publication printing receiving as prescribed by the Minister of Information andCommunications.
2. Making report on publication printing activities of printing establishment on the requirement of the State management agencies on publishing activities.
3. Participating in training courses of publication printing operation management profession held by State management agencies on publishing activities.
4. Upon detection of publications with content violations specified in Clause 1, Article 10 of this Law, the printing establishment must stop printing and report to the competent state management agencies, at the same time notify the publisher, agencies, organizations and individuals which order the printing.
5. Taking responsibility before law for the publication printing activities of the printing establishment.
Chapter 4.
PUBLICATION RELEASE FIELD
Article 36. Activities of publication release
1. The establishment of publication release includes enterprise, public non-business units and household of publications (hereafter referred to as releasing establishment)
Publishers are allowed for setting up establishment of publication release.
2. The releasing establishments are enterprises, public non-business units must register operation register with state management agencies on publishing activities as prescribed in Clause 1, Article 37 of this Law.
3. Operating conditions for releasing establishments which are enterprises, public non-business units;
a) The head of releasing establishment must reside in Vietnam, having diploma or certificate of professional knowledge on the publication release issued by the establishment of training and fostering of specialized publication release;
b) Having one of the following certificates: business registration certificate, business registration certificate or decision on establishment of public non-business unit in accordance with the law;
c) Having business location of publication;
4. Operating conditions for releasing establishment as business household:
a) Householder must permanently reside in Vietnam;
b) Having business registration certificate;
c) Having business location of publications.
Article 37. Registration of publication releasing operation.
1. Before operation, the releasing establishment as enterprise, public non-business unit must register the publication releasing operation with the State management agencies on the publishing activities in accordance with the following provisions:
a) The releasing establishment has its headquarters and branches in two centrally-affiliated provinces and cities or more and register operation with the Ministry of Information and Communications;
b) The releasing establishment has its headquarters and branches in the same one centrally-affiliated province and city and register operation with the provincial-level People’s Committee.
2. The Minister of Information and Communications shall regulate procedures and dossier for registration of publication releasing operation.
Article 38. Issuance license of publication import business operation
1. Domestic and foreign organizations and individuals are allowed to import publications into Vietnam in accordance with Vietnamese law and international agreements in which the Socialist Republic of Vietnam is a member.
2. Establishment with the publication import business operation (hereafter referred to as importer of publications establishment) must have license of publication import business operation issued by the Ministry of Information and Communications;
3. Conditions for issuance of license of publication import business operation
a) Having one of the business registration certificates, business registration certificate, investment certificate under the provisions of law;
b) The head of importer of publications must permanently reside in Vietnam and have diploma issued by establishment of specialized training or certificate of knowledge fostering of publication releasing profession issued by the Ministry of Information and Communications;
c) Having staff capable of evaluating the book content in case of business of imported books.
4. Dossier to request the issuance of license of publication import business operation includes:
a) Application for issuance of license of publication import business operation;
b) Certified copy of one of the types of paper specified at Point a, clause 3 of this Article;
c) The curriculum vitae of the head of the importer of publications together with certified copy of diplomas or certificates prescribed at Point b, Clause 3 of this Article;
d).List of assessment staff of book content in case of business of imported books
5. Within 30 days from the date of receipt of dossier for license, the Ministry of Information and Communications shall issue license of publication import business operation. In the absence of issuance of license, there must be written reply clearly stating the reasons.
6. The Government stipulates in detail this Article.
Article 39. Registration of publication import for business
1. The publication import for business shall be done by the importer of publications.
2. Before importing, the importer of publications shall prepare dossier of import registration and send it to the Ministry of Information and Communications and pay the fee as prescribed by law. The Minister of Information and Communications shall detail the dossier for registration of publication import.
3. Within 15 days from the date of receipt of dossier for registration of publication import, the Ministry of Information and Communications shall confirm the registration in writing. In the absence of registration confirmation, there must be written reply clearly stating the reasonss.
4. Where there is a change of information in the dossier for registration of publicatio imported publications which have been confirmed for, the importer of publications must have written report on the content of the changed information, and register new information (if any) with the Ministry of information and Communications to confirm additional registration.
5. The written confirmation of registration of the Ministry of Information and Communications is a legal foundation for the importer of publications to make importing procedures with the customs authorities and is valid until completion of the importing procedures.
6. In case of detection of contents of imported publications with violating signs of Vietnamese law, the Ministry of Information and Communications has the right to refuse confirmation of registration for publication import or request assessment of content of those publications before the confirmation of importing registration.
Article 40. Reponsibility of the head of establishment of publication release
1. Implementing the provisions of Articles 36, 37, 38 and 39 of this Law in the course of operation.
2. Complying with the license of publication import operation, certificate of publication import registration; complying with the contents of publication release registration.
3. Making report on the operation of the release establishment and publication import establishment at the request of the State management agencies on publishing activities.
4. Not being allowed for storing and releasing publications with contents specified in Clause 1, Article 10 of this Law, publications having no receipts and documents showing the legal origin or suspended from release, revoked, confiscated, banned from circulation or destroyed; Not being allowed for carrying on business of non-commercial publications, publications printed for foreign countries.
5. Stopping the release and import of publications and making report to the competent state agencies in case of detection of publications with contents specified in Clause 1, Article 10 of this Law.
6. For importer of publications, the head shall organize assessment of content of imported publications before release and take responsibility before law for imported publications.
7. Participating in courses of training on legal knowledge of publication held by State management agencies on publishing activities.
8. Taking responsibility before law for activities of publication release establishment and importer of publications
Article 41. Issuing license of non-commercial publications import
1. The import of non-commercial publications of Vietnamese agencies, organizations and individuals and foreign organizations operating in Vietnam, foreign individuals residing in Vietnam must be lissued import license, , except where provided for in Article 42 of this Law and shall pay a fee as prescribed by law.
2. Before importing non-commercial, agencies, organizations and individuals must prepare dossier to request issuance of import license under prescribed form as follows:
a) Agencies and organizations at the central level, the Hanoi-based foreign organizations based shall send dossiers to the Ministry of Information and Communications or the Hanoi People’s Committee;
b) Agencies and other organizations and Vietnamese individuals and foreign individuals shall send their dossiers to the provincial-level People’s Committee where they have headquarters or where there is border gate through which publications are imported.
3. Dossier to request issuance of license of non-commercial publications import includes:
a) Application for issuance of license under prescribed form.
b) List of imported publications under prescribed form.
4. Within 15 days from the date of receipt of complete dossier, the competent state management agencies shall issue license. In the absence of issuance of license, there must be written reply clearly stating the reasons.
5. In case of detection of imported publications with violating signs of Vietnamese law, the state management agencies on publishing activities have the right to refuse to issue import license or require agencies and organizations and individuals applying for import license to provide a copy of publication for organizing assessment of content as the basis for the decision on issuance of import license.
6. The assessment of publication content with violating signs of Vietnamese law for making a decision on issuance of non-business import license shall be carried out as follows:
a) The import licensing agency shall establish the assessment board for each publication within 15 days from the date of receipt of imported publications for assessment. The board includes qualified experts for assessment;
b) The assessment time for each publication shall not exceed 09 working days from the date the assessment board is established;
c) Result of assessment must be made in writing specifying the content of publication with or without violation of the provisions of this Law and other provisions of the relevant law.
7. The Minister of Information and Communications details the assessment of imported publications, coordinates with the Minister of Finance to prescribe the expenditure of content assessment of imported publications.
Article 42. Cases where import of non-commercial publications without request of license issuance
1. Agencies, organizations and individuals who shall not request issuance of license of non-commercial publications but only make procedures prescribed by customs law in the case of import of the following publications:
a) Materials for workshops, international conferences in Vietnam which are licenseted by the Vietnamese competent agencies for organization;
b) Publication is the property of agency, organization, family and individual for private use.
c) Publication in the luggage of person upon entry used for personal needs;
d) Publications donated to agencies, organizations and individuals by mail, delivery service at value not exceeding the exemption standard under the provisions of law.
2. The import of publications of agencies, organizations and individuals enjoying diplomatic privileges and immunities shall comply with the provisions of the customs law, the law on privileges and immunities for diplomatic representative agencies, foreign consular agencies and representative offices of international organizations in Vietnam and international agreements in which Vietnam is a member.
3. Publications specified at Points a and b, Clause 1 of this Article, must be re-exported after use. In case transferred to other agencies, organizations and individuals in Vietnam, the agencies, organizations and individuals receiving shall make import procedures as prescribed in Article 41 of this Law.
Publications specified at Points c and d, Clause 1 of this Article if having value exceeding the standard of tax exemption shall be made procedures for issuance of import license as provided for in Article 41 of this Law.
Publications specified in Clause 1 of this Article shall not be traded in any form.
4. Agencies, organizations and individuals must take responsibility before law for publications they import.
5. Publications with content in violation of Clause 1, Article 10 of this Law shall not be brought into Vietnam in any form.
Article 43. Export of publications
Publications were published and circulated legally in Vietnam are exported to foreign countries.
Article 44. Publication exhibitions and fairss
1. The organization of publication exhibitions and fairsin Vietnam of Vietnamese and foreign agencies, organizations and individuals must be licensed by the state management agencies on publishing activities.
2. Competence to issue license for organization of publication exhibitions and fairs.
a) The Ministry of Information and Communications shall issue license to the agencies and organizations at the central level, the foreign agencies, organizations and individuals;
b) Provincial-level People’s Committees shall issue icense to the agencies, organizations and individuals with their headquarters at locality, branches, representative offices and units of agencies, organizations at central level located at locality.
3. Dossier to request issuance of license of organization of publication exhibitions and fairs includes:
a) Application for issuance of license clearly stating purposes, time, locations and name of units participating in exhibition and fair.
b) List of publications for exhibition and fair as under the prescribed form.
4. Within 10 working days from the date of receipt of complete dossier, the competent authority specified in Clause 2 of this Article shall issued license for organization of publication exhibitions and fairs. In the absence of issuance of license, there must be a written reply clearly stating the reasons.
5. Agencies, organizations and individuals that are issued license to organize exhibitions, fairs and publications shall:
a) Comply with the contents specified in the license.
b) Examine and assess the publication content before exhibition, introduction, and release at exhibitions and fairs;
c) Do not introduce into exhibitions, fairs the publications with contents specified in Clause 1, Article 10 of this Law; publications were suspended from release, revoked, confiscated, banned from circulation, destroyed or publications without receipts, documents showing legal origin;
d) Take responsibility before law for the publication content introduced into exhibitions and fairs and activities of exhibitions and fairs of publications.
6. State management agencies on publishing activities may refuse to issue license for organization of publication exhibitions and fairs or request organizations and individuals requesting issuance of license to take the following publications out of the list of publications:
a) Publications for exhibitions and fairs with violating signs of provisions in Article 10 of this Law.
b) Publications for exhibitions and fairs without legal origin;
c) Publications were suspended from release, revoked, confiscated, banned from circulation and destroyed.
Chapter 5.
PUBLISHING AND RELEASE OF ELECTRONIC PUBLICATIONS
Article 45. Conditions for publishing and release of electronic publications
1. The electronic publishing shall be done by the publisher, organization or agency, having license of non-commercial material publishing and must comply with the provisions of this Law.
The publisher shall perform electronic publishing upon meeting the following conditions:
a) Having capacity of equipment, technology and technical personnel to operate and manage the process of electronic publishing;
b) Having technical measures in accordance with the provisions of state management agencies to prevent duplication and illegal interference in the content of publications;
c) Having Vietnamese internet domain as prescribed by the law to carry out electronic publishing on the Internet;
d) Having registered electronic publishing activities with the state management agencies on electronic publishing activities.
2. Agencies, organizations and individuals performing the release of electronic publishing must meet the following conditions:
a) Having capacity of equipment, technology and technical personnel to operate and manage the process of release of electronic publications;
b) Having technical measures in accordance with the provisions of state management agencies to prevent duplication, illegal interference in the content of publications;
c) Having Vietnamese internet domain as prescribed by the law to carry out electronic release of electronic publications on the Internet;
d) Having registered activities of electronic publication release with the state management agencies on publishing activities.
Article 46. Method to perform publishing and release of electronic publications.
1. Works and materials published for the first time by the method of electronic publishing through publisher or must be issued publishing license by the state management agencies on publishing as provided for in Article 25 of this Law.
2. Publications were published, printed and released legally shall be released on electronic media.
3. The publication and release of electronic publications specified in clause 1 and 2 of this Article shall be made only after obtaining the written approval of the author, the copyright owner under the provisions of law on fintellectual property rights.
4. The transformation of electronic publications to printed publications for dissemination to multiple recipients must comply with the provisions of this Law and the law on intellectual property.
Article 47. Technique and technology for publishing and release of electronic publications
Agencies, organizations and individuals publishing and releasing electronic publications shall:
1. Comply with technical regulations and technical guidance of the State management agency for electronic publications;
2. Comply with the provisions of the law on telecommunications, information technology, e-commerce, e-transactions and other provisions of the relevant law.
Article 48. Submitting legal deposit of electronic publication and to National Library of Vietnam.
1. Publishers and organizations issued license of non-commercial material publishing shall submit legal deposit of electronic publications to the State management agencies on publishing activities as stipulated in Article 28 of this Law and submit electronic publications to National Library of Vietnam.
2. State management agencies on publishing only use electronic publications legally deposited deposited in service of their management.
3. National Library of Vietnam shall archive and only use electronic publications in service of readers at the National Library of Vietnam as prescribed by law.
Article 49. Advertising on electronic publications
The advertising on electronic publications shall comply with the following provisions:
1. Do not advertise in the content or disrupt content of electronic publications in any form;
2. Implementing the provisions of the law on advertising and other provisions of the relevant law.
Article 50. Responsibility of agencies, organizations and individuals publishing and releasing electronic publications
1. Publisher, General Director (Director), editor, Chief Editor of the publisher are responsible for:
a) Implementing the provisions of Articles 18, 29, 22, 22, 23, 24, 27, 45, 46, 47, 48, 49 and 52 of this Law;
b) Ensuring the contents of electronic publications to be released in accordance with the contents of electronic publications legally deposited;
c) Implementing technical measures to prevent interference in the content of publications or to remove illegal publications at the request of competent state agencies;
d) Stopping the release of publications at the request of the State management agencies on publishing activities;
e) Examining and monitoring associated publications
2. Associated partner of publishing shall:
a) Implement the provisions of Articles 23, 45, 46, 47 and 49 of this Law;
b) Comply with the contents of the manuscripts which have been signed for approval by the General Director (Director) of publisher;
c) Implement technical measures to prevent interference in the content of publications or to remove illegal publications at the request of competent state agencies;
d) Stop the release of publications at the request of the State management agencies on publishing activities.
3. Agencies, organizations, or individuals releasing publications shall:
a) Comply with the provisions of Article 46 of this Law and Points b, c and d, Clause 2 of this Article;
b) Comply with the written approval of the author and the copyright owner;
c) Take responsibility before law for the release of electronic publications.
4. Agencies and organizations which are issued license of non-commercial materials shall:
a) Comply with the provisions of Clause 6, Article 25 of this Law;
b) Implement technical measures to prevent possible interference in the content of publications or remove publication with violations at the request of competent state agencies.
5. Enterprises providing intermediary services on the Internet environment and telecom network in Vietnam shall:
a) Implement the provisions at Points c and d, Clause 2 of this Article;
b) Implement the provisions of the law on intellectual property or request agencies, organizations and individuals using services must comply with the regulations on intellectual property rights upon release of electronic publications.
Article 51. Import of electronic publications
Establishment of release and import of electronic publications for business or dissemination must be issue license by the state management agencies on publishing activities under the provisions of this Law and other provisions of the relevant law.
Article 52. Detailed regulation on publishing and release of electronic publications
The Government stipulates in detail the activities of publishing and release of electronic publications to suit each stage of technological development.
Chapter 6.
IMPLEMENTATION PROVSIONS
Article 53. Effect
This Law takes effect from July 1, 2013 and supersedes the Publishing Law No. 30/2004/QH11 amended and supplemented by a number of articles of Law No. 12/2008/QH12.
Article 54. Detailed regulation and implementation guidance
Government, the competent authority shall detail and guide the implementation of Articles and Clauses stated in the Law.
This Law was passed by the 8th National Assembly of the Socialist Republic of Vietnam 4 thsession on November 20, 2012.
CHAIRMAN OF NATIONAL ASSEMBLY |