Quyết định 28/2002/QD-BVHTT

DECISION

PROMULGATING THE REGULATION ON PUBLICATION OF BULLETINS, DOCUMENTS, LEAFLETS; ISSUANCE OF PRESS RELEASES; PUBLICATION AND/OR TRANSMISSION OF NEWS BULLETINS ON ELECTRONIC SCREENS BY FOREIGN AGENCIES AND ORGANIZATIONS AS WELL AS LEGAL PERSONS INVOLVING FOREIGN ELEMENTS, IN VIETNAM

THE MINISTER OF CULTURE AND INFORMATION

Pursuant to the Government’s Decree No.81/CP of November 8, 1993 on the functions, tasks, powers and organizational apparatus of the Ministry of Culture and Information;
Pursuant to the Government’s Decree No.31/2001/ND-CP of June 26, 2001 on sanctioning administrative violations in the fields of culture and information;
In order to unify the management of the activities of publication of bulletins, documents and leaflets; issuance of press releases; the publications and/or transmission of news bulletins on electronic screens in Vietnam;
At the proposal of the director of the Press Department of the Ministry of Culture and Information,

DECIDES:

Article 1.- To promulgate together with this Decision the Regulation on publication of bulletins, documents and leaflets; issuance of press releases; publication and/or transmission of new bulletins on electronic screens by foreign agencies and organizations as well as legal persons involving foreign elements, in Vietnam.

Article 2.- The director of the Press Department and chief inspector of the Ministry of Culture and Information and the directors of the Culture and Information Services of the provinces and centrally-run cities shall have to guide and inspect the implementation of, and implement, this Regulation.

Article 3.- This Decision takes effect 15 days after its signing. The previous regulations contrary to this Decision are all hereby annulled.

REGULATION

ON PUBLICATION OF BULLETINS, DOCUMENTS AND LEAFLETS; ISSUANCE OF PRESS RELEASES; PUBLICATION AND/OR TRANSMISSION OF NEWS BULLETINS ON ELECTRONIC SCREENS BY FOREIGN AGENCIES AND ORGANIZATIONS AS WELL AS LEGAL PERSONS INVOLVING FOREIGN ELEMENTS, IN VIETNAM
(Promulgated together with the Culture and Information Minister�s Decision No.28/2002/QD-BVHTT of November 21, 2002)

Chapter I

GENERAL PROVISIONS

Article 1.-

1. This Regulation governs all activities related to the publication of bulletins, documents and leaflets; the issuance of press releases, the publication and/or transmission of news bulletins on electronic screens, by foreign agencies and organizations as well as legal persons involving foreign elements, in Vietnam.

2. All foreign organizations and individuals as well as legal persons involving foreign elements in Vietnam must abide by the provisions of this Regulation.

3. Where the relevant international treaties which Vietnam has signed or acceded to contain provisions different from those of this Regulation, the provisions of such international treaties shall apply.

Article 2.- The Ministry of Culture and Information of the Socialist Republic of Vietnam (hereinafter called the Ministry of Culture and Information) is the body which performs the managerial function, grant permits for publication of bulletins, documents and leaflets; issuance of press releases; publication and/or transmission of news bulletins on electronic screens by foreign agencies and organizations as well as legal persons involving foreign elements in Vietnam.

Article 3.- In this Regulation, the following terms and phrases shall be construed as follows:

1. Bulletins: The bulletins mentioned in this Regulation do not belong to journalistic forms, which are published periodically under the specific stipulations on the size, number of pages, presentation forms, contents and mode of expression, aiming to inform on internal activities, professional guidance, inform on results of research and application, results of seminars, conferences and cooperative relations of foreign agencies and organizations, legal persons involving foreign elements, in Vietnam.

2. Documents, leaflets: Documents, leaflets mentioned in this Regulation are forms of non-periodical publication, aiming to inform on the purposes, contents, programs, results of diplomatic activities, international conferences; to introduce functions, operations, professional guidance, research and application results of foreign agencies and organizations as well as legal persons involving foreign elements in Vietnam

3. Press release: The press release mentioned in this Regulation is a form of written information, aiming to notify the press agencies of the situation, events, work performance, important activities of foreign agencies and organizations as well as legal persons involving foreign elements, in Vietnam, foreign delegations, international conferences in Vietnam.

4. News bulletins on electronic screens mean the section of news besides the advertising contents on electronic screens, which re-express the information contents already carried or transmitted on the press of the Socialist Republic of Vietnam, as well as documents officially publicized by competent bodies of the Socialist Republic of Vietnam.

5. The foreign agencies and organizations in Vietnam shall include:

a/ Foreign representation missions: Being diplomatic missions, consulates, representations of inter-governmental international organizations in Vietnam.

b/ Foreign agencies: Being the representative offices of foreign non-governmental organizations, economic, cultural, scientific or consulting organizations, companies and enterprises of foreign countries.

6. Legal persons involving foreign elements means foreign-invested enterprises as provided for in the Law on Foreign Investment in Vietnam.

7. Foreign delegations means delegations visiting and working in Vietnam at the invitation of the Party and State leaders, the Government, the National Assembly, the Foreign Ministry and competent agencies of the Socialist Republic of Vietnam.

8. International conferences means the conferences of official representatives of two or more countries, inter-governmental organizations, non-governmental organizations, which are organized in Vietnam in order to discuss matters related to the interests of those countries and organizations.

Article 4.-

1. Persons responsible for the publication of bulletins, documents and/or leaflets; the issuance of press releases; the publication and/or transmission of news bulletins on electronic screens are those designated by agencies or organizations to be leaders the implementation of the publication of bulletins, documents and/or leaflets, the issuance of press releases, the publication and/or transmission of news bulletins on electronic screens under the provisions of this Regulation.

2. Persons responsible for the publication of bulletins, documents, leaflets; the issuance of press releases; the publication and/or transmission of news bulletins on electronic screens shall be answerable to the State management bodies and laws of Vietnam for the information contents and all activities related to the publication of bulletins, documents, leaflets; the issuance of press releases, the publication and/or transmission of news bulletins on electronic screens.

Article 5.- The publication of bulletins, documents and/or leaflets; the issuance of press releases; the publication and/or transmission of news bulletins on electronic screens must comply with the following stipulations:

1. Not to cause harms to independence, sovereignty and territorial integrity of the Socialist Republic of Vietnam; not to instigate people to oppose the State of the Socialist Republic of Vietnam and/or to disrupt the national unity bloc.

2. Not to incite violence, propagate aggressive wars, foment hatred among nations and peoples of countries, incite obscene, depraved life style, crimes.

3. Not to disclose State secrets, military, security, economic and/or diplomatic secrets as well as other secrets prescribed by the legislation of the Socialist Republic of Vietnam.

4. Not to publish untruthful, distorting or slanderous information with a view to hurting the honor of the Socialist Republic of Vietnam, the prestige of organizations, the honor and dignity of citizens.

5. Not to publish bulletins, documents and/or leaflets; issue press releases, publish or transmit news bulletins on electronic screens without permits issued by the Ministry of Culture and Information.

6. Not to act against the regulations inscribed in the permits issued by State management bodies.

Article 6.-

1. Agencies and organizations which are allowed to publish bulletins, documents and/or leaflets must make archival deposits 24 hours before the distribution thereof.

2. The deposits of bulletins, documents and leaflets shall be paid to the Ministry of Culture and Information (the Press Department) with 6 copies each, and to the provincial/municipal Services of Culture and Information of the localities where the bulletins, documents and/or leaflets are published, with 2 copies each.

The deposit of bulletins, documents and leaflets not published in Hanoi shall be sent to the Ministry of Culture and Information (the Press Department) through post office. The time of deposit making shall be calculated according to the postage seals.

3. Agencies and organizations which are allowed to publish or transmit news bulletins on electronic screens must keep the documents, films, audio and/or video tapes and/or discs on the news bulletins for at least 30 days.

Chapter II

CONTENTS AND FORMS OF BULLETINS, DOCUMENTS, LEAFLETS, NEWS BULLETINS ON ELECTRONIC SCREENS

Article 7.- Contents of bulletins, documents, leaflets, news bulletins on electronic screens

1. To only use the genre of news report.

2. The information contents must not violate the provisions in Article 5 of this Regulation.

3. Not to carry advertisements in the bulletins, documents, leaflets. For electronic news bulletins, not to publish or transmit advertisements alternately with information contents of the news bulletins.

Article 8.-

1. Bulletin form

a/ The maximum size of the bulletin is 19 cm x 27 cm. The maximum number of pages is 24.

b/ Contents to be inscribed on the first page and last page of the bulletin:

- On the first page: The upper part of the first page is inscribed with the words BULLETIN which is followed by the name of the bulletin. The name of the publication agency or organization and the date of publishing the bulletin are below the name of the bulletin.

- On the last page: The bottom part of the last page is inscribed with the number of the publication permit issued by the Ministry of Culture and Information, the printery, the printed volume, the publishing period, the person responsible for publication.

2. Forms of documents, leaflets

The bottom part of the last page of the document or leaflet is clearly inscribed with the name of the publishing agency or organization, the serial number of publication permit issued by the Ministry of Culture and Information, the printery, the printed volume, the publishing date and the person responsible for publication.

Chapter III

CONDITIONS AND PROCEDURES FOR PERMIT GRANTING

Article 9.- Conditions for permit granting

1. For foreign representation missions

Foreign representation missions which wish to publish bulletins, documents and/or leaflets; or to issue press releases must fully satisfy the following conditions:

- Getting the approval of the Ministry for Foreign Affairs of the Socialist Republic of Vietnam (hereinafter called the Foreign Ministry).

- Having persons responsible for publishing bulletins, documents and/or leaflets; and/or for issuing press releases.

- Determining clearly the contents of information, purpose of information, publishing period, size, the number of pages, printery, target subjects of the bulletins, documents, leaflets, press releases.

- Having official headquarters and necessary facilities to ensure the publication of bulletins, documents and/or leaflets; or the issuance of press releases.

2. For foreign agencies, legal persons involving foreign elements

Foreign agencies and legal persons involving foreign elements, which wish to publish bulletins, documents and/or leaflets; to issue press releases; and/or to publish or transmit news bulletins on electronic screens must fully satisfy the following conditions:

- Lawfully operating in Vietnam.

- Having persons responsible for the publication of bulletins, documents and/or leaflets; the issuance of press releases; and/or the publication or transmission of news bulletins on electronic screens; having professional skills in management of information.

- Clearly determining the contents of information, purposes of information, the publishing period, size, the number of pages, the printed volume, the printery, the subjects of service by the bulletins, documents, leaflets, press releases, electronic news bulletins.

- Having official headquarters and necessary conditions to ensure the publication of bulletins, documents and/or leaflets; the issuance of press releases; the publication or transmission of electronic news bulletins.

3. For foreign delegations

Foreign delegations which wish to publish documents and/or leaflets and/or to issue press releases shall have to fully meet the following conditions:

- Having persons responsible for the publication of documents, leaflets; and/or the issuance of press releases.

- Clearly determining the contents of information, the purposes of information, size, the number of pages, the printed volume, the printery, the subjects of service by documents, leaflets, press releases, which are compatible with the functions, tasks and activities of the foreign delegations within the framework of law provisions on diplomacy of the State of the Socialist Republic of Vietnam.

4. For international conferences

International conferences organized in Vietnam, which wish to publish documents and/or leaflets and/or to issue press releases, must fully satisfy the following conditions:

- The competent Party and State agencies of the Socialist Republic of Vietnam approve the organization of the international conferences.

- Having persons responsible for the publication of documents and/or leaflets and/or the issuance of press releases.

- Clearly determining the information contents, information purposes, size, the number of pages, the printed volume, the printery, target subjects of documents, leaflets, press releases, which are compatible with the functions, tasks and scopes of international conferences already approved by competent Party and/or State agencies of the Socialist Republic of Vietnam.

Article 10.- Dossiers of application for permits

Agencies and organizations wishing to publish bulletins, documents and/or leaflets; to issue press releases; and/or publish or transmit electronic news bulletins must fill in the procedures of application for permits issued by the Ministry of Culture and Information.

The dossiers shall be submitted to the Press Department of the Ministry of Culture and Information.

1. For foreign representation missions

A dossier of application for the permit to publish bulletins, documents and/or leaflets includes:

- The application for the permit, made according to form set by the Ministry of Culture and Information.

- The written approval of the Foreign Ministry.

- The draft or model of the document, leaflet or press releases.

2. For foreign agencies, legal persons involving foreign elements:

A dossier of application for the permit to publish bulletins, documents, leaflets; issue press releases; to publish or transmit electronic news bulletins includes:

- The application for the permit, made according to form set by the Ministry of Culture and Information.

- The notarized copies of the investment license, permit for setting up representative offices and documents of competent agencies of the Socialist Republic of Vietnam certifying the lawful operation in Vietnam of the agencies or organizations applying for the permit.

- The draft or model of the document, leaflet or press release.

3. For foreign delegations

A dossier of application for a permit to publish documents, leaflets; to issue press release includes:

- The application for the permit, made according to form set by the Ministry of Culture and Information.

- The notarized copies of the invitation paper, the written approval of the working visit of the foreign delegations by the competent agencies mentioned in Clause 7, Article 3 of this Regulation.

- The draft or model of the document, leaflet and/or press release.

4. For international conferences

A dossier of application for the permit to publish documents, leaflets; to issue press releases include:

- The application for the permit, made according to form set by the Ministry of Culture and Information.

- The notarized copies of the permit for, the written approval of, the organization of international conferences by the competent Party and/or State agencies of the Socialist Republic of Vietnam.

- The draft or model of the document, leaflet, press release.

Article 11.- Permit granting

Within 30 days for bulletins and electronic bulletins and 15 days for documents and leaflets as from the date of receiving the valid dossiers, the Ministry of Culture and Information shall have to grant permits. In case of not granting the permits, the Ministry of Culture and Information shall have to reply and clearly state the reasons therefor.

Agencies and organizations wishing to issue press releases must submit the dossiers under the provisions in this Regulation at least 48 hours before the time planned for the issuance of the press releases. 24 hours after receiving the valid dossiers, if the Ministry of Culture and Information has no written reply, such agencies and organizations are allowed to issue the press release.

In case of necessity, the Ministry of Culture and Information shall authorize specific provincial/municipal Services of Culture and Information to grant permits for the issuance of press releases.

Chapter IV

INSPECTION, EXAMINATION, COMMENDATION AND HANDLING OF VIOLATIONS

Article 12.- Inspection and examination

1. The specialized culture and information inspectorate shall perform the function of specialized inspection under the provisions of law.

2. The Press Department of the Ministry of Culture and Information shall have to assume the prime responsibility and coordinate with the concerned agencies in organizing annual or extraordinary examinations of the publication of bulletins, documents and/or leaflets; the issuance of press releases, the publication or transmission of news bulletins on electronic screens.

3. The provincial/municipal Services of Culture and Information shall have to examine the publication of bulletins, documents and/or leaflets; the issuance of press releases; the publication or transmission of news bulletins on electronic screens in their respective localities according to the provisions of this Regulation.

Article 13.- Commendation

Organizations and individuals that record merits in detecting the violations of the provisions of this Regulation shall be commended/rewarded according to the State’s stipulations.

Article 14.- Handling of violations

Foreign organizations and individuals, legal persons involving foreign elements, in Vietnam, that fail to comply with the provisions of this Regulation shall, depending on the nature and seriousness of their violations, be handled in the following forms:

1. Withdrawing, confiscating the publications.

2. Cessation of publication.

3. Withdrawal of publication permits.

4. Sanctioning of administrative violations as provided for in the Government’s Decree No.31/2001/ND-CP of June 26, 2001 on sanctioning administrative violations in the field of culture and information.

5. Penal liability examination according to the provisions of Vietnamese law.

Article 15.- Competence to handle violations

1. The Ministry of Culture and Information shall decide on the withdrawal and/or confiscation of publications, cessation of publication, withdrawal of permits for publication of bulletins, documents and/or leaflets; the issuance of press releases; the publication or transmission of electronic news bulletins.

In case of particularly serious violations, the presidents of the provincial/municipal People�s Committees are competent to temporarily withdraw or confiscate publications, to cease the publication of bulletins, documents and/or leaflets, the issuance of press releases; the publication or transmission of electronic news bulletins and promptly report thereon in writing to the Minister of Culture and Information for consideration and decision.

2. The specialized culture and information inspectorate is competent to handle acts of violation prescribed in the Government’s Decree No.31/2001/ND-CP of June 26, 2001 on sanctioning administrative violations in the field of culture and information.

3. The provincial/municipal Services of Culture and Information shall have to organize the execution of the handling decisions of the Ministry of Culture and Information against the publication of bulletins, documents and/or leaflets; the issuance of press releases; the publication or transmission of electronic news bulletins in their respective localities.