Thông tư 13/2011/TT-BTTTT

CIRCULAR

ON VIETNAM-BASED REPRESENTATIVE OFFICES OF FOREIGN PUBLISHERS AND PUBLICATION DISTRIBUTORS

Pursuant to the December 3, 2004 Publication Law and the June 3, 2008 Law Amending and Supplementing a Number of Articles of the Publication Law;

Pursuant to the Government's Decree No. 111/2005/ND-CP of August 26, 2005, detailing and guiding a number of articles of the Publication Law, which was amended and supplemented under the Government's Decree No. 11/2009/ND-CP of February 10, 2009, and Decree No. 110/20I0/ND-CP of November 9, 2010;

Pursuant to the Government's Decree No. 187/2007/ND-CP of December 25, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communications;

At the proposal of the director of the Authority of Publication,

STIPULATES:

Article 1. Scope of regulation and subjects of application

1. Scope of regulation:

This Circular provides the establishment, operation and management of Vietnam-based representative offices of foreign publishers and publication distributors (below referred to as representative offices) in publishing activities.

2. Subjects of application:

a/ Foreign publishers and publication distributors (including also overseas established businesses and organizations conducting multiple business lines, including publishing and publication distribution) which establish representative offices in Vietnam;

b/ Vietnam-based offices of foreign publishers and publication distributors;

c/ The Ministry of Information and Communications" Authority of Publication and Inspectorate and provincial-level Information and Communications Departments.

Article 2. Establishment of Vietnam-based representative offices

The establishment of Vietnam-based representative offices of foreign publishers and publication distributors must be licensed by the Ministry of Information and Communications.

Article 3. Licensing of representative offices

1. A dossier of application for a license to establish a representative office (license) shall be made in one set in Vietnamese and English (in case of any inconsistency between a Vietnamese document and its English version, the Vietnam document prevails) and submitted directly, by post or delivery service to the Authority of Publication. A dossier comprises:

a/ An application for a license (made according to form No.1 provided in this Circular);

b/ The written certification of the foreign publisher's or publication distributor's lawful operations in its country of origin, made by a competent state authority or person;

c/ A certified copy or a copy, enclosed with its original for comparison, of the contract for lease of the working office of the representative office or equivalent paper;

d/ A certified copy or a copy, enclosed with its original for comparison, of the judicial record of the head of the representative office, issued by a competent Vietnamese agency.

2. In case a dossier is improperly made at variance with Clause 1 of this Article, within 5 (five) days after receiving it, the Authority of Publication shall notify such in writing to the applicant for dossier supplementation or return the dossier.

3. Within 30 (thirty) days after receiving a complete dossier as required in Clause 1 of this Article, the Authority of Publication shall propose the Minister of Information and Communications to grant a license. The time for dossier supplementation is not included in the licensing lime limit

4. A license is valid for 5 (five) years after its signing and may be renewed with each renewal not exceeding 5 (five) years.

5. In case of refusal to grant a license, the Authority of Publication shall notify in writing the applicant of the reason upon the expiration of the time limit specified in Clause 3 of this Article.

Article 4. Notification of operation of representative offices

Within 30 (thirty) days after receiving a license from the Ministry of Information and Communications, the representative office shall send a notice to the provincial-level Information and Communications Department of the locality in which it will be located and make an announcement on a printed or an online newspaper law fully operating in Vietnam (on 3 consecutive issues or for 3 consecutive days). A notice or announcement contains the following details:

1. Name, address, telephone number and website (if any) of the foreign publisher or publication distributor:

2. Name, address and telephone number of the representative office and other details (if any);

3. Full name and nationality of the representative office head;

4. Serial number, date of issue and validity duration of the license and licensing agency:

5. Operations of the representative office as stated in the license;

6. Date of commencement of operation.

Article 5. Re-grant and renewal of licenses and certification of modifications to licenses

1. Re-grant of licenses:

When its license is lost or damaged, the foreign publisher or publication distributor shall itself apply or authorize the representative office head to apply for re-grant of the license according to the following regulations:

a/ Within 5 (five) days after the license is lost or damaged, it/he/she shall send to the Authority of Publication and the provincial-level Information and Communications Department of the locality in which the representative office is located a notice clearly stating the reason for such loss or damage;

b/ Within 10 (ten) days after the license is lost or damaged, it/he/she shall submit a dossier of application for re-grant of the license. The dossier, comprising an application for re-grant of the license (made according to form No. 1 provided in this Circular) and a copy of the license, if any, or the damaged license, may be submitted directly, by post or delivery service to the Authority of Publication.

2. Renewal of licenses:

a/ At least 30 days before a license expires, the foreign publisher or publication distributor shall apply for renewal of the license. A dossier of application for renewal of a license, comprising an application (made according to form No. 2 provided in this Circular) and the granted license, may be submitted directly, by post or delivery service to the Authority of Publication.

b/ A license which was granted before the effective date of this Circular is valid for 5 (five) years from the date of its signing. A foreign publisher or publication distributor with an expired license shall make a dossier of application for renewal of the license under Point a of this Clause.

3. Certification of modifications to licenses:

At least 10 (ten) days before changing the address, head, name or operations of its representative office, the foreign publisher or publication distributor shall proceed with the following:

a/ In case of changing the address of the representative office:

To notify or authorize the representative office to notify in writing the change to the Authority of Publication and the provincial-level Information and Communications Department of the locality in which the representative office is located. To submit to the Authority of Publication directly, by post or delivery service the granted license, a certified copy or a copy, enclosed with the original for comparison, of the paper specified at Point c, Clause 1. Article 3 of this Circular and an application (made according to form No. 2 provided in this Circular);

b/ In case of changing the head, name or operations of the representative office:

To notify or authorize the representative office to notify in writing the change to the Authority of Publication and the provincial-level Information and Communications Department of the locality in which the representative office is located. To submit to the Authority of Publication directly, by post or delivery service the granted license, the judicial record specified at Point d. Clause 1. Article 3 of this Circular (in case of appointing a new head) and an application (made according to form No. 2 provided in this Circular).

4. Within 10 (ten) working days after receiving a complete dossier, for the cases specified in Clauses 1, 2 and 3 of this Article, the Authority of Publication shall consider and propose the Minister of Information and Communications to re-grant, renew or certify modifications to the license. In case of refusal, it shall issue a reply clearly stating the reason.

5. Pending the re-grant, renewal or certification of modifications to their licenses, representative offices may continue operating.

Article 6. Operations of representative offices

1 - To conduct communication about foreign publishers or publication distributors which they represent and their products through direct introduction, displays, exhibition, advertisement or in other forms under Vietnamese law.

2. To establish liaison between organizations and individuals in Vietnam and foreign publishers or publication distributors they represent:

3. To conduct market surveys to promote opportunities for the sale and purchase of publications between foreign publishers or publication distributors they represent and other organizations and individuals in Vietnam;

4. To support the exchange of information and cooperation in the field of copyright and publishing, printing and distribution of publications between foreign publishers or publication distributors they represent and other organizations and individuals in Vietnam under law;

5. To import publications for non­commercial purposes under law;

6. To conduct other operations under Vietnamese law on representative offices.

Article 7. Reporting requirements applicable to representative offices

1. Representative offices shall send reports (made according to form No. 5 provided in this Circular) to the Authority of Publication and provincial-level Information and Communications Departments of localities in which they are located twice a year on June 30 and December 31.

2. In unexpected circumstances, when requested by state management agencies in charge of publication, representative offices shall report on, supply documents or explain matters concerning their operations to state management agencies.

Article 8. Termination of operation of representative offices

1. A representative office shall terminate its operation when:

a/ The foreign publisher or publication distributor voluntarily terminates the operation of its Vietnam-based representative office;

b/ The foreign publisher or publication distributor terminates its operation, is dissolved or falls bankrupt;

c/ Its license expires;

d/ Its license is revoked under Clause 2. Article 10 of this Circular.

2. In the cases specified at Points a, b or c, Clause 1 of this Article, at least 30 (thirty) days before terminating its operation, a representative office shall:

a/ Post up a notice of termination of operation, clearly stating the time of termination, at its office;

b/ Send a notice of termination of operation, clearly stating the time of termination, to the Authority of Publication, the provincial-level Information and Communications Department of the locality in which it is located and concerned organizations and individuals;

c/ Announce the termination of operation and the time of termination on a printed or an online newspaper lawfully operating in Vietnam (on 3 consecutive issues or for 3 consecutive days).

Article 9. Prohibited acts

1. Representative offices may not;

a/ Operate without a license as required in this Circular;

b/ Represent other foreign publishers or publication distributors without a license;

c/ Establish or contribute capital to establish publishing, publication-printing or book-distributing businesses in Vietnam or carry out other profitable activities in Vietnam;

d/ Operate after foreign publishers or publication distributors terminate their operations, are dissolved or fall bankrupt.

2. Heads of representative offices may not:

a/ Sign contracts, conduct transactions or carry out profitable activities in Vietnam for representative offices or foreign publishers or publication distributors they represent;

b/ Establish or participate in the establishment or administration of publishing, publication-printing or book-distributing businesses in Vietnam in any forms.

Article 10. Cases ineligible for licensing or subject to revocation of licenses

1. The application for a license to establish a Vietnam-based representative office of a foreign publisher or publication distributor shall be rejected:

a/ Within 2 years after its license is revoked under Clause 2 of this Article;

b/ When there are grounds or evidence to believe that the establishment of the representative office will cause harm to the rights and lawful interests of Vietnamese organizations and individuals, violate treaties to which Vietnam is a contracting party or adversely affect Vietnam's relations with one or more than one country or territory in the world.

2. A foreign publisher or publication distributor shall have its license to establish a Vietnam-based representative office revoked and be forced to terminate the operation of its representative office when:

a/ The representative office operates at variance with the granted license;

b/ It violates Article 10 of the Publication Law;

c/ It fails to establish a representative office or the representative office fails to operate within 6 months after a license is granted, re granted or renewed;

d/ It violates Points b. c or d. Clause 1, Article 9 of this Circular;

e/ There are grounds or evidence to believe that the representative office, during its operation, causes harm to the rights and lawful interests of Vietnamese organizations or individuals, violates treaties to which Vietnam is a contracting party or adversely affects Vietnam's relations with one or more than one country or territory in the world.

Article 11. Responsibilities of foreign publishers and publication distributors

1. To comply with this Circular and Vietnamese law on representative offices.

2. To take responsibility before Vietnamese law for all operations of their Vietnam-based representative offices.

Article 12. Responsibilities of state management agencies

1. The Authority of Publication shall:

a/ Manage representative offices nationwide according to this Circular and relevant laws;

b/ Guide and organize the grant, re-grant and renewal of, and certification of modifications to, licenses under this Circular.

2. The Ministry of Information and Communications' Inspectorate shall:

a/ Assume the prime responsibility for, and coordinate with the Authority of Publication, provincial-level Information and Communica­tions Departments and other concerned functional agencies in, examining, inspecting and handling under law and this Circular violations committed by representative offices nationwide;

b/ Settle organizations' and individuals' complaints and denunciations about representative offices according to the law on complaints and denunciations.

3. Provincial-level Information and Communications Departments shall:

a/ Manage operations of representative offices in their localities according to this Circular and other relevant laws and promptly report violations to the Ministry of Information and Communications:

b/ Coordinate with the Ministry of Information and Communications' Inspectorate and the Authority of Publication in examining. inspecting and handling violations committed by representative offices.

Article 13. Promulgation of forms

To promulgate together with this Circular 5 forms, including:

1. Form No. 1: Application for grant or re-grant of a license to establish a Vietnam-based representative office;

2. Form No. 2: Application for extension of or certification of modifications to a license to establish a Vietnam-based representative office;

3. Form No. 3: License for establishing a Vietnam-based representative office of a foreign publisher;

4. Form No. 4: License for establishing a Vietnam-based representative office of a foreign publication distributor;

5. Form No. 5: Report on operations of a representative office.

(All the above forms are not printed herein)

Article 14. Effect

This Circular takes effect on September 1, 2011.

Any problems arising in the course of implementation of this Circular should be reported in writing to the Ministry of Information and Communications for consideration and settlement.-