Thông tư 23/2014/TT-BTTTT

Circular No. 23/2014/TT-BTTTT dated December 29, 2014, providing instructions on the implementation of a number of articles of the Law on publishing and the Decree No. 195/2013/ND-CP detailing some articles and implementation measures of the Law on publishing

Nội dung toàn văn Circular No. 23/2014/TT-BTTTT providing of the Law on publishing and the Decree No. 195/2013/ND-CP


MINISTRY OF INFORMATION AND COMMUNICATIONS
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 23/2014/TT-BTTTT

Hanoi, December 29, 2014

 

CIRCULAR

PROVIDING INSTRUCTIONS ON THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LAW ON PUBLISHING AND THE GOVERNMENT’S DECREE No. 195/2013 / ND-CP DATED NOVEMBER 21, 2013, DETAILING SOME ARTICLES AND IMPLEMENTATION MEASURES OF THE LAW ON PUBLISHING

Pursuant to the the Law on the State bank of Vietnam No. 46/2010 / QH12 dated June 16, 2010;

Pursuant to the Law on Publishing dated November 20, 2012;

Pursuant to the Government’s Decree No. 132/2013 / ND-CP dated October 16, 2013 on the functions, tasks, powers and organizational structure of the Ministry of Information and Communications;

Pursuant to the Government’s Decree No. 195/2013 / ND-CP dated November 21, 2013, detailing a number of articles and implementation measures of the Law on Publishing;

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

The minister of the Department of Information and Communications promulgates this Circular, providing instructions on the implementation of some articles of the Law on Publishing and the Government’s Decree No. 195/2013 / ND-CP dated November 21, 2013, detailing a number of articles and implementation measures of the Law on Publishing.

Chapter I

GENERAL PROVISIONS

Article 1. Governing scope

This Circular shall provide instructions on the implementation of a number of articles of the Law on publishing and the Government’s Decree No. 195/2013 / ND-CP of November 21, 2013, detailing a number of articles and implemention measures of the Law on publishing(hereinafter referred to as Decree No. 195/2013 / ND-CP) on organization, operation in the field of publishing, printing and releasing of publications and publishing and releasing electronic publications.

Article 2. Regulations of periodic reports prescribed in clauses 1 and 2 of Article 5 of Decree No. 195/2013 / ND-CP

1. Regulated entities:

a) Publishers; representative offices in Vietnam of foreign publishers or the issuers of foreign publications (hereinafter referred to as representative offices); the releasing establishments of the publication being businesses, public service providers whose headquarters and branches are located in two or more centrally-affiliated cities and provinces ; importing establishments of the publications and organizations, individuals releasing electronic publications must report in writing on their operations to the Ministry of Information and Communications (through the Department Publishing, Printing and Releasing).

Central and local printing establishments shall combine the report contents on the printing of publications with those specified in the Government’s Decree No. 60/2014 / ND-CP of June 19, 2014, defining the printing operation;

b) Releasing establishments of publications being businesses, public service providers whose headquarters and branches are located in the same centrally-affiliated citie and province shall report in writing on their operations to the local Department of Information and Communications ;

c) The Department of Information and Communications shall summarize the operations and management in publishing and releasing of publications in localities and report in writing to the Ministry of Information and Communications (through the Department of Publishing, Printing and Releasing).

Summarizing and reporting on printing the publications shall be carried out in conjunction with the report regulations under the provisions of the Government’s Decree No. 60/2014 / ND-CP of June 19, 2014 on printing .

2. Report period figures:

a) For the reports of the first 06 months, the report period figure is from January 01 to June 30 of the reporting year;

b) For the annual reports, the report period figure is from January 01 to December 31 of the reporting year.

3. Report deadline:

a) Entities prescribed at Points a and b, Clause 1 of this Article shall submit the first 06 months’ reports at the latest on July 10 of the reporting year and the annual report at the latest on January 10 of the year following the reporting year;

b) The Department of Information and Communications shall submit the first 06 months’ reports at the latest on July 15 of the reporting year and the annual report at the latest on January 15 of the year following the reporting year.

4. Form and method of submitting reports:

a) Reports shall be under the form of paper documents stamped, signed by the heads of agencies, organizations or individuals implementing report regulations;

b) Reports shall be submitted by one or more ways: by post, fax, direct submission or Internet electronic mail (e-mail).

If a report is submitted by e-mail, its files must be formatted in Word or Excel and attached Pdf format scanned from paper documents to compare and ensure the accuracy of the reported information.

Article 3. Receipt of applications and handling of administrative procedures in publishing

1. Department Publishing, Printing and Releasing shall receive applications and settle the administrative procedures under the cpmpetence of the Ministry of Information and Communications specified in the Publishing Law, Decree No. 195/2013 / ND-CP and this Circular, according to assigned functions, tasks, powers.

2. Department Publishing, Printing and Releasing shall receive applications and settle the administrative procedures under the competence of the People's Committee of centrally-affiliated cities and provinces (hereinafter referred to as the provincial People's Committee) specified in the Publication Law, Decree No. 195/2013 / ND-CP and this Circular, according to assigned functions, tasks, powers .

Article 4. Responsibilities for training courses and fostering legal and professional knowledge in publishing, printing and releasing of publications

1. Department of Publishing, Printing and Releasing shall take charge and coordinate with involved agencies to organize training, fostering legal and professional knowledge in publishing, printing and releasing of publications nationwide.

2. Department of Information and Communications in centrally-affiliated cities and provinces shall take charge and cooperate with involved agencies to organize training of legal knowledge in publishing, printing and releasing of publications in localities

Chapter II

PUBLISHING

Article 5. Guidance on signing for approval of complete manuscripts before printing as prescribed at point e, clause 1 of Article 18 of the Publishing Law

1. A manuscripts shall be signed for approval if :

a) The manuscript printed on ordinary paper (including the content of publication, the information on the publication, the cover) must be edited completely, signed by the Chief Editor on the cover, the front page and the last page and signed by the editor of the publisher on the cover and each page of the manuscript;

b) The manuscript printed on tracing paper or film (including the content of publication, the information on the publication, the cover) must be edited completely, signed by the Chief Editor on the cover, the front page and the last page and signed by the editor of the publisher on the cover and each page of the manuscript;

c) The electronic manuscript being a file (including the content of publication, the information on the publication, the cover) must be edited completely by the Chief Editor and editors of the publisher, and stored in CD, CD-ROM, USB, hard drive or other data storage devices with the file format which does not allow modification.

2. Ways of signing for approval manuscript of director (general director) of publisher:

a) For the manuscript printed on ordinary paper, the director ( general direcor) of publisher shall sign on the cover, the front page and the last page of the manuscript or on the manuscript approval sheet signed fully by the chief editor and the editors of the publisher and stamped on adjoining edges of pages;

b) For the manuscript printed on tracing paper or film, the director ( general dirctor) of publisher shall sign the cover, the front page and the last page of the manuscript or on the manuscript approval sheet signed fully by the chief editor and the editors of the publisher and stamped on adjoining edges of pages of ;

c) For electronic manuscript, the director( general director) of publisher shall sign on the manuscript approval sheet signed fully by the chief editor and the editors of the publisher.

Article 6. Procedures of withdrawal, regrant of editing practice certificates

1. The procedures of withdrawal, regrant of editing practice certificates prescribed in clause 3 of Article 20 of the Law on Publishing shall be as follows:

a) The determination to withdraw the editor’s editing practice certificate as prescribed in clause 3 of Article 20 of the Publishing Law must be recorded in writing by the Department of Publishing, Printing and Releasing;

b) Within 05 working days after recording in writing, the Director of Publishing, Printing and Releasing must issue a decision to withdraw the editing practice cetificate;

c) Since the date of the decision to withdraw the editing practice certificate, the editor must not edit the manuscript or undersign on the publication and must submit the editing practice certificate to the Department of Publishing, Printing and Releasing.

2. Unless the editor having the editing practice certificate is convicted of a legal effective judgment by the court of a very serious crimes, offenses against national security , procedures for regranting the editing practice certificate prescribed in clause 4 of Article 20 of the Law on Publication shall be carried out as follows,

a) After 02 years of being withdrawn the editing practice certificate, the editor shall request the Department of Publishing, Printing and Releasing to regrant it. Applications shall be in 01 (a) set, including:

A written request for regranting the editing practice certificate and a resume;

Copies (presented together with the original for comparison) or certified true copies of the following documents: university graduation Diploma or higher; completion certificate of fostering course of legal knowledge and editing professional ability which is granted within 06 months before the editors submit the application for regranting the editing practice certificate;

b) Within 15 days after receiving of application, the Department of Publishing, Printing and Releasing shall consider regranting the editing practice certificate to the editor; If the application is rejected, the Department of Publishing, Printing and Releasing must make a reply in writing and clearly state the reasons.

3. Procedures for regranting the editing practice certificate specified in clause 5 of Article 20 of the Law on Publishing shall be as follows:

a) Within 15 days after the editing practice certificate is lost or damaged, the editor must have an application of regranting it. Applications shall be in 01 (a) set, including:

A written request for regranting the editing practice certificate;

The original of the damaged editing practice certificate; or the copy of the lost editing practice certificate (if any);

b) Within 10 days after receiving the application, the Department of Publishing, Printing and Releasing shall consider regranting the editing practice certificate to the editor; If the application is rejected, the Department of Publishing, Printing and Releasing must make a reply in writing and clearly state the reasons.

Article 7. Basic content of association contracts specified in point b, clause 3 of Article 23 of the Publishing Law

In addition to the information required by the provisions of law on contract, association contracts between publishers and affiliate partners specified at Point b, Clause 3, Article 23 of the Law on Publication must provide the following information:

1. Name and address of the publishers and affiliate partners;

2. Name of the publication and the author

3. The publishing registration confirmation number of Publishing, Printing and Releasing Department, except for association to develop the manuscript;

4. Publishing association under the provisions of clause 2 of Article 23 of the Law on Publishing;

5. Responsibilities of each party in execution the laws of publishing and intellectual property rights in editing, printing and releasing the publications;

6. Responsibilities of associated partners in execution the decisions of the general manager (director) of the publisher on releasing of publications; suspending the releasing, withdrawing, destroying violated publications;

7. Responsibilities for indemnity for damages of the parties for breach of the terms of contract and the provisions of the law on publishing and intellectual property rights;

8. Other contents which are not contrary to the provisions of the law on publishing and the laws involved.

Article 8. Management of publishing registration confirmation number specified in clause 6 of Article 10 of Decree No. 195/2013 / ND-CP

1. The publishing registration confirmation number shall be granted to each publication and recorded in the publishing registration certificate. Publishers must record the exact publishing registration confirmation number on publications published under the guidance in publishing registration certificate.

2. At the latest on March 31 of the year following the year of publishing registration confirmation, publishers must report to the Department of Publishing, Printing and Releasing on the name list of publications which have been granted the publishing registration confirmation number but have still not published.

Article 9. Publishing registration through internet specified in clause 6 of Article 10 of Decree No. 195/2013 / ND-CP

In addition to submitting the publishing application directly or by post to the Department of Publishing, Printing and Releasing, publishing registration through the internet shall be as follows:

1. The publisher shall have certificate authority granted by an organization providing of signature authentication service to register for publishing through the Internet;

2. The Publisher shall enumerate the publishing registration information according to the instructions on the Website of the Department of Publishing, Printing and Releasing about the provision of online public services.

Article 10. Applications and procedures for granting publishing licenses for non-commercial materials specified in Article 12 of Decree No. 195/2013 / ND-CP

1. Applications for granting publishing licences for non-commercial materials shall be submitted directly or by post to the Department of Publishing, Printing and Releasing or to the Department of Information and Communications.

If submitting through the internet, organizations requesting for granting licences must have certificate authority granted by an organization providing of signature authentication service and follow the instructions on the Website of the Department of Publishing, Printing and Releasing, Department of Information and Communications for providing online public services.

2. Organizations requesting for granting publishing licences for non-commercial materials shall make 01( a) set of application, including:

a) A written request for granting a license;

b) A copy (presented together with the original for comparison) or a certified true copy of one of these documents: establishment decision; operation license; business registration certificate, investment certificate, enterprise registration certificate;

The organizations requesting for granting licences being the Party and State organizations shall be not required to submit the documents specified in this clause.

c) 03 (three) material’s manuscripts printed on paper; if the material is in foreign languages, languages of Vietnamese ethnic minorities, it must be accompanied with a Vietnamese translation.

For the electronic publication, there shall be data storage devices containing its entire contents with the file format which does not allow modification;

d) Applications prescribed in points a, b and c of this clause shall be along with the written confirmation of organizations undersigning of seminars and conferences in the case of published material being the summary records of the seminars and conferences; or along with the written confirmation of governing organizations or ones with competence in profession management in case of published materials being summary records of professions specified in Clause 1, Article 12 of Decree No. 195/2013 / ND-CP.

Article 11. Guidance on writing information on publications

In addition to the provisions of Article 27 of the Law on Publishing, writing information on publications shall comply with the following provisions:

1. For publications which are printed books:

a) Author’s name, translator's name, transcriber’s name, composer’s name shall not be written on the covers of the books with contents of documents of the Party; legal documents; prayer documents, canon law of religion legally operating in Vietnam;

b) For the name and address of the printing establishment specified at Point c, Clause 1, Article 27 of the Law on Publishing, full name and address of each establishment directly pre-pressing, printing, post-pressing must be written along with name and address of its headquarter.

c) Page numbers must be written

d) Using the image of the national emblem on books must comply with the provisions of the relevant legislation;

dd) The words "Advertisement Book" must be written on the fourth cover of books specializing on advertising.

2. For electronic publications:

a) The full information shall be written as prescribed in clause 5 of Article 27 of the Law on Publishing in the first part of the publication, except for the size, the proofreader’s name, print number, name and address of the printing establishment;

b) Location to write the publishing registration confirmation number shall be the first interface or the first part of the electronic publication on the Internet or in the terminal equipment’s software.

3. For publications which are not books

a) For pictures, photos, maps, posters, flyers and leaflets: The publishing registration confirmation number or publishing refistration license number of non-business materials must be written at the right bottom of the front page or last page;

a) For the name and address of the printing organizations specified at Point b, Clause 2, Article 27 of the Law on publishing, full name and address of each establishment directly pre-pressing, printing, post-pressing must be written along with name and address of its headquarter

b) For bloc and sheet calendars:

Calendar day, date ,week ,month ,year must be written in accordance with the State of Vietnam’s calendar Table issued by the competent authorities.

In addition to information about calendar day, date, week , month , year , according to the size, propety and use purpose of the calendar , the director ( general manager ) of the publisher shall decide to choose the remaining information in calendar Table of the State of Vietnam and further information to print on the calendar and ensure accuracy , accordance with the habits and customs of Vietnam, and clearly annotate the source of information and data ; not write information that gives recommendation without any scientific basis ;

The information on calendar must be printed in Vietnamese; in case of using Vietnamese, Vietnamese ethnic minorities’ languages and foreign languages which have the same content, the Vietnamese shall be in larger font size;

National Day holidays and Sundays must be printed in red; major anniversaries of the country must be in red or presented and designed differently from the rest days of the week;

The name of publisher, publishing registration confirmation number, publishing decision number, print quantity, size, name and address of the printing establishment, the name and address of the associated partners (if any) must be written on the cover of bloc calendar and at the right bottom of the December calendar sheet for sheet calendar;

For the name and address of the printing organizations specified at Point b, Clause 2, Article 27 of the Law on Publishing, full name and address of each establishment directly prepressing, printing, post-pressing must be written in addition to the name and address of its headquarter.

c) For book calendars, desk calendars and other printed calendars: name of the publisher; publishing registration confirmation number; publishing decision number; printing quantity; name and address of the printing establishment’s headquarter ; name and address of each establishment directly prepressing, printing and post-pressing; name and address of the associated partner (if any) and director (general manager) deciding to written information location must be written

d) For sound recordings, video recordings with contents of the books or illustrations for the books (including CDs, CD-ROMs, cassette tapes, video tapes, other data storage devices), publishing registration confirmation number, non-business material publishing license number shall be written on:

The label stuck on the surface of CD, CD-ROM and the outside surface of the disc box;

The label stuck on the outside surface cassette tape’ box, video tape’s box, other data storage devices.

Article 12. Procedures for submission legal deposit publication and submission publication to National Library of Vietnam as precsribed in clause 28, article 48 of the Law on Publishing and article 21 of decree No. 195/2013/ND-CP

In addition to the provisions of Article 28 and Article 48 of the Law on Publishing, Article 21 of Decree No. 195/2013 / ND-CP, procedures for submission legal deposit publication and submission publication to the National Library of Vietnam shall be as follows:

1. For print publications:

a) They shall be submitted by post or directly to the Department of Publishing, Printing and Releasing, the Department of Information and Communications, the National Library of Vietnam;

b) When each publication is submitted legal deposit and to the National Library of Vietnam, it must be accompanied by two (02) deposit declarations ;

c) For publication of the publisher: the stamp of the publisher or publisher branch and signature of the publisher’s leader or those authorized in writing by the publisher’s leader must be on the page printed publishing registration confirmation number, publishing decision number.

d) For non-business materials granted the publishing licence by the Deparment of Publishing, Printing and Releasing or by the Department of Information and Communications: the stamp and signature of the leader of the agency or organization granted the publishing licence or those authorized in writing by the leader of the agency or organization must be on the page printed the publishing licence number.

2. For electronic publications:

In addition to implementation of the provisions of Clause 1, Article 21 of Decree No. 195/2013 / ND-CP, publishers, agencies and organizations granted the non-business material publishing licence must meet the following requirements:

a) They must have certificate authority granted by an organization providing of signature authentication service to submit legal deposit of publications through the Internet and to ensure the integrity of publications submitted legal deposit and to the National Library of Vietnam;

b) Submitting electronic publication through the Internet must comply with the instructions on how to submit on the Website of the Department of Publishing, Printing and Releasing, the Department of Information and Communications, the National Library Vietnam;

c) Electronic publication contained in a data storage device must be sent by post or submitted directly to the Department of Publishing, Printing and Releasing, the Department of Information and Communications, the National Library Vietnam.

3. The time for submitting legal deposit publication and submitting publication to the National Library of Vietnam is determined at the part of signing receipt of legal deposit receiving agency and in the deposit declaration of the National Library of Vietnam.

4. The Deparment of Publishing, Printing and Releasing, the Department of Information and Communications shall organize the deposit warehouse to store legal deposit publications within 24 months and liquidate after the legal deposit time.

Chapter III

PRINTING PUBLICATIONS

Article 13. Detailing point b, clause 1 of Article 32 of the Publishing Law on necessary devices for one or more stages of pre-pressing, printing, post-pressing

Printing establishments performing one or more stages of prepressing, printing, post-pressing the publications must have devices corresponding with each stage:

1. For the prepressing stage: the printing establishment must have at least one of the devices: film recorder, zinc recorder, printing formating machine;

2. For printing stage: The printing establishment must have a printer;

3. For pre-pressing stage: The printing establishment must have the paper-cutter machine and at least one of the devices: binding machines (steel binding or thread stitch ), cover closing machine, conjugate mounted machine, conjugate line to complete the printing product.

Article 14. Procedures for regranting the license of printing publications specified in Clause 5 of Article 32 of the Law on Publishing

1. If the licence of printing publication has been lost or damaged, the printing establishment must have an application for regranting it.

2.The application for regranting the license of printing publication shall be submitted directly or by post to the Department of Publishing, Printing and Releasing or the Department of Information and Communications.

If submitting the application through the Internet, the printing establishments must have certificate authority granted by an organization providing of signature authentication service and follow the instructions on the Website of the Department of Publishing, Printing and Releasing, the Department of Information and Communications about providing online public services .

3. The application shall be in 01 (a) set, including:

a) A written request for regranting;

b) The original of the damaged licence( if any); or the copy of the lost licence;

Within 07 working days after receiving the satisfactory application, the Department Publishing, Printing and Releasing or the Department of Information and Communications must regrant the licence; If the application is rejected, the Department Publishing, Printing and Releasing or the Department of Information and Communications must make a reply in writing and clearly state the reasons.

Article 15. Procedures for renewal licenses for printing publication prescribed in clause 6 of Article 32 of the Law on Publishing

1. Within 15 days after any change in the provisions of Clause 6 of Article 32 of the Law on Publishing, the printing establishment must have an application for renewal the license for printing publication.

2. The application for renewal the license shall be submitted directly or by post to the Department of Publishing, Printing and Releasing or the Department of Information and Communications.

If submitting the application through the Internet, the printing establishment must have certificate authority granted by an organization providing of signature authentication service and follow the instructions on the Website of the Department of Publishing, Printing and Releasing, the Department of Information and Communications about providing online public services.

3. The application shall be in 01 (a) set, including:

a) A written request for renewal of license for printing publication;

b) The original of the license for printing publication;

c) Proven documents of the changes specified in clause 6 of Article 32 of the Law on Publishing.

4. Within 07 working days after receiving the satisfactory application, the Department of Publishing, Printing and Releasing or the Department of Information and Communications must renew the license for printing publication; If the application is rejected, the Department Publishing, Printing and Releasing or the Department of Information and Communications must make a reply in writing and clearly state the reasons.

Article 16. Procedures for withdrawal of licenses for printing publications in the cases prescribed in Clause 8 of Article 32 of the Law on Publishing and Clause 3 of Article 13 of Decree No. 195/2013 / ND-CP

1. Procedures for withdrawing the license of printing publications in the cases specified in Points a and b, Clause 8 of Article 32 of the Law on Publishing, Point a, Clause 3, Article 13 of Decree No. 195/2013 / ND CP shall be as follows:

a) Information and communications industry shall inspect to determine to consider withdrawing the license for printing publications;

b) Competent agencies and persons shall inspect the printing establishment and make a report. Within 05 working days after making the report, such agencies or persons shall report in writing to the agency granting the licence for printing publication;

c) Within 05 working days after receiving the written report of the competent agency or person specified at Point a of this Clause, the Department of Publishing, Printing and Releasing or the Department of Information and Communications must request in writing the printing establishment to remedy the shortcomings which may lead to being withdrawn its licence within 30 days;

d) After 30 days, if the printing establishment does not remedy the shortcomings which may lead to being withdrawn its licence, the Director of Publishing, Printing and Releasing or the Director of Information and Communications shall issue a decision to withdraw the license and request the establishment to submit its granted licence.

2. Procedures for withdrawing the licence for printing publication in the cases prescribed at Point b, Clause 3, Article 13 of Decree No. 195/2013 / ND-CP:

After 06 months since the licence is granted, if the printing establishment does not have sufficient equipment and does not submit a copy of receipt of equipment purchase and leasing-purchase as specified in point c, clause 2 of Article 13 of Decree No. 195/2013 / ND-CP, the Department of Publishing, Printing and Releasing or the Department of Information and Communications shall issue a decision to withdraw the license and request the printing establishment to submit its granted licence.

Article 17. Storage and management of printing receipt dossier of publication as prescribed in clause 1 of Article 35 of the Law on Publishing

The head of the printing establishment must store and manage the printing receipt dossier of publication within 24 months after signing the contract to print. The dossier shall include:

1. For publications:

a) The original of the publishing decision of the general manager (director) of the publishers;

b) The original of the contract of pre-pressing, printing, post-printing between the printing establishment and the publisher;

c) The original of the manuscript approval sheet in case it is enclosed with the manuscript and one of the manuscripts printed on ordinary paper, on tracing paper, on film, electronic manuscript meeting the provisions of Article 5 this Circular.

2. For non-business materials granted the publishing licence:

a) The original of the licence for publishing non-business material

b) The original of the contract of pre-pressing, printing, post-printing among the printing establishment and the publisher and the agencies, organizations granted the licence for publishing non-business material;

c) The manuscript printed on ordinary paper with the stamp of the agency granting the license for publishing non-business material.

3. For publications printed for foreign organizations and individuals:

a) The original of the licence for printing publications for foreign organizations and individuals;

b) The manuscript with the stamp of the agency granting the licence for printing publications for foreign organizations and individuals.

4. When cooperating in pre-pressing, printing, post-pressing as preccribed in law, in addition to storing the copies of dossier of publication printing receiving in each case specified in Clauses 1, 2 and 3 of this Article, the printing establishments must store the following documents:

a) The original of the document in which the organization or individual of publications, non- business material shall agree to cooperate with the printing establishment as prescribed in law;

b) The original of the contract of cooperation in pre-pressing, printing, post-pressing the publication.

5. The notebook of writing and management of publication pre-pressing, printing, post-pressing receiving with sufficient information.

Chapter IV

PUBLICATION RELEASE FIELD

Article 18. Procedures for registration of releasing publications specified in Article 37 of the Law on Publishing

1. The publication releasing establishments being enterprises, public service units (hereafter referred to as releasing establishments) must register for releasing the publications in each case specified in points a and b, Clause 1, Article 37 of the Law on Publishing 15 days in advance.

2. The application of publication release shall be submitted directly or by post to the Department of Publishing, Printing and Releasing or the Department of Information and Communications.

If submitting the application through the Internet, the releasing establishments must have certificate authority granted by an organization providing of signature authentication service and follow the instructions on the Website of the Department of Publishing, Printing and Releasing, the Department of Information and Communications about providing online public services.

3. Application shall be in 01(a) set, including:

a) An written registration of releasing publication

b) Copies (presented together with the original for comparison) or certified true copies of one of the following documents: business registration certificate, enterprise registration certificate, investment certificate, tax registration certificate, decision to establish a releasing establishment being public non-business units ;

c) Copies (presented together with the original for comparison) or certified true copies of the place’s ownership documents or contracts of leasing or borrowing the place for business;

d) Copies (presented together with the original for comparison) or certified true copies of family register or proof document of residence in Vietnam of the head of the releasing establishment granted by the competent authorities of Vietnam;

dd) Copies (presented together with the original for comparison) or certified true copies of diplomas or certificates of fostering professional knowledge on publication release of the head of the releasing establishment granted by the training and fostering institutes specializing in publishing publications .

4. Within 07 working days after receiving the application, the Department Publishing, Printing and Releasing or the Department of Information and Communications must issue registration certificate of releasing publications; In the absence of granting of the certificate, there must be written reply clearly stating the reasons.

Registration certificate of releasing publications shall be invalid if the the releasing establishment is acquired, divided, dissolved or bankrupt.

Article 19. Notification or re-registration of releasing publications of releasing establishments being enterprises, public service units in any changes.

1. The releasing establishment shall notify in writing, accompanied by proof documents of the changes and send them to the Department of Publishing, Printing and Releasing or the Department of Information and Communications within 10 days after having one of the changes in:

a) Types of organization;

b) Heads of the releasing establishment;

c) Locations of its headquarters, branch, business place in the same centrally-affiliated cities and provinces.

2. The releasing establishment must register again its releasing publications in the procedures as specified in Article 18 of this Article within 10 days after having one of the changes in:

a) Moving its head office or branch to other centrally-affiliated cities and provinces;

b) Establishing or dissolving of its branch in the same centrally-affiliated cities and provinces where its head office is located;

c) Establishing or dissolving its branch in centrally-affiliated cities and provinces provinces where its head office is not located.

Article 20. Applications and procedures for registration of publication import for business are prescribed in Article 39 of the Law on Publishing

1. Application for registration of publication import for business shall include:

a) A written registration for publication import ;

b) 03 (three) copies of the lists of registered publication for import

2. Applications for publication import for business shall be submitted directly, or by post to the Department of Publishing, Printing and Releasing.

If submitting through the Internet, the releasing establishment must have certificate authority granted by an organization providing of signature authentication service and follow the instructions on the Website of the Department of Publishing, Printing and Releasing, the Department of Information and Communications about providing online public services .

3. If changing information in the list of imported publication which has been confirmed of registration, the business establishment of publication import must report in writing on the changed content, and register new information (if any) to the Department of Publishing, Printing and Releasing to confirm additional registration.

Article 21. Verification of non-business imported publication with law violation signs specified in clauses 5 and 6 of Article 41 of the Law on Publishing

1. If the agency, organization or individual does not provide 01 (a) publication to verify its content on which decision on granting the import licence is based, the Department of Publishing, Printing and Releasing or the Department of Information and Communications shall grant the import licence for 01 (a) publication and request such agency, organization and individual to submit one for evaluation.

If necessary, the Department of Publishing, Printing and Releasing, the Department of Information and Communications shall grant the additional import licence for the minimum number of publication enough to verify the content.

2. Organizations and individuals having imported publications must pay a fee under the provisions of the law before the Department Publishing, Printing and Releasing or the Department of Information and Communications verifies its content.

3. Within 15 days after receiving the imported publications to verify its content, the Director of Department of Publishing, Printing and Releasing or the Department of Information and Communications shall establish a verification board and decide on the board members, member quantity and inviting experts to participate in the board

4. The verification time for each publication shall not exceed 09 working days after the board is established. The results shall be written in a document which defines the content of publication with or without violation of the Publishing Law and other relevant provisions of law.

5. Within 05 working days after receiving the verification results of the content of imported publication, the Department of Publishing, Printing and Releasing or the Department of Information and Communications shall consider the results to grant import licences; In the absence of granting of the import licence, there must be written reply clearly stating the reasons

Chapter V

REPRESENTATIVE OFFICES IN VIETNAM OF FOREIGN PUBLISHERS AND FOREIGN PUBLICATION RELEASING ORGANIZATIONS

Article 22. Adjustment and addition of information in establishment license of representative offices when there is a change.

1. The representative office must complete the procedures for requesting for adjustment, addition the information in the license to establish the representative office within 05 working days after having one of changes in:

a) Its location.

b) Its head, name and operation content

2. Application for adjustment and addition information in the license to establish a representative office shall be submitted directly or by post to the Department of Publishing, Printing and Releasing as follows:

a) If the representative office is relocated, the application shall be in 01 (a) notarized set in Vietnamese and English, including:

A written request for adjustment and addition the information in the license;

The licence to establish the representative office;

Proof documents of its own seat or contract of leasing the seat to be the office representative office in the new location;

b) In case of changing the head, name, operation content or representative office, the dossier shall be in 01 (a) notarized set in Vietnamese and English, including:

A written request for adjustment and addition information in the licence;

The licence to establish the representative office;

Copies (presented together with the original for comparison) or certified copies of the documents: college diploma or higher, judicial certification and family register or proof documents of residence in Vietnam of the head of the representative office granted by the competent authorities of Vietnam.

3. Within 07 working days after receiving the satisfactory application, the Department Publishing, Printing and Releasing shall request the Minister of Information and Communications Department to confirm the changed information in the licence to establish the representative office; If the application is rejected, the Minister of Information and Communications Department must make a reply in writing and clearly state the reasons

Article 23. Representative office’s responsibilities

1. Operate in accordance with the contents of the license to establish the representative office granted by the Ministry of Information and Communications.

2. Does not represent for foreign publishers or other foreign publication releasing organizations.

3. Does not establish, contribute capital to establish businesses or perform any work directly make profits in Vietnam.

4. Terminate the operations if foreign publishers, foreign publication releasing organizations terminate its operation, dissolve, bankrupt in their countries.

5. Publicly post at the representative office of the termination of operation, and send a written notice of the operation termination to the Ministry of Information and Communications, the local Department of Information and Communications and agencies, organizations and individuals involved at least 15 days before the termination of operation.

6. Comply with the Law on Publishing, Decree No. 195/2013 / ND-CP of this Circular and other provisions of the law of Vietnam on representative office.

Chapter VI

PUBLISHING AND RELEASE OF ELECTRONIC PUBLICATIONS

Article 24. Responsibilities for project verification and confirmation of registration for publishing and release of electronic products specified in Article 18 of Decree No. 195/2013 / ND-CP

1. Within 15 days after receiving the project for publishing and release of electronic publications of publishers, organizations and individuals as prescribed in clause 1 of Article 18 of Decree No. 195/2013 / ND-CP, the Department of Publishing, Printing and Releasing shall consider the suitability and ability to meet the conditions specified in Article 17 of Decree No. 195/2013 / ND-CP shown in the project and give verification comment in writing.

2. Within 20 days after receiving the application for publishing and release electronic publications, the Department of Publishing, Printing and Releasing shall verify the satisfaction of the conditions in the project according to the verification comment and confirm in writing the registration of publishing and release of electronic publication with publishers, organizations and individuals; In the absence of confirming, there must be written reply clearly stating the reasons

Article 25. Technical measures of control copyright of publishing, release electronic publications specified in Clause 3, Article 17 of Decree No. 195/2013 / ND-CP

Publishers and organizations, individuals releasing electronic publications must satisfy the conditions of technical measures to control the copyright of publishing, release of electronic publications specified in point dd, Clause 3 Article 17 of Decree No. 195/2013 / ND-CP:

1. Having equipment, technical software resisting intervention, change and unauthorized copying one part or all of the contents of electronic publications;

2. Having technical measures to verify the legitimacy of users when they access and use electronic publications and to ensure the privacy, safety and protection of personal information;

3. Having provisions of compliance with the law on publishing and intellectual property rights for the users before they access and use the electronic publications

Article 26. Number format of the electronic publications prescribed in pointc, clause 2 of Article 19, Decree No. 195/2013 / ND-CP

1. The number format of the electronic publication must meet the following requirements:

a) According with the popular electronic equipment and complying with standards of current technology;

b) Allowing to set up the function of resisting intervention, change and unauthorized copying on part or all of the contents of electronic publications.

2. Publishers, organizations and individuals releasing electronic publications shall provide detailed information and number format structure to the pulishing management state agencies upon request.

Chapter VII

IMPLEMENTATION

Article 27. Form issuance

06 appendices including forms to apply uniformly in publishing operations shall be granted together with this Circular

1. Appendix I shall include 16 forms applied in publishing;

2. Appendix II shall include 07 forms applied in printing;

3. Appendix III shall include 17 forms applied in release;

4. Appendix IV shall include 04 forms applied to representative offices in Vietnam of foreign publishers, the foreign publication release organizations;

5. Appendix V shall include 03 forms applied in publishing and release of electronic publications;

6. Appendix VI shall include 09 forms applied in reporting and certificate of completion of fostering course on professional ability in publishing, printing and releasing .

Article 28. Effect

1. This Circular takes effect from May 15, 2015

2. The following provisions and legal documents shall expire after this Circular takes effect:

a) The Ministry of Culture – Information’s circular No. 61/2006 / TT-BVHTT dated June 15, 2006, guiding printing information on calendars;

b) The Ministry of Culture – Information’s Decision No. 102/2006 / QD-BVHTT dated December 29, 2006, promulgating regulations on publication legal deposit;

c) The Ministry of Information and Communications’ Decision No. 38/2008 / QD-MIC dated June 17, 2008, promulgating regulations on association in publishing ;

d) The Minister of Information and Communications’ Circular No. 02/2010 / TT-MIC dated January 11, 2010, detailing the implementation of some provisions of the Law on Publishing dated December 3, 2004, law on amending and supplementing a number of articles of the Law on Publishing dated June 3, 2008, Decree No. 111/2005 / ND-CP dated August 26, 2005 and Decree No. 11/2009 / ND-CP dated February 10, 2009;

dd) ) The Minister of Information and Communication’s Article 11 of Circular No. 22/2010 / TT-MIC dated October 6, 2010, defining the printing organization and operation; amending and supplementing a number of provisions of Circular No. 04/2008 / TT-MIC dated July 9, 2008 and the Ministry of Information and Communications ‘s Circular No. 02/2010 / TT-MIC dated January 11, 2010 ;

e) The Ministry of Information and Communications’s Circular No. 29/2010 / TT-MIC dated December 30, 2010, defining the publishing non-business materials;

g) The Minister of Information and Communications’ Circular No. 12/2011 / TT-MIC dated May 27, 2011, amending, supplementing and replacing a number of the provisions of Circular No. 02/2010 / TT-MIC dated January 11, 2010;

h) The Minister of Information and Communications’ Circular No. 13/2011 / TT-BTTT dated June 6th, 2011, defining the representative offices in Vietnam of foreign publishers, foreign publication publishing products.

3. Any problems arising in the course of implementation should be report in writing to the Ministry of Information and Communications for consideration and resolution. /.

 

 

MINISTER




Nguyen Bac Son

 


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Số hiệu23/2014/TT-BTTTT
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