Thông tư 29/2010/TT-BTTTT

CIRCULAR

ON PUBLICATION OF NON-COMMERCIAL DOCUMENTS

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;
Pursuant to the Government's Decree No. 11/ 2009/ND-CP of February 10, 2009, amending and supplementing the Government's Decree No. lll/2005/ND-CP of August 26, 2005, detailing and guiding a number of articles of the Publication Law;
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 Publication Department,

STIPULATES:

Article 1. Scope of regulation

This Circular provides the publication of non-commercial documents (documents not for sale, documents for free distribution and documents for internal circulation, below-referred to as documents) which is not made by publishing houses and is licensed by state management agencies in publication.

Article 2. Subjects of application

1. State agencies, political organizations, socio-political organizations, socio-political-professional organizations, socio-professional organizations, non-business units, people's armed forces units, economic organizations and 100% foreign-invested enterprises in Vietnam (below referred to Vietnamese agencies and organizations).

2. Foreign agencies and organizations and international organizations (below referred to as foreign agencies and organizations).

3. State management agencies in publication: the Publication Department (the Ministry of Information and Communications): Departments of Information and Communications of provinces and centrally-run cities (below referred to as publication licensing agencies).

Article 3. Competence of publication licensing agencies

1. The Publication Department (the Ministry of Information and Communications) may license central Vietnamese agencies and organizations and foreign agencies and organizations to publish the following documents:

a/ Documents disseminating and supporting political missions, big anniversaries and national important events;

b/ Documents guiding the implementation of the Party's line, directives and resolutions and the State's law;

c/ Instructions for production technologies and measures for disaster and epidemics prevention and control and environmental protection:

d/ Seminar and conference yearbooks and professional yearbooks of Vietnamese agencies and organizations;

e/ Documents of foreign agencies and organizations.

2. Departments of Information and Communications of provinces and centrally-run cities may license local-based Vietnamese agencies and organizations to publish the following documents:

a/ Documents disseminating and supporting political missions, big anniversaries and national important events (including documents on the history of the Party's agencies and local administrations);

b/ Local documents guiding the implementation of the Party's line, directives and resolutions and the State's law;

c/ Local instructions for production technologies and measures for disaster and epidemics prevention and control and environmental protection;

d/ Seminar and conference yearbooks and profession yearbooks of local-based Vietnamese agencies and organizations.

Article 4. Form of documents to be published

Documents with the contents specified in Article 3 of this Circular may be published in the following forms:

1. Book;

2. Tape or disc;

3. Picture, photo, poster, pamphlet or brochure.

Article 5. Dossiers, order and procedures of application for permits

An agency or organization applying for a publication permit shall submit directly or by post to a competent publication licensing agency 1 complete dossier (original) which comprises:

1. An application for a permit for non-commercial document publication, made according to a set form {not printed herein) which must fully contain required information, and signature of the head and seal of the applying agency and organization;

2. Two manuscripts with the applicant's seal appended on the page with the book title and on adjoining pages; Vietnamese version for a document in a foreign or Vietnamese ethnic minority language;

3. For a Vietnamese agency and organization other than a state or foreign one, in addition to the papers specified in Clauses 1 and 2 of this Article, it shall produce the establishment decision (or operation permit) granted by a competent Vietnamese slate management agency.

4. For yearbooks, in addition to the papers specified in Clauses 1 and 2 of this Article, the permit application must be certified by a managing competent agency.

5. For documents on the history of the Party or a local administration, in addition to the papers specified in Clauses 1 and 2 of this

Article, there must be a written evaluation of the Party's agency or administration of higher level (at the request of the licensing agency).

Article 6. Responsibilities of agencies and organizations licensed for publication

1. To apply only for a permit within its functions and tasks.

2. To be answerable for the publication of documents; to provide imprint on publications under Article 26 of the 2004 Publication Law and Article 1 of the 2008 Law Amending and Supplementing a Number of Articles of the Publication Law;

3. To print publications exactly as the manuscripts appended with the seal of the licensing agency; to print publications at the printer in the volume and distribute them within the scope and to proper subjects as indicated;

4. Not to show the sale price on documents in any form;

5. To only advertise their products, services and operations under Article 29 of the 2004 Publication Law;

6. To observe regulations on copyright under the law on intellectual property;

7. At least 10 days before distribution, licensed agencies and organizations shall deposit publications at licensing agencies under the Publication Law;

8. To be answerable before law for violations of publications under the Publication Law.

Article 7. Responsibilities of publication licensing agencies

1. Within 10 days after receiving a valid dossier, a publication licensing agency shall grant a permit for non-commercial document publication, made according to a set form (not printed herein): and append its seal on 1 manuscript enclosed with the permit. In case of refusal of licensing, it shall issue a reply clearly stating the reason.

2. A publication licensing agency shall receive and check deposited documents: handle violations (if any) according to their competence under the Publication Law or propose competent agencies to handle under law.

Article 8. Charges and lees

1. Charge and fees for non-commercial document publication shall be collected under the law on charges and fees;

2. Funds for reading deposited documents by publication licensing agencies comply with Joint Circular No. 01/2007/TTLT-BVHTT-BTC of January 22, 2007. of the Ministry of Culture and Information (now Ministry of Information and Communications) and the Ministry of Finance, guiding norms and allowances for reading deposited publications.

Article 9. Effect

This Circular takes effect on March 1. 2011.

Any problems arising in the course of implementation should be reported in writing to the Ministry of Information and Communications (through the Publication Department) for consideration and settlement.-