Nghị định 72/2015/ND-CP

DECREE

MANAGEMENT OF EXTERNAL COMMUNICATION ACTIVITIES

Pursuant to the Constitution of the Socialist Republic of Vietnam passed in 2013;

Pursuant to the Law on Government Organization dated December 25, 2001;

Pursuant to the Law on Overseas Representative Offices of the Socialist Republic of Vietnam dated June 18, 2009;

After considering the request of the Minister of Information and Communication,

The Government hereby promulgates the Decree on management of external communication activities.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of application

This Decree provides for management of external communication activities; responsibilities of Ministries, Ministry-level agencies, Government agencies, People's Committees of centrally-affiliated cities or provinces (hereinafter referred to as provincial People’s Committee) for managing and organizing external communication activities.

Article 2. Applicable entities

This Decree shall apply to Ministries, Ministry-level agencies, Government agencies and provincial People's Committees; other agencies or organizations involved in external communication activities.

Article 3. Principles of external communication activities

1. Comply with guidelines and strategies of the Communist Party, state laws and international agreements of which the Socialist Republic of Vietnam is a member; comply with laws, customs and habits of host countries.

2. Undertake not to harm the national security, social order, prestige, image and international relation, collaboration of Vietnam; protect national secrets.

3. Prevent the people from engaging in political intrigues against the Government of the Socialist Republic of Vietnam, and devastating the great national unity; avoid promoting violence, communicating about wars, invasions and hatreds between ethnic groups and people around the world.

4. Ensure accurate and timely information in conformity with international communication and information policies of the Party and Government over periods of time as well as approved external communication programs and plans; prevent misrepresentation, distortion and slander with the intention of offending the prestige of organizations, dignity and honor of citizens.

Article 4. State administration of external communication

1. The Government shall practice the consistent state administration of external communication activities.

a) The Ministry of Information and Communication shall preside over, collaborate with the Ministry of Foreign Affairs, Ministries, Ministry-level agencies, Government agencies and provincial People's Committees, related agencies in carrying out the state administration of external communication activities.

b) The Ministry of Foreign Affairs shall preside over, collaborate with Ministries, Ministry-level agencies, Government agencies and provincial People's Committees concerned in organizing external communication activities overseas.

c) Ministries, departments shall be held responsible for managing, organizing external communication within the scope and area of assigned state administration tasks.

d) Provincial People's Committees shall exercise their state administration of external communication activities within localities.

2. Contents of the state administration of external communication:

a) Make and submit legislative documents, strategies, plans, schemes and programs for external communication activities to competent authorities for the purpose of enforcement or enactment under delegated authority.

b) Organize and manage the work of scientific research relating to external communication activities; provide training and refresher courses for forces engaged in external communication activities.

c) Manage, provide guidance on, proactively provide information for Vietnam’s news agencies; proactively provide information for foreign news agencies; provide information for Vietnamese expatriates and international communities; bring updated worldwide information to Vietnam.

d) Cooperate with international partners on external communication activities.

dd) Inspect, examine and handle violations, complaints and accusations during external communication activities in accordance with laws.

e) Carry out preliminary and final review meetings on external communication activities; put forward the proposal for commendation, reward and sanction for agencies, organizations and individuals engaged in external communication activities.

Article 5. Budget for external communication activities

Expenditure on external communication activities performed by Ministries, Ministry-level agencies, Government agencies and provincial People's Committees shall be derived from the state budget according to the decentralization in state budget management, and other legitimate funding sources. On an annual basis, after considering the plan for external communication activities of Ministries, Ministry-level agencies, Government agencies and provincial People's Committees assigned by competent authorities, agencies or units shall calculate expenditure on these activities and keep account of such expenditure in their budget plan for submission to finance authorities for the purpose of requesting competent authorities to consider and grant their decisions in accordance with the Law on State Budget.

Chapter II

EXTERNAL COMMUNICATION ACTIVITIES

Article 6. Foreign information

Foreign information includes official information about Vietnam, information about promotion of Vietnam’s image and around-the-world information to Vietnam.

Article 7. Supply of official information about Vietnam

1. Official information about is pieces of information about the guidelines and policies of the Communist Party and state laws, information about Vietnam’s situations in terms of various sectors and information about Vietnam’s history as well as other information.

2. Official information about Vietnam shall be proactively provided by Ministries, Ministry-level agencies, Government agencies and provincial People's Committees according to their functions, responsibilities and powers for international communities and Vietnamese.

3. Official information about Vietnam provided in the following forms:

a) Official speeches at international and domestic events, forums and press releases.

b) Official speeches of state agencies.

c) Diplomatic activities of state agencies.

d) Diplomatic activities, speeches, events, information posted on websites and other activities performed by Vietnam’s representative offices.

dd) Media programs or products of state-owned press agencies such as Vietnam News Agency, Vietnam Television and Voice of Vietnam.

e) Information posted on the electronic information portal of the Government, the electronic information page for diplomatic issues and the electronic information portal of Ministries, Ministry-level agencies, Government agencies and provincial People's Committees.

g) State agencies' publications written in Vietnamese and other foreign language.

4. Supply of official information about Vietnam in any form must comply with applicable laws.

Article 8. Supply of information about promotion of Vietnam’s image

1. Information about promotion of Vietnam’s image refers to pieces of information about the nation, people, history and culture of Vietnam.

2. Information about promotion of Vietnam’s image shall be delivered to international communities and Vietnamese expatriates by agencies, organizations or individuals.

3. Information about promotion of Vietnam’s image shall be provided in the following forms:

a) Vietnamese and foreign language publications.

b) Events organized in Vietnam and overseas countries.

c) Media products of mass media agencies.

d) Events organized by the Vietnam Cultural Center abroad.

dd) Products of foreign news and media agencies.

e) International relation and cooperation activities of agencies, organizations and individuals.

4. Supply of information about promotion of Vietnam’s image in any form must comply with Vietnam’s legal regulations and laws of the host country.

Article 9. Supply of around-the-world information to Vietnam

1. Around-the-world information provided to Vietnam refers to pieces of information about worldwide events that take place in a variety of fields, information about Vietnam's relation with different nations and other information meant to reinforce the political, social, cultural and national defence and security relation between Vietnam and different countries; serves the purpose of the national economic growth; promotes the international integration progress of Vietnam.

2. Around-the-world information shall be collected, processed and provided for competent authorities, media agencies and Vietnamese people by the Ministry of Foreign Affairs, Ministries, Ministry-level agencies, Vietnam’s overseas representative offices, news and media agencies affiliated to the Government (Vietnam News Agency, Vietnam Television and Voice of Vietnam) within their relevant functions, duties and powers in accordance with legal regulations.

3. Around-the-world information shall be provided by agencies or organizations stated in Clause 2 of this Article in the following forms:

a) Through spokespersons.

b) Through electronic information portals and electronic information pages.

c) At periodic press releases and meetings.

d) Through means of mass media.

4. Supply of around-the-world information to Vietnam shall be carried out in accordance with applicable laws relating to forms stated in Clause 3 of this Article.

Article 10. Supply of explanatory or clarifying information

1. Explanatory and clarifying information refers to documents, materials, dossiers and arguments used for explaining and clarifying misstated information about Vietnam on a wide range of sectors.

2. Ministries, Ministry-level agencies, Government agencies, provincial People’s Committees and involved entities, upon receiving misstated information, materials and reports causing harm to the prestige and image of Vietnam from domestic and foreign organizations or individuals, shall be responsible for proactively providing documents, materials, dossiers and arguments for explanation and clarification purposes; develop necessary communication approaches to protection and improvement of the prestige and image of Vietnam.

3. The Ministry of Information and Communication, the Ministry of Public Security, the Ministry of Foreign Affairs, relevant Ministries, and entities within their appropriate functions, duties and powers prescribed by laws, shall be responsible for analyzing overseas public opinions in order to find out misstated information about Vietnam, notify relevant Ministries and agencies to proactively provide explanatory and clarifying information as well as send such information to the Ministry of Information and Communication for acknowledgement and reporting to the Prime Minister.

Article 11. Electronic diplomatic information page

1. The electronic diplomatic information page shall be responsible for providing official information and promotional information about Vietnam through the internet network.

2. The Ministry of Information and Communication shall preside over, collaborate with relevant Ministries and agencies in taking charge of managing and operating the electronic diplomatic information page; ensure adequate updated information in order to meet requirements set out in external communication tasks.

Article 12. Diplomatic information database

1. The diplomatic information database refers to the data system digitalized and integrated with the data system of Ministries, Ministry-level agencies and provincial People's Committees to serve the external communication purpose.

2. The diplomatic information database is the source of official information about Vietnam provided to domestic and foreign mass media agencies as a tool to assist the work of looking up, discovering and researching Vietnam.

3. The Ministry of Information and Communication shall preside over, collaborate with Ministries, Ministry-level agencies, Government agencies and provincial People's Committees, and related agencies, in setting up, managing and utilizing the diplomatic information database.

4. Ministries, Ministry-level agencies, Government agencies and provincial People's Committees, overseas representative offices of Vietnam, news and media agencies of Vietnam in setting up, managing and utilizing the diplomatic information database.

Article 13. Publications for foreign communication purposes

1. Publications for foreign communication purposes refer to products written in Vietnamese and foreign languages to provide official information about Vietnam and promotional information about Vietnam’s image to international communities and Vietnamese expatriates.

2. The Ministry of Information and Communication shall preside over, collaborate with the Ministry of Foreign Affairs, Ministries, Ministry-level agencies, Government agencies and provincial People's Committees, and related agencies, in establishing the plan to publish and release publications for external communication purposes in certain particular sectors.

Article 14. Events held abroad

1. Overseas events include Vietnam’s Day and other events held by Ministries, Ministry-level agencies, Government agencies and provincial People’s Committee to serve the purpose of promoting the nation, people, history and culture of Vietnam, improving the friendship and relationship with other countries, and strengthening investment attraction, tourism, commercial exchange and cooperation broadening.

2. The Prime Minister shall make a decision on holding of Vietnam's Day event in overseas countries.

3. Vietnam’s overseas representative offices, Vietnam resident missions of news and media agencies, and Centers of Vietnamese Culture in foreign countries, shall be responsible for collaborating with and assisting Ministries, Ministry-level agencies, Government agencies, provincial People's Committees in organizing events in host countries.

4. The agency charged with organizing events in overseas countries shall be responsible for collaborating with the Ministry of Foreign Affairs, the Ministry of Information and Communication and related agencies in preparing and implementing the action plan.

5. Ministries, Ministry-level agencies, Government agencies and provincial People's Committees shall be responsible for reporting on the result of such events in accordance with regulations, and concurrently send the report to the Ministry of Information and Communication for aggregation and reporting purposes.

Article 15. Assistance for and cooperation with foreign news and media agencies, companies and correspondents for the purpose of promoting Vietnam’s image in overseas countries

1. Foreign news and media agencies, companies and correspondents shall be assisted and provided with favorite conditions in writing news, articles and producing programs as well as launching publications to promote Vietnam's image on means of mass media in overseas countries.

2. The Ministry of Information and Communication shall preside over, collaborate with relevant agencies in setting up rules and regulations under which assistance and cooperation are carried out as prescribed in Clause 1 of this Article.

3. Press and media activities of foreign news and media agencies, companies in Vietnam must comply with regulations laid down in the Decree no. 88/2012/ND-CP dated October 23, 2012 on providing provisions on press and media activities of foreign press agencies, representative offices and organizations in Vietnam and other relevant legislative documents.

Article 16. Vietnam's representative offices in overseas countries

1. Vietnam’s representative offices in overseas countries shall take responsibility to provide information about host countries, bilateral relations and other information brought into Vietnam for competent authorities under the provisions of Article 5, 6, 7 and 9 of the Law on overseas Representative Offices of the Socialist Republic of Vietnam.

2. Vietnam’s overseas representative offices shall take responsibility to provide information about Vietnam in order to advertise and promote Vietnam’s image through the electronic information page of each representative office, press releases and interviews as well as others. The Ministry of Foreign Affairs shall direct and guide Vietnam’s overseas representative offices through abovementioned tasks.

3. The Ministry of Foreign Affairs shall direct Vietnam’s overseas representative offices to build electronic information pages in English and native language; update information about Vietnam by using the diplomatic information database.

Article 17. Overseas representative offices of Vietnamese news and media agencies

1. Overseas representative offices of Vietnamese news and media agencies (hereinafter referred to as news representative office) shall provide information about host countries brought into Vietnam for Government-controlled news agencies.

2. News resident missions shall perform the following duties:

a) Cooperate with relevant Ministries, agencies in advertising and promoting Vietnam's image, people, history and culture; information about socio-economic situations, guidelines and strategies of the Communist Party, policies and laws of Vietnam.

b) Cooperatively or solitarily execute programs for international cooperation in media and communication activities.

3. Vietnamese news and media agencies shall direct their resident missions to provide information and participate in activities assisting in external communication duties upon the request of the Ministry of Information and Communication; send a periodic and ad-hoc review reports on external communication activities performed by their own resident missions to the Ministry of Information and Communication.

Chapter III

RESPONSIBILITIES FOR MANAGEMENT OF EXTERNAL COMMUNICATION ACTIVITIES

Article 18. The Ministry of Information and Communication

1. Prepare and cooperate with related agencies in preparing and providing guidance on implementation of legislative documents, strategies, plans, schemes and programs for external communication activities.

2. Provide domestic news and media agencies with external communication contents.

3. Preside over and cooperate with competent authorities in international cooperation in external communication activities.

4. Preside over, collaborate with related bodies in inspecting and assessing the effectiveness in external communication activities carried out by Ministries, Ministry-level agencies, Government agencies and provincial People's Committees, foreign and domestic news and publishing agencies.

5. Set out the mechanism for exchanging, cooperating on, supplying and sharing information between state agencies and news agencies.

6. Set up and put forward the plan for training in external communication skills and professional operations for officials charged with external communication activities within Ministries, Ministry-level agencies, provincial People's Committees, news and publishing agencies, and staff of editors and translators.

7. Inspect, examine and handle violations, complaints and accusations during external communication activities in accordance with laws.

8. Compile and provide the Government with reports on external communication activities; provide guidance on report contents and time during which data is collected for reporting purposes.

9. Carry out preliminary and final review meetings on external communication activities; reward or sanction agencies, organizations and individuals engaged in external communications activities.

Article 19. The Ministry of Foreign Affairs

1. Preside over, collaborate with Ministries, Ministry-level agencies, Government agencies and provincial People's Committees concerned in organizing external communication activities in overseas countries; cooperate with the Ministry of Information and Communications in administration of external communication activities performed in overseas countries.

2. Give speeches on standpoints of Vietnam concerning international issues; organize international press releases; make preparations for interviews of the leadership of the Government and the Ministry of Foreign Affairs with foreign correspondents.

3. Cooperate with relevant Ministries, agencies in instructing domestic news agencies to report news about diplomatic activities of the leadership of the Government, the Ministry of Foreign Affairs, and collaborate in providing guidance on reporting international and domestic news relating to diplomatic activities.

4. Monitor, study and aggregate opinions among foreign press used for diplomatic information.

5. Provide guidance on, and provide information for Vietnam’s news agencies; provide information for Vietnamese expatriate communities living abroad and international communities; provide worldwide information for Vietnamese citizens.

Article 20. The Ministry of Culture, Sports and Tourism

1. Preside over, cooperate with the Ministry of Information and Communications and relevant agencies in providing information, advertising and promoting Vietnam's culture and tourism.

2. Preside over, collaborate with the Ministry of Foreign Affairs, the Ministry of Information and Communications, relevant Ministries and agencies in organizing events in overseas countries within their management.

3. Direct foreign Centers of Vietnamese Culture to carry out external communication activities within their area, and efficiently use and provide favorable conditions for related agencies to use foreign Centers of Vietnamese Culture to assist in external communication activities.

Article 21. The Ministry of Public Security

1. Preside over, collaborate with the Ministry of Information and Communications in providing guidance on and checking compliance with regulations on diplomatic cyber security activities of domestic and foreign organizations, individuals in order to ensure that external communication activities will comply with provisions laid down in this Decree.

2. Monitor and aggregate information relating to diplomatic security to propose any guidelines and measures to explain and clarify misstated information about Vietnam.

3. Ensure security and safety for external communication activities in compliance with the aims and objectives laid down by the Communist Party and the Government; discover and combat activities performed by hostile forces exploiting foreign information to protest against Vietnam's government.

4. Preside over, cooperate with the Ministry of Information and Communications and relevant Ministries and agencies in organizing specialized external communication activities through particular channels and measures, and in contributing to ensuring Vietnam’s national interest and security.

Article 22. The Ministry of Finance

1. Preside over, cooperate with the Ministry of Information and Communications in verifying the annual budget plan for external communication activities, and send it to competent authorities for ratification purposes.

2. Ensure a sufficient amount of funding sources for implementation of programs, plans, schemes and operations relating to external communication activities which have been approved by the Government and the Prime Minister.

3. Preside over, cooperate with relevant agencies in creating legal documents on regulations and policies and permitted limits on the budget for external communication activities.

Article 23. The Ministry of Home Affairs

Cooperate with the Ministry of Information and Communications in issuing instructional documents on reinforcement of the machinery in charge of state management of external communication activities; provide instructions for Ministries, Ministry-level agencies, Government agencies, provincial People's Committees in appointing officials charged with external communication activities.

Article 24. Ministries, Ministry-level agencies, Government agencies and provincial People’s Committees

1. Provide the people with information to raise their awareness of the international integration process of Vietnam, opportunities, risks and challenges during this process; organize professional training classes to improve external communication skills of officers in charge of external communication activities.

2. Direct development and organize execution of action programs and plans for external communication activities within these organizations and localities.

3. Create the action plan for external communication activities and estimate the budget for such activities of each organization on an annual basis, and generally account for expenses into the budget plan of each organization before sending this to finance authorities at the same level for aggregation purposes as well as submit it to competent authorities for consideration and decision purposes.

4. Update information and set up the database relating to Ministries, departments and localities and integrate such information into the database regarding diplomatic information in order to promote Vietnam's image to overseas countries.

5. Cooperate with the Ministry of Information and Communications in carrying out international cooperation activities as part of external communication activities.

6. Carry out preliminary and final review of external communication activities within their remit, and send a report to the Ministry of Information and Communications or send ad-hoc reports for the purpose of making final reports for submission to the Government.

7. Assign organizations or individuals to take charge of organizing external communication activities.

8. Maintain the security of information within their management in accordance with regulations on information security; assume responsibility to inspect, check and handle violations and settle complaints and accusations that may arise from external communication activities within their management.

9. Ministries, Ministry-level agencies, Government agencies and provincial People's Committees, and Vietnamese news and media agencies, shall be responsible for compiling periodic and ad-hoc reports on external communication activities within the remit of these organizations and localities.

Chapter IV

IMPLEMENTARY PROVISIONS

Article 25. Effect

1. This Decree shall enter into force as from October 22, 2015.

2. The Prime Minister’s Decision No. 79/2010/QD-TTg dated November 30, 2010 shall be abolished as from the Decree's entry into force.

Article 26. Responsibility for guidance and implementation

1. The Ministry of Information and Communications shall be responsible for providing guidance on and expediting implementation of this Decree as assigned by the Government.

2. Ministers, Heads of Ministry-level agencies, Heads of Government agencies, and Chairmen of People's Committees of centrally-affiliated cities or provinces, shall be responsible for enforcing this Decree ./.