Nghị định 72/2000/ND-CP

DECREE

ON THE OVERSEAS PUBLICATION AND DISSEMINATION OF WORKS

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Law on the Promulgation of Legal Documents of November 12, 1996;
Pursuant to the Civil Code of October 28, 1995;
In order to enhance the State management over the overseas publication and dissemination of works, promote the external propaganda work and encourage the expansion of cultural exchanges between Vietnam and other countries in the world;
At the proposal of the Minister of Culture and Information,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.-

1. Organizations and individuals that are owners or authorized owners of works shall be entitled to publish and disseminate their works abroad according to the provisions of this Decree.

2. Organizations and individuals that publish and disseminate their works abroad according to the provisions in this Decree shall have their copyright protected by the State under the provisions of the copyright legislation and take responsibility for the works’ contents as prescribed in Article 5 of this Decree.

Article 2.-

1. Works to be published and disseminated abroad under this Decree include:

a/ Written works;

b/ Lectures, speeches;

c/ Theatrical works and other art performance forms;

d/ Cinematographic and video works;

e/ Radio and television works;

f/ Press works;

g/ Musical works;

h/ Architectural works;

i/ Plastic art works, applied fine art works;

j/ Photographic works;

k/ Scientific works, textbooks, teaching materials;

l/ Topographic and architectural surveys, drawings, plans, maps; scientific works;

m/ Translated, adapted, modified, compiled, annotated, selected and collected works;

n/ Computer software;

o/ Other works prescribed by law.

2. The works stated in Clause 1 of this Article shall not be distinguished whether they are expressed in Vietnamese, languages of Vietnamese ethnic minority groups or foreign languages.

3. The supply of information to foreign countries’ press, the bringing of recorded audio or visual works for overseas duplication shall also fall under the regulation scope of this Decree.

Article 3.-

1. The overseas publication and dissemination of works shall take the forms of display, exhibition, performance, newspaper and magazine articles, publication, broadcasting on radio or television stations, connection to the Internet, participation in contests, festivals, composition camps, speeches at conferences, symposiums, screenings, distribution or other forms of presentation to the public.

2. The overseas distribution of newspapers and publications and the bringing of works abroad for personal use not in the expression forms specified in Clause 1 of this Article shall not fall under the regulation scope of this Decree.

Article 4.-

1. Organizations and individuals that publish and disseminate works abroad or bring recorded audio or video works abroad for duplication according to the provisions in Article 2 of this Decree must obtain permission from the competent bodies defined in Article 6 of this Decree.

2. The supply of information to the foreign countries’ press, the publication and dissemination of works created during the time of participation in overseas composition camps shall not require permission but must not violate the prohibiting provisions in Article 5 of this Decree.

Article 5.- It is strictly prohibited to publish and disseminate abroad works with the following contents:

1. Works with the following contents:

a/ Opposed to the State of Vietnam, undermining the block of national unity;

b/ Propagating violence, aggressive war, inciting hatred among nations and peoples; disseminating reactionary ideologies and cultures, depraved and obscene lifestyles, criminal acts, social evils, superstition, undermining fine traditional customs and habits;

c/ Disclosing the Party’s and the State’s secrets, military, security and economic, external relation secrets, individuals’ privacy and other secrets prescribed by law;

d/ Distorting the history; negating revolutionary achievements, offending great personalities and national heroes; slandering, hurting the prestige of organizations, honor and dignity of individuals.

2. Works without the contents prescribed in Clause 1 of this Article, which are withdrawn or banned from circulation, confiscated or destroyed by decisions of the competent State bodies.

Chapter II

THE PERMITTING COMPETENCE AND THE PROCEDURES TO ASK FOR PERMISSION TO PUBLISH AND DISSEMINATE WORKS ABROAD

Article 6.- The competence to permit the overseas publication and dissemination of works is prescribed as follows:

1. The Ministry of Culture and Information shall grant permission for the following works:

a/ Cinematographic and video works for participation in overseas film festivals, films’ weeks or screenings before overseas audiences; except for cases where Vietnamese television films are broadcast on overseas televisions under agreements between the Vietnam Television Station and overseas television organizations;

b/ Theatrical, musical works and other forms of art performance to be staged abroad by the art troupes run by central bodies; theatrical, musical works and other forms of art performance to be staged by local art troupes at national or international festivals or shows;

c/ Photographic, plastic and applied fine art works sent for overseas displays, exhibitions or competitions;

d/ Written works, textbooks, teaching materials sent for publication, display or exhibition; press works sent for display or exhibition abroad;

e/ Recorded audio or visual works sent abroad for duplication.

2. The Ministry of Construction shall grant permission for architectural works.

3. The General Land Administration shall grant permission for maps, surveys, drawings and diagrams under its management.

4. The ministries, the ministerial-level agencies and the agencies attached to the Government shall grant permission for lectures, speeches, scientific works, surveys, drawings, diagrams, computer software and other works prescribed by law, which contain contents falling under their respective State management functions and are to be published, disseminated abroad by individuals and organizations belonging to the central agencies and organizations.

5. The heads of press agencies shall grant permission for press works of individuals and organizations belonging to their agencies, which are to be printed in overseas newspapers and magazines or broadcast on overseas television and radio.

6. The People’s Committees of the provinces and centrally-run cities shall direct the provincial/municipal State management services to grant permission for works according to the following regulations:

a/ The provincial/municipal Culture and Information Services shall grant permission for:

- Theatrical, musical works and other forms of art performance by local art troupes, including private art troupes, to be staged abroad, except for cases falling under the competence of the Ministry of Culture and Information as prescribed at Point b, Clause 1 of this Article.

- Press works of individuals and organizations in the localities, that do not belong to any press agencies, to be printed on overseas newspapers and magazines, or broadcast on overseas television and radio.

b/ The provincial/municipal State management services and bodies shall grant permission for lectures, speeches, scientific works, drawings, diagrams and other works prescribed by law, which contain contents falling under their respective State management, sent abroad for publication, dissemination by individuals and organizations in their respective localities.

7. The overseas Vietnamese diplomatic missions, diplomatic representations or consulates shall grant permission for works of Vietnamese organizations or individuals who are working, studying and laboring abroad, which have not yet permitted by the competent bodies in the country.

Article 7.- Organizations and individuals wishing to publish and disseminate works abroad must send dossiers to the competent bodies specified in Article 6 of this Decree. Such a dossier shall consist of:

1. A written request clearly stating the work’s title, type and author’s name, the form, time and place of publication or dissemination;

2. Drafts of written works, summaries of lectures, speeches, theatrical works and other art performance forms, cinematographic and video works, press works, radio and forms works, musical works, scientific works, textbooks, teaching materials, computer software;

3. A list of works, for architectural, plastic art, applied fine art, photographic works, surveys, drawings, plans and maps;

4. The written authorization of the work’s owner in cases where the requesting organization or individual is not the owner of the work to be published or disseminated abroad.

5. For works to be published or disseminated abroad under agreements signed between the Vietnamese competent bodies and foreign countries or international organizations or at the invitations of foreign countries or international organizations, the written agreements or written invitations must be enclosed;

6. Where the permitting body wishes to censor the contents of the cinematographic or video works, theatrical works and other art performance forms, or other works, the permission-requesting organizations or individuals shall have to submit such works for censorship by the permitting bodies.

Article 8.-

1. Within 10 days after receiving the valid dossiers for works prescribed at Points b, c, d, e, f, g, h, i, j, l, n and o, Clause 1, Article 2 of this Decree and within 20 days for works prescribed at Points a, k and m, Clause 1, Article 2 of this Decree, the bodies competent to permit the overseas publication and dissemination of works must consider and issue permits. In cases they refuse to issue permits or need to prolong the prescribed time limit, they must make written replies clearly stating the reason therefor, but the prolonged time must not exceed 30 days from the date of receipt of the dossiers.

2. Permits issued by the competent bodies defined in Article 6 of this Article shall serve as basis for customs procedure clearance

3. Where organizations and individuals ask for permission to publish and disseminate works abroad disagree with the permitting bodies’ decisions, they may complain about such decisions according to the provisions of the legislation on complaints and denunciations.

Chapter III

STATE MANAGEMENT OF THE OVERSEAS PUBLICATION AND DISSEMINATION OF WORKS

Article 9.- The Government shall perform unified State management of the overseas publication and dissemination of works

The Ministry of Culture and Information, being the Government’s body performing unified State management of the publication and dissemination of works abroad, shall have the following tasks and powers:

1. To draft and submit to the Government for promulgation or promulgate according to its competence legal documents on the overseas publication and dissemination of works;

2. To permit or prohibit the overseas publication and dissemination of works according to its competence;

3. To directly conduct or assume the prime responsibility and coordinate with the concerned ministries, branches and localities in conducting the inspection and supervision and settlement of complaints and denunciations and handling of violations of the regulations on the overseas publication and dissemination of works according to its competence;

4. To direct, guide and supervise the People’s Committees of the provinces and centrally-run cities in their implementation of legal documents on the overseas publication and dissemination of works;

5. To request the ministries, branches and People’s Committees of the provinces and centrally-run cities to report on the overseas publication and dissemination of works under the scope of their respective management.

Article 10.- Within the scope of their assigned functions, the ministries, the ministerial-level agencies and the agencies attached to the Government shall issue guiding documents, grant permits, direct, inspect, supervise, handle violations, settle complaints and denunciations related to the overseas publication and dissemination of works under their respective management scopes.

Article 11.- The People’s Committees of the provinces and centrally-run cities shall have to direct, inspect, supervise, handle violations, settle complaints and denunciations related to the overseas publication and dissemination of works under their respective management scopes.

Chapter IV

HANDLING OF VIOLATIONS

Article 12.- Organizations and individuals that publish and disseminate works abroad in contravention of the provisions of this Decree and relevant legal documents, shall, depending on the nature and seriousness of their violations, be administratively sanctioned, subject to a ban on overseas publication and dissemination of works; individuals committing serious violations shall be examined for penal liability and, if they cause damage, pay compensation therefor according to law provisions.

Article 13.- Competent individuals who abuse their positions and powers to permit the overseas publication and dissemination of works which are banned under Article 5 of this Decree or hassle the permit applicants, shall be administratively sanctioned or examined for penal liability according to law provisions.

Chapter V

IMPLEMENTATION PROVISIONS

Article 14.- Where an international agreement which Vietnam has signed or acceded to contains provisions different from those of this Decree, the provisions of such international agreement shall apply.

Article 15.- This Decree takes effect 15 days after its signing. The earlier provisions of the Government on the overseas publication and dissemination of works, which are contrary to this Decree, are all annulled.

Article 16.- The Minister of Culture and Information shall have to guide the implementation of this Decree.

Article 17.- The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decree.