Thông tư 16/2010/TT-BTTTT hướng dẫn cấp giấy phép hoạt động báo chí in

CIRCULAR

DETAILING AND GUIDING THE LICENSING OF PRINT JOURNALISM ACTIVITIES AND PUBLICATION OF ADDITIONAL ISSUES, SUPPLEMENTS AND SPECIAL ISSUES

THE MINISTRY OF INFORMATION AND COMMUNICATIONS

Pursuant to the Press Law and the June 12, 1999 Law Amending and Supplementing a Number of Articles of the Press Law;

Pursuant to the Government's Decree No. 51/ 2002/ND-CP of April 26, 2002, detailing the Press Law and the Law Amending and Supplementing a Number of Articles of the Press 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;

The Ministry of Information and Communications guides the licensing of print journalism activities as follows:

Chapter 1

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular details and guides the licensing of print journalism activities and publication of additional issues, supplements and special issues under Articles 19 and 21 of the Press Law and Articles 13 and 14 of the Government's Decree No. 51/2002/ND-CP of April 26. 2002. detailing and guiding the Press Law and the Law Amending and Supplementing a Number of Articles of the Press Law.

Article 2. Eligible applicants for print journalism licenses

Organizations of the Party, state agencies and social organizations (below collectively referred to as organizations) which meet the conditions to undersign applications for press activity licenses.

Agencies and organizations which undersign applications for press activity licenses are collectively referred to as managing press agencies.

Article 3. Competence to license print journalism activities

1. The Minister of Information and Communications shall license print journalism activities under law and this Circular.

2. The Director of the Press Department shall license the publication of special issues and supplements for press agencies and organizations under law and this Circular.

Article 4. Validity of licenses

1. A print journalism license is valid for ten (10) years from the date of its signing.

2. The validity of a license for a special or additional issue or supplement is provided in such license by the press state management agency.

3. When a press agency fails to publish a press publication within 90 days after the effective date of its print journalism license, such license is no longer valid.

4. When an organization fails to publish a special issue at the publishing time specified in the license, such license is no longer valid.

Chapter II

LICENSING OF PRINT JOURNALISM ACTIVITIES

Article 5. Conditions for obtaining a print journalism license

1. To conform with the press planning already approved by a competent state agency.

2. Personnel conditions:

a/ To have personnel who fully meet the following conditions for appointment as editor-in-chief and deputy editor-in-chief of the press agency:

- Holding a tertiary or higher degree;

- Holding an advanced or higher degree in political theory:

- Having been trained in press management operations and obtaining a training certificate of the Ministry of Information and Communications:

- Possessing a valid press card issued by a competent agency;

- Currently not serving a discipline of reprimand or heavier level;

- The Ministry of Information and Communications shall consider and decide on the licensing of print journalism activities for religious institutions, specialized basic scientific research institutes and other special cases.

b/ To have sufficient editors and reporters depending on the press agency's organizational structure and apparatus defined by the managing agency.

c/ A press agency which uses a foreign language or Vietnamese ethnic minority language for a publication must have sufficient reporters and editors proficient in that language. It must also have its leader or an editorial board member authorized by the leader proficient in that language to be responsible for the publication's contents.

3. Conditions on physical foundations and finance:

a/ To have an office building or office lease contract to serve the press agency's operation;

b/To have sufficient equipment for the press agency's operation;

c/ To prove sufficient financial sources for publishing the press publication (with economic justifications and cost estimates for the press agency's operation and proof of sufficient financial sources for those estimates).

Article 6. Dossiers and procedures for licensing print journalism activities

1. An applicant for a print journalism license shall submit two (2) sets of dossier to the Ministry of Information and Communications (the Press Department). A dossier comprises:

a/ An application for a print journalism license (Form No. 1);

b/ A plan on print journalism activities of the managing press agency, covering the following:

- Necessity and legal bases:

- Proving satisfaction of all conditions specified in Article 5 of this Circular;

- Name of the press agency;

- Structure and contents of principal information (guidelines, objectives, language of expression, principal contents, publishing time and size of the publication);

- Mode of circulation.

c/ A list of prospective leading officials of the press agency (Form No. 2);

d/ Resumes of prospective leaders of the press agency (editor-in-chief, deputy editor-in-chief) (Form No. 3);

e/ A provincial-level Information and Communications Department's written certification of the applicant's satisfaction of conditions for press activities (for applicants in provinces and centrally run cities):

f/ Specimen presentation of the press publication's name.

2. The Ministry of Information and Communications shall consider and license print press activities (Form No. 6). In case of refusal, within 30 days after receiving an application dossier, it shall issue a written reply clearly stating the reason.

Article 7. Modification of print journalism licenses

1. A press agency that wishes to modify contents of its print journalism license under Clause 4. Article 14 of Decree No. 51/2002/ND-CP shall submit an application dossier to the Ministry of Information and Communications (the Press Department). A dossier comprises:

a/ A written request of the managing press agency;

b/ A provincial-level Information and Communications Department's written certification of the applicant's satisfaction of operation conditions under changes (for press agencies in provinces and centrally run cities).

Within thirty (30) days after receiving a valid dossier, the Ministry of Information and Communications shall consider and license modification of a license (Form No. 7). In case of refusal, its shall issue a written reply clearly stating the reason.

2. A press agency that wishes to modify the contents specified in Clause 6, Article 14 of Decree No. 51/2002/ND-CP shall submit to the Ministry of Information and Communications (the Press Department) the following documents:

a/ The press agency's written request for changes;

b/ Specimen of the new presentation of the newspaper's name (when the press agency requets changes in presentation of the newspaper name).

Within thirty (30) days after receiving a press agency's written request, the Ministry of Information and Communications shall issue a written reply, approving or disapproving requested changes.

Article 8. Renewal of print journalism licenses

1. Ninety (90) days before the print journalism license of a press agency expires, the managing press agency shall submit a license application dossier to the Ministry of Information and Communications (the Press Department). A dossier comprises:

a/ A written request of the managing press agency:

b/ A provincial-level Information and Communications Department's written certification of the applicant's satisfaction of conditions for press activities (for press agencies in provinces and centrally run cities):

c/ Copy of the press license and the Ministry of Information and Communications’s documents modifying the license.

2. Within thirty (30) days after receiving a valid dossier, the Ministry of Information and Communications shall consider and renew a license. In case of refusal, its shall issue a written reply clearly staling the reason.

3. Application for renewal of a press license which includes changes in the name, guidelines, objectives and mode of circulation of the publication shall be licensed as for a new license.

Article 9. Publication of additional issues

1. A press agency wishing to publish an additional issue outside its press license shall submit an application dossier to the Ministry of Information and Communications (the Press Department). A dossier comprises:

a/ A written request of the managing press agency:

b/ Plan on publication of an additional issue:

- Necessity and legal bases:

- Proving satisfaction of the conditions for publishing an additional issue;

- Name of the additional issue;

- Structure and contents of principal information (guidelines, objectives, language of expression, principal contents, publishing time and size of the publication);

- Mode of circulation.

c/ Application for publication of an additional issue (Form No. 4);

d/ A provincial-level Information and Communications Department's written certification of the applicant's satisfaction of conditions for publishing additional issues (for press agencies in provinces and centrally run cities);

e/ Specimen presentation of the additional issue's name.

2. Within thirty (30) days after receiving a valid dossier, the Ministry of Information and Communications shall consider and license the publication of an additional issue (Form No. 8). In case of refusal, its shall issue a written reply clearly stating the reason.

3. Contents to be presented in the first and inside pages of an additional issue comply with Article 15 of Decree No. 51/2002/ND-CP.

Article 10. Publication of supplements

1. A press agency wishing to publish a supplement shall submit an application dossier to the Press Department of the Ministry of Information and Communications. A dossier comprises:

a/ A written request of the managing press agency;

b/ Plan on publication of a supplement:

- Necessity and legal bases:

- Proving satisfaction of conditions for publishing a supplement;

- Name of the supplement;

- Structure and contents of principal information (guidelines, objectives, language of expression, principal contents and publishing time of the publication);

- Mode of circulation.

c/ Application for publication of a supplement (Form No. 4);

d/ A provincial-level Information and Communications Department's written certification of the applicant's satisfaction of conditions for publishing supplements (for press agencies in provinces and centrally run cities):

e/ Specimen presentation of the supplement.

2. Within thirty (30) days after receiving a valid dossier, the Press Department shall consider and license the publication of a supplement (Form No. 9). In case of refusal, its shall issue a written reply clearly stating the reason.

3. Contents to be presented in the first and inside pages of a supplement comply with Article 15 of Decree No. 51/2002/ND-CP.

Article 11. Publication of special issues

1. An agency or organization wishing to publish a special issue shall submit an application dossier to the Press Department of the Ministry of Information and Communications. A dossier comprises:

a/ An application for publication of a special issue (Form No. 5):

b/ Specimen presentation of the special issue's name:

c/ A provincial-level Information and Communications Department's written certification of the applicant's satisfaction of conditions for publishing special issues (for press agencies and organizations in provinces and centrally run cities).

2. Within thirty (30) days after receiving a valid dossier, the Press Department shall consider and license the publication of a special issue (Form No. 10). In case of refusal, its shall issue a written reply clearly slating the reason.

Chapter III

IMPLEMENTATION PROVISIONS

Article 12. Promulgation of forms

To promulgate together with this Circular the following forms:

1. Form No. 1: Application for a print journalism license

2. Form No. 2: List of prospective key leaders of the press agency

3. Form No. 3: Resume of the prospective leader of the press agency

4. Form No. 4: Application for publication of an additional issue or a supplement

5. Form No. 5: Application for publication of a special issue

6. Form No. 6: Print journalism license

7. Form No. 7: License modifying a print journalism license

8. Form No. 8: License for an additional issue

9. Form No. 9: License for a supplement

10. Form No. 10: License for a special issue (All these forms are not printed herein).

Article 13. Effect

1. This Circular takes effect on October 1. 2010.

2. Managing press agencies and press agencies shall observe law and press licenses. If committing violations, they shall be handled under regulations and may have their press licenses revoked.

3. In the course of implementation, any arising problems should be promptly reported to the Ministry of Information and Communications for consideration and settlement.-