Thông tư 02/2010/TT-BTTTT hướng dẫn Luật Xuất bản 2004

CIRCULAR

DETAILING THE DECEMBER 3, 2004 PUBLICATION LAW, THE JUNE 3, 2008 LAW AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE PUBLICATION LAW, DECREE NO. 111/2005/ND-CP OF AUGUST 26, 2005, AND DECREE NO. 11/2009/ ND-CP OF FEBRUARY 10, 2009

THE MINISTER OF INFORMATION AND COMMUNICATIONS

Pursuant to December 3, 2004 Publication Law No. 30/2004/QH11, which was amended and supplemented under Law No. 12/2008/QH12 of June 3, 2008;

Pursuant to the Governments Decree No. 111/2005/ND-CP of August 26, 2005, detailing and guiding a number of articles of the Publication Law;

Pursuant to the Governments Decree No. 11/2009/ND-CP of February 10, 2009, amending and supplementing the Government's Decree No. 111/2005/ND-CP of August 26, 2005, detailing and guiding a number of articles of the Publication Law;

At the proposal of the General Director of the Publication Department,

STIPULATES:

Article 1. Development planning for the publication, printing and publication distribution industries

1. Planning to develop the publication, printing and publication distribution industries must adhere to the following principles:

a/ To implement state policies to promote and support the development of publication, to clearly set development objectives and orientations for each period;

b/ To match and meet national socio­economic development requirements;

c/ To develop the domestic publication market, to approach and expand overseas markets to meet international economic integration requirements;

d/ To apply advanced and environmentally friendly technologies;

e/ To plan on development of the publication, printing and publication distribution industries of each economic region and locality in conformity with the national master plan on development of the publication, printing and publication distribution industries.

2. Planning responsibilities:

a/ The Publication Department shall assume the prime responsibility for elaborating a national master plan to develop the publication, printing and publication distribution and submitting it to a competent authority for approval;

b/ Based on the national master plan to develop the publication, printing and publication distribution industries and local socio-economic development master plans, provincial-level Information and Communications Departments shall assume the prime responsibility for elaborating local master plans to develop the publication, printing and publication distribution industries and submitting them to competent authorities for approval.

Article 2. Publication of works and documents as publications

Works and documents in the forms below must be published through publishing houses:

1. Printed book, book printed in Braille; work read or heard through electronic devices, digital
devices or the internet;

2. Calendar, tear-off calendar, pocket calendar, book calendar, desk calendar;

3. Picture, photo, map, poster, leaflet and brochure with the contents specified in Article 4 of the Publication Law;

4. Audio tape and disc, video tape and disc substituting or illustrating books.

Article 3. Printing of catalogs, leaflets and brochures freed from licensing

1. Organizations and individuals that order printing of catalogs, leaflets or brochures only to introduce or provide use instructions for goods and products: or introduce their enterprises, goods and services are not required to apply for publication permits.

2. A catalog, leaflet or brochure under Clause 1 of this Article must contain at least the following information:

a/ Name, address and telephone number of the printing order maker;

b/ Name of the printer.

3. When designing, printing or post-press processing catalogs, leaflets and brochures specified in Clause 1 of this Article, designing, printing or post-press processing establishments are not required to apply for publication printing permits.

Article 4. Work evaluation under Article 21 of the Publication Law

1. Before registering a work publication plan under Article 21 of the Publication Law, a publishing house shall set up a council to evaluate work contents. Such a council consists of the director, editor-in-chief, head of the editing section, editors and representative of the agency managing the publishing house;

For a work with political, historical or geographical contents, written opinions of central- or provincial-level relevant state research institutions must additionally be obtained.

2. Conclusions of the evaluation council shall be made in writing and approved by the leader of the agency managing the publishing house, enclosed with the written publication plan registration.

Article 5. Deposit of publications

1. Publications shall be deposited under the Regulation on depositing of publications promulgated together with the Culture and Information Minister's Decision No. 102/2006/QD-BVHTT of December 29, 2006.

The Publication Department shall provide professional guidance for provincial-level Information and Communications Departments in receiving and reading for check deposited publications.

2. At least 10 days before publishing a publication on the internet, a publishing house shall deposit at the Publication Department a device storing the deposited publication (CD-ROM, DVD, VCD, USB) or send an email attached with the file containing the publication content with a capacity not exceeding 3 MB enclosed with 2 completed deposit declaration forms.

Article 6. Publishing and distribution of publications on the internet

1. A publishing house which publishes publications on the internet shall set up a website using the Vietnam national domain ".vn" or authorize in writing the publishing of publications to organizations or individuals with business registration certificates of publication distribution and websites with the Vietnam national domain ".vn".

2. Only publishing houses, organizations and individuals with business registration certificates of publication distribution may distribute publications on the internet and shall comply with Clause 2, Article 2 of Decree No. 11/2009/ND-CP of February 10, 2009.

Article 7. Conditions on conclusion of contracts on designing, printing and post-press processing of publications

When signing a contract, a printing order maker shall provide the publication designing, printing and post-press processing establishment with the following papers for storage:

1. A letter of reference or written authorization of the publishing house, agency or organization licensed for publication issued to that order maker, which clearly specifies contents of reference or authorization, full name, post, address and telephone number of the referred or authorized person, the publication title, and the number of the publication decision of the publishing house director or of the publication permit;

2. The publication decision of the publishing house director or the permit to publish documents for non-commercial purpose issued by the Publication Department or provincial-level Information and Communications Department;

3. The draft publication appended with the approval signature of the publishing house director or the draft document affixed with the seal of the Publication Department or provincial-level Information and Communications Department.

Article 8. Conditions on equipment for licensing of publication printing

1. Depending on its operation, a designing and printing establishment must have at least the following equipment to obtain a publication printing permit:

a/ Computers, film or zincograph recording machines;

b/ Printers;

c/ Cutters, steel sewers, binding machines or complex lines for completing publications.

2. A designing and printing establishment shall submit a copy of either of the following papers proving their possession of the equipment specified in Clause 1 of this Article to the Publication Department or provincial-level Information and Communications Department for consideration and licensing:

a/ Equipment purchase invoice or equivalent papers or documents;

b/ Equipment lease contract and other related documents.

3. An establishment which only makes post-press processing is not required to apply for a pbulication printing permit, but shall keep records of their processed products.

Article 9. Publications prohibited from designing, printing and post-press processing for foreign parties

Designing, printing and post-press processing of the following publications for foreign organizations and individuals are prohibited:

1. Having contents in violation of Article 10 of the Publication Law;

2. Violating the law on intellectual property;

3. Having decisions on distribution termination, withdrawal, confiscation, ban from circulation or destruction in Vietnam;

4. Having contents inappropriate to Vietnam's foreign relations.

Article 10. Registration and certification of publications imported for commercial purpose

1. Prior to import, a publication importer shall send the written registration for the list of publications imported for commercial purpose enclosed with 3 copies of this list to the Publication Department.

2. Within 15 days after receiving the written registration and the list of publications imported for commercial purpose, the Publication Department shall examine and certify such registration in writing, affix its seal on the 3 copies of the list and return 2 copies to the publication importer.

Article 11. Dossiers of application for permits to import publications for non-commercial purpose

1. A permit application dossier comprises:

a/ An application for a permit enclosed with 3 copies of the list of publications to be imported;

b/ A copy of the people's identity card or passport of the person carrying out permit application procedures (with the original for comparison), unless the dossier is sent by post or delivery service;

c/ Copies of the bill of lading, invoice and notice of goods arrival enclosed with the originals for comparison (if any), for imported publications currently kept by the customs, post or delivery service provider;

d/ A certified copy of the license for operation in Vietnam, for permit applicants being foreign agencies or organizations or international organizations;

e/ For cases of importing publications for research purpose, a written request for permit grant of the Minister or head of the ministerial-­level agency, government-attached agency, central or provincial-level agency or organization in charge of that research.

2. Central agencies and organizations; foreign agencies and organizations; and international organizations based in Hanoi shall submit dossiers of application for permits to import non-commercial publications to the Publication Department or Hanoi Information and Communications Department.

3. Local agencies and organizations; branches, representative offices and units under central agencies and organizations based in localities; foreign agencies and organizations and international organizations based in localities or currently operating in localities; Vietnamese and foreign individuals visiting or residing in localities shall submit dossiers of application for permits to import non-commercial publications to provincial-level Information and Communications Departments of such localities.

Article 12. Evaluation of contents of non­commercial imported publications

Before making decision to grant non­commercial import permits, evaluation of contents of publications shall be conducted as follows:

1. Organizations and individuals having non­commercial imported publications shall take responsibility before law for the contents of their imported publications;

2. When detecting a publication's signs of violation of the Publication Law and other relevant laws, the Publication Department or provincial-level Information and Communications Department shall:

a/ For the publication currently kept at the customs, post or delivery service provider for completion of import procedures:

- Grant an import permit for a quantity of publication copies only sufficient for content evaluation;

- Request the importer to submit the publication for content evaluation. The importer shall cover evaluation expenses under current regulations;

- Set up an evaluation council consisting of qualified evaluators. The evaluation time must not exceed 10 days, for a book, and 5 days, for other publications specified in Clauses 2, 3 and 4, Article 2 of this Circular. Evaluation results shall be made in writing.

- Within 5 days after receiving the evaluation record, the Publication Department or provincial-level Information and Communications Department shall consider and grant the import permit for the publication already evaluated, or request in writing the publication importer to re­export or destroy the publication copies, in case of refusal to grant a permit.

b/ When the publication is a movable asset of an organization or individual for private use or a document for an international seminar or conference permitted by competent Vietnamese authorities to be held in Vietnam, and is transferred to another Vietnamese agency, organization or individual:

- Request the recipient to evaluate its contents. The evaluation record shall be made and sent to the Publication Department or provincial-level Information and Communications Department;

- Within 7 days after receiving the evaluation record, the Publication Department or provincial-level Information and Communications Department shall consider and grant an import permit. In case of refusal, it shall request in writing the organization or individual to refuse the receipt of that publication.

Article 13. Evaluation of commercial imported publications with signs of violation

Commercial imported publications with signs of violation shall be evaluated as follows:

1. When detecting a publication's signs of violation of the Publication Law and other relevant laws, the Publication Department shall request in writing the publication importer to set up an evaluation council consisting of qualified evaluators to evaluate the publication prior to import registration certification. An evaluation record shall be made and sent to the Publication Department;

2. When the importer cannot evaluate the publication content prior to import, the Publication Department shall certify the import registration with a quantity of publication copies only sufficient for content evaluation and request the importer to evaluate its contents under Point a, Clause 1 of this Article;

3. Within 10 days after receiving the evaluation record, the Publication Department shall consider and certify the import registration or issue a written refusal to certify the import registration and request the importer to re-export or destroy the publication copies used for evaluation.

Article 14. Publication exhibitions and fairs

1. Vietnamese and foreign agencies, organizations and individuals and international organizations wishing to display publications in fairs for commercial purpose shall apply for permits to organize publication fairs under Article 42 of the Publication Law, and Clauses 1 and 2, Article 19 of Decree No. 111/2005/ND-CP of August 26, 2005.

2. Foreign agencies, organizations and individuals and international organizations wishing to display publications in exhibitions for public introduction rather than for commercial purpose shall apply for permits to organize publication exhibitions under Article 42 of the Publication Law and Clauses 1 and 2, Article 19 of Decree No. 111/2005/ND-CP of August 26, 2005.

Article 15. Responsibilities of provincial-level Information and Communications Departments for suspension from operation of central publishing houses and publication printing and distribution establishments based in localities

When a central publishing house or a publication printing or distribution establishment based in a locality commits violations and is subject to operation suspension, the provincial-level Information and Communications Department shall:

1. Report such to the Minister of Information and Communications and the provincial-level People's Committee chairperson;

2. After receiving written opinions of the Minister of Information and Communications, the provincial-level Information and Communications Department shall propose the provincial-level People's Committee chairperson to consider and handle violations according to his/her competence under Point d, Clause 1, Article 6 of Decree No. 111/2005/ND-CP of August 26, 2005.

Article 16. Re-grant of permits for commercial import of publications

Within 60 days from the effective date of this Circular, commercial publication importers licensed before January 1, 2009, shall apply for new operation permits.

Article 17. Promulgation of forms

Promulgated together with this Circular are 22 forms for carrying out administrative procedures in the publication, printing and publication distribution domains (not printed herein).

Article 18. Effect

This Circular takes effect on March 15, 2010.

The Culture and Information Ministry's Circular No. 30/2006/TT-BVHTT of February 22, 2006, guiding the Government's Decree No. 111/2005/ND-CP of August 26, 2005, and the Culture and Information Minister's Decision No. 31/2006/QD-BVHTT of March 1, 2006, promulgating permit, registration certification and deposit declaration forms used in publication activities, cease to be effective on the effective date of this Circular.

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