Quyết định 03/2007/QĐ-BVHTT của Bộ Văn hoá-Thông tin về việc ban hành Quy chế cải chính trên báo chí

DECISION

PROMULGATING THE REGULATION ON PRESS CORRECTIONS

THE MINISTER OF CULTURE AND INFORMATION

Pursuant to the December 28, 1989 Press Law; the June 12, 1999 Law Amending and Supplementing a Number of Articles of the Press Law; and the Government's Decree No. 51/2002/ND-CP of April 26, 2002, detailing the implementation of the Press Law and the Law Amending and Supplementing a Number of Articles of the Press Law;

Pursuant to the Government's Decree No. 63/2003/ND-CP of June 11, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Culture and Information;
At the proposal of the director of the Press Department,

DECIDES:

Article 1.- To promulgate together with this Decision the Regulation on press corrections.

Article 2.- This Decision takes effect 15 days after its publication in "CONG BAO."

Article 3.- The director of the Ministry's Office, the director of the Press Department, directors of provincial/municipal Services of Culture and Information, parent agencies and heads of press agencies, journalists, and concerned organizations and individuals shall implement this Decision.

REGULATION

ON PRESS CORRECTIONS
(Promulgated together with the Culture and Information Minister's Decision No. 03/2007/QD-BVHTT of February 7, 2007)

Article 1.- Governing scope and subjects

1. Governing scope:

This Regulation provides for the making of corrections and the publication or broadcasting of statements of agencies or organizations (below collectively referred to as organizations) or individuals regarding the information specified in Article 2 of this Regulation.

2. Governing subjects:

Parent agencies of press agencies, press agencies, authors of press works as well as organizations and individuals involved in the information specified in Article 2 are governed by this Regulation.

Article 2.- Information subject to correction

Press agencies or authors of press works shall make corrections to the information published or broadcast in the press if:

1. That information is untruthful;

2. That information is distortional or slanderous or hurts the prestige of organizations or the honor or dignity of individuals;

3. That information causes misunderstanding, thus hurting the prestige, honor or legitimate interests of organizations, individuals or society.

Article 3.- Request to make corrections and publish or broadcast statements of organizations or individuals

1. Apart from being examined and handled according to law, press agencies or authors of press works that publish or broadcast information in the press in a case defined in Article 2 of this Regulation shall also make corrections.

- Corrections must clearly indicate which published or broadcast information is untruthful, distortional or slanderous or hurts the prestige of organizations or honor or dignity of individuals and the corrected information.

- Apologies made by press agencies or authors of press works shall be published or broadcast following the corrected information.

- Written notices on press corrections and written apologies shall be sent to concerned organizations or individuals.

2. When a competent state agency makes written conclusions that the information falls into a case defined in Article 2 of this Regulation, the concerned press agency and press work's author shall make corrections and publish or broadcast such conclusions without modification according to the provisions of Clause 4 of this Article.

- Corrections or apologies made by the press agency or press work's author shall be published or broadcast following the written conclusions of the competent state agency.

- If the competent state agency's written conclusions detail all developments of the case, requiring a space or time volume larger than that devoted to the information defined in Article 2 of this Regulation, the press agency may only publish or broadcast an excerpt of the conclusions which is relevant to the information defined in Article 2 of this Regulation.

3. When receiving organizations' or individuals' written statements indicating the grounds that the published or broadcast information falls into a case defined in Article 2 of this Regulation, the press agency shall publish or broadcast those statements according to the provisions of Clause 4 of this Article.

- If refusing to publish or broadcast statements of organizations or individuals, the press agency shall notify in writing those organizations or individuals of its refusal clearly stating the reason therefor and, at the same time, send a written report thereon to a state management agency in charge of the press.

- Organizations' or individuals' statements must not hurt press agencies, the honor or dignity of authors of press works or breach the provisions of law.

- If disagreeing with organizations' or individuals' statements, the press agency or press work's author may provide more information clarifying their viewpoints. Statements of organizations or individuals and viewpoints of press agencies or press works' authors may be published or broadcast in the press for 3 (three) times at most. If disagreement still exists between the two parties, organizations or individuals may lodge complaints with the parent agency of the press agency or a state management agency in charge of the press or initiate lawsuits at court according to law.

4. Positions and layouts of published or broadcast corrections, apologies, written conclusions or statements:

- Corrections, apologies, written conclusions or statements shall be published or broadcast in the same position, section and page with the same font and size of letters (for printed or online newspaper) or in the same broadcasting program, at the broadcasting hour or in the same number of times (for radio or television) like the information in question. For online newspapers and websites, the information subject to correction as specified in Article 2 of this Regulation must be immediately removed.

- When publishing or broadcasting the corrected information, apologies or written conclusions, the following must be clearly stated: "Corrections to the information in the press work (name of the press work) published on the newspaper in issue No'. dated' , or broadcast on the radio or television (name of the press agency) at' and on' (time and date of broadcasting)."

- When publishing or broadcasting statements, the following must be clearly stated: "Feedback of organization or individual (name of the organization or individual) about the information in the press work (name of the press work) published on the newspaper (name of the newspaper) in issue No.', section' or broadcast on the radio or television (name of the radio or television) on' (date of broadcasting)".

Article 4.- Time limit for making corrections

The time limit for publishing or broadcasting corrections, competent state agencies' written conclusions or organizations' or individuals' statements on the published or broadcast information when there are grounds to affirm that such information falls into a case defined in Article 2 of this Regulation is as follows:

1. One day at most, for online newspapers; 05 (five) days, for dailies; or two days, for radio and television. For weekly programs, those corrections, conclusions or statements shall be broadcast in the subsequent program.

2. Ten days at most, for weeklies.

3. In the next issue, for magazines.

For a magazine published once every more than 30 (thirty) days, the press agency shall, apart from publishing those corrections, conclusions or statements in the next issue of that magazine, also have them published or broadcast within 7 (seven) days in a daily, radio or television that has a similar distribution area or broadcast coverage, and bear all expenses for such publication or broadcasting.

Article 5.- Complaints and denunciations

When a press agency does not publish or broadcast corrections, apologies, competent state agencies' conclusions, or organizations' or individuals' statements (without notifying in writing concerned organizations or individuals of the reason therefor) or conducts such publication or broadcasting in contravention of this Regulation, concerned organizations or individuals may:

1. Lodge complaints with the parent agency of the press agency.

2. Lodge complaints with a state management agency in charge of the press. The Minister of Culture and Information shall make the final decision on settlement of the complaints.

3. Initiate lawsuits at court.

Article 6.- Handling of violations

Press agencies, authors of press works, organizations or individuals that fail to strictly implement the provisions of this Regulation shall, depending on the nature and severity of their violations, be disciplined, administratively handled or examined for penal liability in accordance with law.