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THE
MINISTRY OF CULTURE AND INFORMATION
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
30/2006/TT-BVHTT
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Hanoi,
February 21, 2006
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CIRCULAR
GUIDING THE IMPLEMENTATION OF THE GOVERNMENT'S DECREE No. 111/2005/ND-CPOFAUGUST
26, 2005, DETAILING AND GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF
THE LAW ON PUBLICATION
On August
26, 2005, the Government issued Decree No. 111/2005/ND-CP, detailing and
guiding the implementation of a number of articles of the Law on Publication.
In order to uniformly implement this Decree throughout the country, the
Ministry of Culture and Information hereby guides in detail the implementation
of a number of articles of this Decree as follows:
I.
GENERAL PROVISIONS:
1.
On planning of development
of the sector of publishing,
printing and distribution of
publications:
On the basis
of the planning on development of the publishing, printing and publication
distribution sector throughout the country up to 2010, approved by the Minister
of Culture and Information in his Decision No. 40/2002/QD-BVHTT of December 31,
2002, ministries, branches and localities shall make and send their plannings
to the Ministry of Culture and Information prior to June 30, 2006.
Based on the
practical publishing activities and the provisions of law, the Minister of
Culture and Information may adjust the planning on development of the
publishing, printing and publication distribution sector throughout the country
up to 2010.
The planning
on development of the publishing, printing and publication distribution sector
throughout the country shall serve as a basis for realizing policies of
encouraging and supporting the development of publication activities and
permitting the establishment of publishing houses, publication-printing
establishments and publication-importing business establishments.
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The re-grant
of permits for publishing activities defined in Article 21 of the Government's
Decree No. 115/2005/ND-CP of August 26, 2005 (hereinafter referred to as Decree
No. 115/2005/ND-CP), shall be effected as follows:
a/ For
publishing houses:
Existing
publishing houses shall send dossiers to the Ministry of Culture and
Information to apply for the re-grant of permits. The dossiers of application
for the re-grant of permits shall comply with the provisions of Clause 1,
Article 16 of the Law on Publication.
The re-grant
of permits to existing publishing houses shall be based on conditions defined
in Article 12 of the Law on Publication.
b/ For
publication-printing establishments:
Existing
publication-printing establishments of central agencies and organizations shall
send dossiers to the Culture and Information Ministry's Publication Department
to apply for the re-grant of permits; those of local agencies and organizations
shall send dossiers to their respective provincial/municipal Culture and
Information Services to apply for the re-grant of permits. The dossiers of
application for the re-grant of permits shall comply with the provisions of
Clause 2, Article 31 of the Law on Publication.
c/ For
publication-importing business establishments:
Existing
publication-importing business establishments shall send dossiers to the
Culture and Information Ministry's Publication Department to apply for the
re-grant of permits. The dossiers of application for the re-grant of permits
shall comply with the provisions of Clause 2, Article 38 of the Law on
Publication.
d/ Within 15
days, for publishing houses, and 10 days, for publication-printing
establishments and publication-importing business establishments, after
receiving complete and valid dossiers, competent state management agencies
shall have to re-grant permits. In case of refusal to re-grant permits, they
must reply in writing, clearly staling the reasons therefor.
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f/
Publishing houses, publication-printing establishments and
publication-importing business establishments, which were granted establishment
and operation permits after July 1, 2005, shall not have to apply for the
re-grant of permits.
During the
time of carrying out procedures for the re-grant of permits under the guidance in
this Circular, publishing houses, publication-printing establishments and
publication-importing business establishments which were granted operation
permits under the Law on Publication may still continue their operation.
Publishing
houses, publication-printing establishments and publication-importing business
establishments, which are not re-granted permits, must terminate their
operation.
II. THE
PUBLISHING DOMAIN
1.
On pamphlets, leaflets and
calendars of all types
a/ For the
publication of non-commercial pamphlets and leaflets (including catalogues)
defined in Clause 2, Article 2 of Decree No. 111/2005/ND-CP to introduce and
guide the use of goods or products: or introduce enterprises and services,
publication permits shall not be required.
b/ Calendars
of all types which are publications of publishing houses include: wall
calendars, daily wall calendars, pocket calendars, calendar books and desk pad
calendars.
2. On
advertisement on assorted calendars:
The
advertisement on assorted calendars must meet the following requirements:
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b/ For daily
wall calendars: On each calendar page, the area for advertisement shall not
exceed 20% of the total area of the page, advertisements must not be placed on
calendar pages of national or big anniversary days prescribed by the State
Calendar Committee
3. On
procedures for deposit of
copies of publications
a/
Publications of publishing houses must be affixed with the "deposit"
stamp and inscribed with the time of deposit; heads or authorized persons of
publishing houses shall sign on the page printed with the title of the book,
for books and book-type documents; on the page printed with the number of the
publication decision, for pamphlets; on the packages of daily wall calendars,
and on audio tapes, audio discs, video tapes and video discs.
b/ For
non-commercial documents the publishing of which is subject to permits, heads
or authorized persons of agencies or organizations permitted to publish such
documents must sign, affix their stamps, and write the time of deposit on the
page printed with the number of the publication permit.
c/ When depositing
copies of publications, publishing houses and agencies and organizations which
are granted publication permits shall have to fill in 02 deposit declaration
forms, issued by the Ministry of Culture and Information.
III. THE
PRINTING DOMAIN:
1.
On undertaking the typesetting and post-press
processing of publications
Where
printing establishments only undertake the typesetting and post-press
processing of publications, they must ask ordering agencies, organizations or
individuals to produce publication permits or publication decisions of
directors of publishing houses and submit 01 copy of such paper to printing
establishments for archival purpose.
2.
On the printing of pamphlets and leaflets:
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3. On
conditions for being granted publication-printing permits:
Printing
establishments shall be granted publication-printing permits only when they
have the following press and post-press processing equipment line:
- Printing
machines;
-
Guillotines;
- Folding
machines;
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Book-binding machines or book-sewing combines
4.
On the contents of publications printed
for foreign parties
The printing
of the following publications for foreign parties is prohibited:
a/
Publications with contents violating the provisions of Article 10 of the Law on
Publication;
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c/
Publications which have been recovered, confiscated, banned from circulation or
destroyed in Vietnam.
d/
Publications with contents inappropriate with Vietnam's external relations.
IV. ON
THE REGISTRATION OF LISTS OF IMPORTED PUBLICATIONS:
When
registering the lists of publications imported for trading, importing
establishments shall have to send 03 copies thereof to the Publication
Department.
The
Publication Department shall make certification of the registration of lists of
imported publications according to a form issued by the Ministry of Culture and
Information, seal its stamp on 03 copies of each list of imported publications
and return 02 copies to importing establishments.
V.
IMPLEMENTATION EFFECT
This
Circular takes effect 15 days after its publication in "CONG BAO" and
replaces the Culture and Information Ministry's Circular No. 38/TT-XB of May 7,
1994, guiding the implementation of the Government's Decree No. 79/CP of
November 6, 1993, detailing the implementation of the Publication Law.
MINISTER OF CULTURE AND INFORMATION
Pham Quang Nghi
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