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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:
75/1999/QD-BVHTT
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Hanoi, November 8, 1999
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DECISION
PROMULGATING THE
REGULATION ON JOINT VENTURE FOR PRINTING AND DISTRIBUTION OF PUBLICATIONS
THE MINISTER OF CULTURE AND INFORMATION
Pursuant to the July 7, 1993 Law on
Publication and the Government’s Decree No.79/CP of November 6, 1993 detailing
the implementation of this Law;
Pursuant to the Government’s Decree No.81/CP of November 8, 1993 defining the
functions, tasks, powers and organizational apparatus of the Ministry of
Culture and Information;
At the proposal of the head of the Publication Department,
DECIDES:
Article
1.- To issue together with this Decision the Regulation on joint
venture for printing and distribution of publications.
Article 2.- The Regulation issued together with this
Decision takes effect 15 days after its signing.
Article 3.- The director of the Ministry’s Office, the head
of the Publication Department, the directors of the provincial/municipal
Culture and Information Departments, the directors of publishing houses, the
directors of printing establishments, the directors of book distribution
organizations, the owners of publication distribution agents and shops as well
as the relevant organizations and individuals shall have to implement this
Decision.
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MINISTER OF CULTURE AND INFORMATION
Nguyen Khoa Diem
REGULATION
ON JOINT VENTURE
FOR PRINTING AND DISTRIBUTION OF PUBLICATIONS
(Issued together with Decision No.75/1999/QD-BVHTT of November 8, 1999 of
the Minister of Culture and Information)
Chapter I
GENERAL PROVISIONS
Article
1.- Joint venture for printing and distribution of publications
stipulated in this Regulation is a form of capital contribution by domestic
organizations and/or individuals to publishing houses in order to print and
distribute publications; a joint venture shall be effected for only one
publication.
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Article 2.- Publishing houses having joint-venture
publications shall have to state clearly in the registrations of publication
plans with the Publication Department the parties to joint venture, form of
joint venture and time for publishing. The joint-venture publications must
comply with the principles and purposes of the publishing houses and shall be
printed only after the Publication Department issues a written approval of the
plan registrations.
Article 3.- The directors and editors-in-chief of publishing
houses; the directors of printing establishments; the directors and heads of
publication distribution organizations shall take responsibility before law for
the joint-venture publications according to the provisions of the Law on
Publication and the specific provisions of this Regulation.
Organizations and/or individuals contributing
capital to the printing and distribution of publications shall be accountable
before law according to the contracts concluded with publishing houses.
Article 4.- The publication State management agencies and
public employees in charge of handling work related to the publishing, printing
and distribution shall not be allowed to enter into joint ventures for the
printing and distribution of publications.
Chapter
II
SPECIFIC PROVISIONS
A. FOR
PUBLISHING HOUSES
Article 5.- When entering into joint venture with
organizations and/or individuals for printing and distribution of publications,
publishing houses shall have to sign contracts with the following main
contents:
1. The purpose of the joint venture for printing
and distribution of publications (business or non-business).
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3. The responsibility for distribution of the
publication (according to the provisions at Article 12 of this Regulation).
4. The rates of capital contribution and profit
division among the joint-venture parties.
5. The responsibilities of each joint-venture
party in case of their breach of the contract.
Article 6.- The editing of a joint-venture publication must
comply with the set procedures, and the director or editor-in-chief of the
publishing house shall have to sign the approval of printing. The manuscript
given for printing must be duplicated in two copies: one handed over to the
printing establishment and the other kept at the publishing house for
comparison. For joint-venture publications being books, calendars of all types,
sound and video tapes and discs, it is necessary to clearly inscribe on the
fourth cover or the final page the names of organizations and/or individuals
entering into joint venture with the publishing house.
Only the publishing house’s officials who are
authorized by the publishing house’s leader may conduct transactions directly
with the printing establishment for the printing of joint-venture publication.
Article 7.- The heads of branches of a publishing house may
sign extracts of publication papers and joint-venture contracts with
organizations and/or individuals to print and distribute publications only when
they are so authorized in writing by the director of the publishing house.
Article 8.- Upon completion of the printing of a
joint-venture publication, the publishing house shall have to fill in the
warehousing and ex-warehousing procedures in accordance with the current
regulations on financial and accounting management; read to examine the
contents of the publication and send copies thereof for depository as
prescribed by law; the declaration for depository of the joint-venture
publication shall be signed by the director of the publishing house. Seven days
after the publication State management agencies receive copies of the
publication for depository and have no opinions on its contents or information
which must be inscribed thereon according to the provisions of Article 12 of
the Government’s Decree No.79/CP detailing the implementation of the Law on
Publication, the director of the publishing house may sign the approval of
publication distribution.
Article 9.- The recognition of a joint-venture publication
by the Publication Department shall be valid only in the plan year; any changes
in the name of the project, the number of copies to be printed, the time for
publishing and parties to the joint venture may be effected only when they are
agreed upon by the Publication Department.
Article 10.- Publishing houses shall be entitled to collect
and manage fees and have to pay the author’s remuneration, printing charges and
taxes prescribed by law.
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Article 11.- Printing establishments shall, when concluding
contracts on the printing of joint-venture publications with publishing houses,
shall have to comply with the following stipulations:
1. To conduct transactions for performance of a
contract on the printing of a joint-venture publication with a publishing
house’s official(s) only when the latter satisfy the following conditions:
a/ Having a paper of introduction signed by the
director of the publishing house or head of its branch (which states clearly
the name(s) and title(s) of the official(s) sent to discuss the printing of the
publication).
b/ The extract of the publication plan (clearly
stating the names of the publication and author, the number of pages, the
publication sizes, the serial number of the written approval of the publication
plan registration issued by the Publication Department). The extract of the
publication plan shall not be valid for signing the printing contract if it is
erased or is a copy.
c/ The manuscript given for printing must be
signed for approval of printing by the director or editor-in-chief of the
publishing house.
2. The printing contract shall be signed by the
leader of the publishing house, except for cases stipulated in Article 7 of
this Regulation.
3. Upon completion of the printing of the
publication, the printing establishment shall be allowed to deliver it only to
the publishing house, not directly to the joint-venture organization(s) and/or
individual(s).
4. The continued printing of the publication
must be carried out under a new contract as for the first-time printing in
strict compliance with the provisions of Clauses 1 and 2, Article 11 of this
Regulation.
C. FOR
PUBLICATION DISTRIBUTION ORGANIZATIONS AND INDIVIDUALS
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Organizations and/or individuals without
business registration for publication distribution shall not be allowed to sell
the joint-venture publication in any form; the distribution of the
joint-venture publication to organizations and/or individuals without
distribution registration shall be carried out by the publishing house.
Article 13.- When receiving joint-venture publications for
distribution, the distributing organizations and/or individuals shall have to
comply with the following provisions:
1. To receive only joint-venture publications
that fully print the information stipulated in Article 12 of the Government’s
Decree No.79/CP detailing the implementation of the Law on Publication as well
as the names of the joint-venture organizations and/or individuals stipulated
in Article 6 of this Regulation.
2. To acquire valid vouchers of delivery and
reception as prescribed by law.
Chapter
III
IMPLEMENTATION PROVISIONS
Article 14.- If the directors of publishing houses,
directors of printing establishments, directors of publication distribution organizations,
agents and shops, during the publishing, printing and distribution of
publications, violate the Law on Publication and the provisions of this
Regulation, they shall, depending on the nature and seriousness of their
violations, be administratively sanctioned or examined for penal liability.
Article 15.- Once every 6 months or in urgent cases when
requested by the publication State management agencies, publishing houses
having joint-venture publications shall have to report on the joint-venture
plan implementation tempo.
Article 16.- The Publication Department shall have to guide
the implementation of this Regulation and coordinate with the concerned
agencies in organizing the inspection, examination and handling of violations
of this Regulation in the whole country.
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Article 18.- This Regulation takes effect 15 days after its
signing.
MINISTER OF CULTURE AND INFORMATION
Nguyen Khoa Diem