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THE
MINISTRY OF INFORMATION AND COMMUNICATIONS
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
33/2011/TT-BTTTT
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Hanoi,
November 01, 2011
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CIRCULAR
DETAILING THE LICENSING OF E-NEWSPAPERS AND SPECIAL WEBSITES
OF E-NEWSPAPERS
Pursuant to the December 28,
1989 Press Law; 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;
Pursuant to the Government's
Decree No. 50/2011/ND-CP of June 24, 2011, amending and supplementing 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 details the licensing of e-newspapers and special websites
of e-newspapers as follows:
Chapter I
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Article 1.
Scope of regulation
This Circular details the grant,
renewal and modification of e-newspaper licenses and licenses for special
websites of e-newspapers.
Article 2.
Subjects of application
This Circular applies to
organizations licensed for e-journalism operations under the press law;
e-newspapers, e-magazines and press managing agencies (below referred to as
managing agencies).
Article 3.
Interpretation of terms
In this Circular, the terms
below are construed as follows:
1. E-newspapers include
e-newspapers and e-magazines published on the computer network.
2. Special website of an
e-newspaper means the website of an e-newspaper or e-magazine with specialized
contents conformable with the licensed e-newspaper or e-magazine's guidelines
and objectives.
3. Home page means the web page
to be first displayed on the screen at the domain name indicated in the
e-newspaper license.
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1. The Minister of Information
and Communications may grant and modify e-newspaper licenses under law and this
Circular.
2. The Director of the Authority
of Broadcasting and Electronic Information may grant licenses for special
websites of e-newspapers under law and this Circular.
Article 5.
Validity of licenses
1. An e-newspaper license is
valid for ten (10) years from the date of its signing.
2. The validity of a license for
special website of an e-newspaper is provided in such license but must not
exceed the validity duration of the granted e-newspaper license.
3. Ninety (90) days after the
effective date of an e-newspaper license or a license for special website of an
e-newspaper, if the licensed organization fails to operate under its license,
such license is invalidated.
Chapter II
LICENSING OF
E-NEWSPAPERS
Article 6.
Conditions for obtaining an e-newspaper license
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2. Conditions on personnel:
a/ Persons to be appointed to
the posts of editor-in-chief and deputy editor-in-chief must satisfy the
following conditions:
Holding a tertiary or higher
degree;
Holding an advanced or higher
political theory degree;
Possessing the Ministry of
Information and Communications' certificate of press management operations;
Possessing a valid press card
granted by the Ministry of Information and Communications;
Currently not being disciplined
at reprimand or severer level.
b/ Having sufficient managerial
personnel for professional divisions and sections and reporters and editors
with press cards for the operation of the e-newspaper or e-magazine.
c/ When using a foreign or
Vietnamese ethnic minority language to present information, having sufficient
reporters and editors proficient in that language for the publication and the
head of the e-newspaper or the person authorized to take charge of contents
must be proficient in such language.
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4. To operate at least 1 domain
name <.vn> which remains valid for at least 6 months at the time of
applying for the license.
5. To adopt an appropriate
management process for its operation.
6. To satisfy conditions on
physical, financial and technical foundations according to the license
application dossier, including:
a/ Having a fixed office for the
e-newspaper's operation;
b/ Having sufficient equipment,
personnel and technical solutions to assure information safety and security for
the e-newspaper's operation;
c/ Being financially viable to
fulfill operation targets in line with the e-newspaper's guidelines and
objectives.
7. To be certified by the
provincial-level People's Committee chairperson to fully satisfy conditions for
e-journalism operations and conform with the local press development planning,
for applicants for licenses for local e-newspapers.
8. The Ministry of Information
and Communications shall consider and decide on licensing of e-journalism
operations of religious institutions and specialized basic science institutions
and in other special cases.
Article 7.
Dossiers and procedures for e-newspaper licensing
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a/ An application for an
e-newspaper license (made according to form No. I);
When the managing agency is
other than a provincial-level People's Committee, certification of the
chairperson of a provincial-level People's Committee under Clause 6, Article 12
of 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, is required.
b/ A certified copy of the
establishment decision of the applicant for the e-newspaper license;
c/ The e-newspaper operation
plan approved by the managing agency, which specifies:
- Necessity, objectives and
legal grounds of the e-newspaper;
- Proofs of satisfaction of all
the conditions specified in Article 6 of this Circular;
- Name, domain names and logo
(if any) of the e-newspaper;
- Information structure and
contents: special websites and sections (guidelines, objectives, language and
principal contents);
- Interface and appearance of
the e- newspaper. The home page of the e-newspaper or e-magazine must display
names of the e-newspaper and its managing agency; license number and date of
grant; head office address; telephone number and email; full name of the
editor-in-chief. The home page of a special website of an e-newspaper must
present the name of this website;
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- Organization of
implementation, process of publication and content management.
d/ General list of expected
personnel: leaders, heads of professional divisions and sections, reporters,
editors and technicians of the e-newspaper (made according to form No. 2);
e/ Resumes of leaders of the
e-newspaper (editor-in-chief, deputy editor-in-chief) (made according to form
No. 3);
f/ The provincial-level
Information and Communications Department's written certification of
satisfaction of conditions on offices, equipment and personnel and other
conditions as assigned by the provincial-level People's Committee chairperson,
for applicants for licenses for local e-newspapers;
g/ Color prints of the interface
of the home pages of the e-newspaper and its special website.
2. The Ministry of Information
and Communications shall consider and grant e-newspaper licenses (according to
form No. 5). In case of refusal, within thirty (30) working days after
receiving a valid dossier, it shall issue a reply clearly stating the reason.
Article 8.
Modification of e-newspaper licenses
1. An e-newspaper agency wishing
to modify the contents of its c-newspaper license under Clause 4, Article 14 of
Decree No. 51/2002/ ND-CP shall send one (1) set of dossier of request for
license modification to the Ministry of Information and Communications (the
Authority of Broadcasting and Electronic Information).
2. A dossier of request for
modification of name of the e-newspaper, name of the managing agency,
guidelines, objectives or language of the e-newspaper comprises:
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b/ A certified copy of the
e-newspaper license;
c/ The provincial-level
Information and Communications Department's written certification of
satisfaction of operation conditions with such changes, as assigned by the
provincial-level People's Committee chairperson, for local e-newspapers.
3. A dossier of request for
modification of the home page interface, head office or domain name comprises:
a/ The e-newspaper agency's
written request;
b/ Print of the new home page
interface (for request for change of the home page interface);
c/ Domain names to be changed
(for request for change or addition of domain names).
4. Within fifteen (15) days
after receiving a complete and valid dossier, the Ministry of Information and
Communications shall consider and modify an e-newspaper license (according to
form No. 6). In case of refusal, it shall issue a reply clearly stating the
reason.
5. Change of leaders of an
e-newspaper complies with the press law.
Article 9.
Renewal of e-newspaper licenses
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2. A dossier of request for
renewal of an e-newspaper license comprises:
a/ The managing agency's written
request;
b/ The provincial-level
Information and Communications Department's written certification of
satisfaction of e-journalism operation conditions as assigned by the
provincial-level People's Committee chairperson, for local press agencies;
c/ A copy of the e-newspaper
license and documents modifying such license granted the Ministry of
Information and Communications;
d/ An application for an
e-newspaper license (made according to form No. 1);
e/ General list of personnel:
leaders, heads of professional divisions and sections, reporters, editors and
technicians of the e-newspaper (made according to form No. 2);
f/ An evaluation report on
operations of the e-newspaper.
3. A dossier shall be made in
one (1) original set and submitted directly or by post to the Ministry of
Information and Communications (the Authority of Broadcasting and Electronic
Information).
Within thirty (30) working days
after receiving a complete and valid dossier under regulations, the Ministry of
Information and Communications shall renew an c-newspaper license. In case of
refusal, it shall issue a reply clearly stating the reason.
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1. An e-newspaper agency wishing
to add a special website outside its e-newspaper license shall carry out
procedures to apply for a license under regulations.
2. A dossier of application for
a license for special website of an e-newspaper comprises:
a/ The managing agency's written
request;
b/ Application for a license for
special website of an e-newspaper (made according to form No. 4);
c/ A certified copy of the
e-newspaper license;
d/ The plan on formation of the
e-newspaper's special website, which specifies:
Necessity, objectives and legal
grounds of the special website;
Name, domain names (if any) of
the special website;
Guidelines, objectives,
language, principal contents and sections;
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Organization of implementation,
process of publication and content management.
e/ The provincial-level
Information and Communications Department's written certification of
satisfaction of conditions to operate the special website (for e-newspapers of
provinces and centrally run cities);
f/ A color print of the
interface of the home page of the special website;
g/ The certificate of domain
name use registration (for special websites with separate domain names).
2. A dossier shall be made in
one (1) original set and submitted directly or by post to the Authority of
Broadcasting and Electronic Information.
Within thirty (30) working days
after receiving a complete and valid dossier, the Authority of Broadcasting and
Electronic Information shall consider and grant a license for special website
of an e-newspaper (according to form No. 7). In case of refusal, it shall issue
a reply clearly stating the reason.
Article 11.
Modification of licenses for special websites of e-newspapers
When there is a change in the
contents of its license for special website, an e-newspaper agency shall carry
out procedures to modify such license.
A dossier comprises:
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b/A certified copy of the
e-newspaper license and license for special website;
c/ The provincial-level
Information and Communications Department's written certification of
satisfaction of conditions to operate with these changes (for press agencies of
provinces and centrally run cities).
2. A dossier shall be made in
one (1) original set and submitted directly or by post to the Authority of
Broadcasting and Electronic Information.
Within ten (10) days after
receiving a complete and valid dossier, the Authority of Broadcasting and
Electronic Information shall modify a license (according to form No. 8). In
case of refusal, it shall issue a reply clearly stating the reason.
Article 12.
Renewal of licenses for special websites of e-newspapers
1. Ninety (90) days before a
license for special website of an e-newspaper terminates its validity, an
e-newspaper agency shall carry out procedures for renewal of the license.
2. The procedures for renewal of
a license are the same as for a new license.
3. Within fifteen (15) days
after receiving a complete and valid dossier, the Authority of Broadcasting and
Electronic Information shall consider and renew a license. In case of refusal,
it shall issue a reply clearly stating the reason.
Chapter
III
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Article 13.
Promulgation of forms
To promulgate together with this
Circular the following forms:
1. Form No. I: Application for
an e-newspaper license.
2. Form No. 2: General list of
personnel of an e-newspaper.
3. Form No. 3: Resume of the
expected head of an e-newspaper.
4. Form No. 4. Application for a
license for special website of an e-newspaper.
5. Form No. 5: E-newspaper
license.
6. Form No. 6: Modified
e-newspaper license.
7. Form No. 7: License for
special website of an e-newspaper.
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(Alt these forms are not printed
herein)
Article 14.
Implementation provisions
1. This Circular takes effect on
January 1, 2012.
2. Managing agencies and
e-newspaper agencies shall comply with the press law and their e-newspaper
licenses and licenses for special websites of e-newspapers.
3. Any problems arising in the
course of implementation should be promptly reported to the Ministry of
Information and Communications for consideration and settlement.-
MINISTER
OF INFORMATION AND
COMMUNICATIONS
Nguyen Bac Son