THE
MINISTER OF INFORMATION AND COMMUNICATIONS
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
02/2010/TT-BTTTT
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Hanoi,
January 11, 2010
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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;
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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;
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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
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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.
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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.
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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.
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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.
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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.
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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
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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).
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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.-
FOR
THE MINISTER OF
INFORMATION AND COMMUNICATIONS
DEPUTY MINISTER
Do Quy Doan