THE
NATIONAL ASSEMBLY
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.:
12/2008/QH12
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Hanoi, June 03, 2008
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LAW
AMENDING,
SUPPLEMENTING A NUMBER OF ARTICLES OF PUBLISHING LAW
Pursuant to the 1992
Constitution of the Socialist Republic of Vietnam as amended, supplemented a
number of Articles by Resolution 51/2001/QH10;
The National Assembly promulgates the law amending, supplementing a number of
articles of publishing law No.30/2004/QH11.
Article 1.
Amending, supplementing a number of Articles of the Publishing Law
1.
Article 18 is amended, supplemented as follows:
“Article 18.
Registration of publishing plans
1. Before
publication, the publishers must register publication plans with the Ministry
of Information and Communications and it must be confirmed in writing by such
Ministry. Within ten days from the date of receipt of registration of
publication plans of publishers, the Ministry of Information and Communications
confirms in writing on the registration of publication plans.
The Ministry
of Information and Communications stipulates Form of registration of
publication plans.
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2.
Article 26 is amended, supplemented as follows:
“Article 26.
Information appearing in publications
1. On books
and documents under form of books (hereinafter collectively called as books),
the following information must be recorded:
a) Title,
author’s name, editor's name (if any), translator’s name service (for
translations) or name of transcriber (if a book transcribed from the ancient
Vietnamese script), names of corrector (if any); name of publishers or agencies
or organizations allowed to publish, names of organizations, individuals
jointing to publish (if any); year of publication, order number of files,
number of times of re-edition; for translated books, name of the original book,
author’s name, name of foreign publisher, the year of publication abroad must
be written; if books are translated from a language different from the original
language, the name of the language and name of translator must be recorded
clearly;
b) Name of
the person in charge of publishing, names of the content editor; book
framework, registration number of publishing plan, number of publishing
decisions of the director of publisher or of publishing permit issued by the
state management agency on the publishing activities; names of person who
displays, illustrates, name of technical editor, name of printing corrector,
the quantity of printed copies, name of the printer, time of deposit;
c) For
business books, retail sale price must be recorded on them; for the book which
is ordered by the State, it must be recorded as “ordered by the State”; for
non-business book, it must be recorded as “not for sale”.
2. In the
case of publications which are not books, it must be recorded the following
information:
a) The name
of the publications; the name of the publishers or of the agencies or
organizations with the publishing permit; name of organizations, individuals
jointing in publishing (if any);
b) Number of
registration of publication plans, number of publishing decisions of the
director of publisher or of publishing permit issued by the state management
agency on the publishing activities; the quantity of printed copies, name of
the printer;
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3. The
Government stipulates the special cases of not recording author’s name, name of
translator, name of transcriber, names of organizations and individuals
associating to publish on the front cover and the location records information
specified in point b clause 1 of this Article.
4. Directors
of publishers decide the location to record information in the publications,
except for the cases provided in clause 3 of this Article.”
3.
Article 30 is amended, supplemented as follows:
“Article 30.
Dealing with violations in publishing sector
1.
Organizations and individuals committing violations of the provisions in
Article 3, 5, 10, 18, 19, 20, 21, 22, 23, 25, 26, 27 and 29 of this Law,
depending on the nature and seriousness of the violations that a warning or a
fine shall be issued and may be subject to measures to suspend the publishing
of violating publications, suspension of publication activities, stripping of
the right to use license for publishing activities; in case causing damages to
other organizations or individuals, the public apology and correction in the
newspaper, compensation must be made as prescribed by law.
Violating
publications shall be suspended from issue and depending on the nature and
seriousness that violations must be corrected, so the publications could be
issued or revoked, confiscated or banned, destroyed.
2.
Organizations and individuals having acts of infringement of intellectual
property in the sector of publishing shall be handled in accordance with the
law on intellectual property.
3. Persons
who commit violations that such acts are sufficient elements of a crime shall
be prosecuted for penal liability according to penal law.
4. The state
management agencies on publishing activities must take responsibility for its
decision to handle.”
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“Article 36.
Dealing with violations in sector of printing publication
1.
Organizations and individuals having the following acts, depending on the
nature and seriousness of the violation, a warning or a fine shall be issued, suspension
of publications being printed shall be made and may be subject to measures to
temporarily suspend publications printing activities, stripping of the right to
use permit for publications printing activities, confiscation of material
evidences and violation means; in case of causing damages, it must pay
compensation according to law:
a) Printing
publications without permit for the activity of printing publications;
b) Printing
publications without a publishing decision or permit of publishing; printing
publications not complying with publishing decision or permit of publishing;
c) Printing
publications for overseas parties without outsourcing printing permit;
d) Printing
publications which had decisions of printing suspension, retrieval, confiscation,
prohibition from circulation or destruction;
đ) Printing
publications which is different from the proof signed for approval by the
publisher or agency or organization authorized to publish the publications;
Printing publications without printing contract; or exceeding the number of
copies stipulated in the contract.
2.
Organizations and individuals committing acts of infringement of intellectual
property in the section of printing publications shall be handled in accordance
with the law on intellectual property.
3. Persons
who commit violations that such acts are sufficient elements of a crime shall
be prosecuted for penal liability according to penal law.”
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“Article 38.
Issuance of permit to conduct business of importing publications
1. Domestic
organizations, individuals and foreign individuals, organizations are imported
publications into Vietnam under the provisions of the law of Vietnam and in accordance with the international agreements which the Socialist Republic of
Vietnam is members.
2. Conditions
to grant permit for publications importing business activities include:
a) Having
certificate of business registration or certification of investment;
b) Heads of
business units must permanently reside in Vietnam, having diplomas and practice
certificates of publications issued by the competent agencies of Vietnam;
c) In case of
conducting business of book import, besides the conditions provided in point a
and point b clause 2 of this Article, must have staffs and freelancers capable
of appraising the contents of the book.
3. Dossier
requesting for license includes:
a)
Application for conducting business of the activity of importing publications;
b) List of
staffs, freelancers signed labor contracts; regular copies of written
certification, diploma, certificate provided in clause 2 of this Article.
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5. The
Government stipulates specifically the conditions to grant permit of
publications importing business provided in point b and point c clause 2 and
dossier requesting for granting permit provided in clause 3 of this Article.”
6.
Article 39 is amended, supplemented as follows:
“Article 39.
Business of importing publications
1. The
importation of publications for business shall be implemented through bodies
having permit of publications importing business operation.
2. Before the
importation, the bodies that import publications for business must register
list of importing publications with the Ministry of Information and
Communications and must be certified in writing by such Ministry. Within 15
days, from the date of receipt of registering the list of importing
publications of the importer, the Ministry of Information and Communications
certifies in writing the registration of the list of importing publications.
The Ministry
of Information and Communications specifies the Form of registering the list of
importing publications.
3. Importing
publications must comply with provision of Law on Publishing and other
provisions of relative law. In case of detecting publications having signs of Vietnam law violations, the Ministry of Information and Communications has requirement for
appraisal of such publications’ contents before the certification of import
registration for the publications.
4. Heads of
publications importing bodies for business must organize to appraise contents
of importing publication before issuing and take responsibility before the law
on contents of importing publications.”
7.
Article 43 is amended, supplemented as follows:
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1.
Publications issuing bodies having legal entities status of Vietnam, of foreign countries are entitled to cooperate for business or joint venture to issue
publications in Vietnam according to provisions of Vietnam law and in
compliance with international agreements which the Socialist Republic of
Vietnam is a member.
2. Foreign
organizations are permitted to establish representative offices in Vietnam to introduce its organization and products; expedite transactions on issuing publications
according to provisions of Vietnam law and must be granted permit by the
Ministry of Information and Communications.
3. Dossier
requesting for permit includes:
a)
Application for permit to operate must record purposes, duties and scope of
activities, head offices, name of the heads of representative offices and
commitment to comply with the regulations of Vietnam Law;
b) Documents
certifying the legal entities status of the organization requesting for
establishing representative offices issued by the agency or competent person of
the country or territory where the organization locates its headquartered.
4. Within
thirty days from the date of receiving valid dossiers, the Ministry of
Information and Communications must issue permit in case of refusal, the
Ministry must reply in writing and state clearly the reasons.”
8.
Article 44 is amended, supplemented as follows:
“Article 44.
Dealing with violations in sector of issuing publications
1.
Organizations and individuals having the following acts, depending on the
nature and seriousness of the violation, a warning or a fine shall be issued,
suspension of issue, termination of issuing publications shall be made and may
be subject to measures of withdrawal, confiscation, banning from circulation,
destruction of violating publications, suspension of publications importing
activities, stripping of the right to use permit for activities of publications
import; in case of causing damages, it must pay compensation according to law:
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b) Issuing
publications without lawful invoice, vouchers;
c) Issuing
publications had decision to suspend printing, circulation ban, withdrawal,
confiscation and destruction;
d) Selling
publications which are of not for sale;
đ)
Consumption, unauthorized dissemination of publications printing for foreign
countries on Vietnam territory;
e) Importing
publications without registration of import list or improper performance with
the registered list;
g) Importing
publications with contents violating Article 3 and Article 10 of Publishing
law.
2.
Organizations and individuals committing acts of infringement of intellectual
property in the section of printing publications shall be handled in accordance
with the law on intellectual property.
3. Persons
who commit violations that such acts are sufficient elements of a crime shall
be prosecuted for penal liability according to penal law.
4. Where the
state agency decides to withdraw, confiscate, ban from circulation or destroy
violating publications, the publisher or the publications importing bodies
having such publications have to pay damages to the issuers; in case the
decision to withdraw, confiscate, ban from circulation and destroy false
publications causing damages, the state agencies that had wrong decision have
to compensate in accordance with the law to publishers or issuers, importing
bodies.”
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Article 3.
This Law takes effect on January 01, 2009.
This Law
is passed by the Legislature XII National Assembly of the Socialist Republic of Vietnam at its 3rd Session on June 03, 2008.
PRESIDENT
OF THE NATIONAL ASSEMBLY
Nguyen Phu Trong