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THE NATIONAL ASSEMBLY
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SOCIALIST REPUBLIC OF VIET NAM
Independence Freedom Happiness
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No. 30/2004/QH11
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Hanoi, December 03rd,
2004
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LAW
ON PUBLISHING
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam
as amended by Resolution 51-2001-QH10 passed by Legislature X of the National
Assembly at its 10th Session on 25 December 2001;
This Law regulates publishing.
Chapter I
GENERAL PROVISIONS
Article 1. Governing scope
This Law regulates the organization of publishing and publishing
activities; and the rights and obligations of bodies, organizations and
individuals participating in publishing activities.
Publishing activities include the sectors of publishing, printing of
publications and distribution of publications.
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This Law shall apply to Government bodies, political organizations, socio-
political organizations, socio-politico-professional organizations, social
organizations, socio-professional organizations, economic organizations,
professional entities, units of the people's armed forces and Vietnamese
citizens (hereinafter together referred to as bodies, organizations and
individuals); and to international organizations and foreign organizations
operating in the territory of Vietnam and to foreign individuals residing in
Vietnam. If an international treaty which the Socialist Republic of Vietnam has
signed or acceded to contains different provisions, the provisions of such
international treaty shall prevail.
Article 3. Status and objectives of publishing
activities
Publishing activities belong to the cultural and ideological sector by way
of the production and distribution of publications amongst the people aimed at
introducing ideas from all sectors of social life, ethnic cultural values and
the essential culture of mankind, satisfying the spiritual needs of the people
and raising their intellectual standards, creating good and ethical standards
for the Vietnamese people, expanding cultural exchange with other countries,
contributing to socio-economic development, fighting ideology and conduct which
are harmful to the national interest, and contributing to the building and
protection of the Socialist Republic of Vietnam.
Article 4. Publications
Publications means works and data about politics, economics, culture,
society, education and training, science and technology, literature and art
which are published in the Vietnamese language, in languages of ethnic
minorities or in foreign languages, and which may also be expressed in the
forms of images and music on different materials and facilities.
Data as regulated in this Law shall comprise propaganda, campaign
material, study guides, operating instructions, resolutions of the Party and
laws of the State; technical guidelines for manufacturing; material fighting
against natural disasters and epidemics; and seminar bulletins.
Article 5. Assurance of right to distribute works
and right to protection of copyright
1. The State shall assure the right to distribute works in the form of
publications by publishing houses and shall assure protection of copyright.
2. The State shall not censor works prior to their publication.
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Article 6. Policy on development of publishing
profession
1. It is the policy of the State to encourage and facilitate the
development of the publishing industry into a multi-faceted eco-technical
industry.
2. It is the policy of the State to place orders for publications on
theoretical and political subjects; publications for young persons, infants,
ethnic minority groups, and the blind; publications which require wide
distribution for important political and social purposes and in order to
provide information about external relations; and it is the policy of the State
to provide financial assistance for the costs of delivery of publications to
areas with difficult and specially difficult socio-economic conditions,
publications which provide information about external relations, and
publications servicing compatriots in mountainous and sea island areas.
3. The State shall purchase manuscripts of valuable works when it is not
yet appropriate to publish them or for which readership is limited; and shall
provide financial assistance to purchase copyright in domestic and foreign
works with value in servicing economic, cultural and social development.
The Government shall provide specific regulations on implementation of the
policies stipulated in this article.
Article 7. State administrative body for
publishing activities
1. The Government shall exercise uniform State administration of
publishing activities throughout the whole country.
2. The Ministry of Culture and Information shall be responsible to assist
the Government to exercise uniform State administration of publishing
activities.
Ministries and ministerial equivalent bodies shall, in accordance with the
authority delegated to them, co-ordinate with the Ministry of Culture and
Information in the exercise of State administration of publishing activities.
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(hereinafter referred to as provincial people's committees) shall, in
accordance with the authority delegated to them by the Government, exercise
State administration of publishing activities within their respective
localities.
Article 8 Contents of State administration of publishing
activities
1. Formulation of strategies, master planning and specific plans for
development of the publishing profession; promulgation of legal instruments and
policies on publishing activities.
2. Administration of the work of scientific research and application of
technology in publishing activities; training and fostering professional
experts in publishing activities.
3. Administration of international co-operation in publishing activities.
4. Organization of the reading of copies of publications submitted for
copyright registration.
5. Conduct of checks and inspections and resolution of complaints and
denunciations about breaches of law during publishing activities.
6. Conduct of the work of providing commendations or of imposing
disciplinary penalties for publishing activities; selecting persons worthy
of awards and conferring such awards for publications with a high value.
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1. Bodies, organizations and individuals shall have the right to lodge
complaints about any decision or conduct contrary to law; and individuals shall
have the right to lodge denunciations about any conduct contrary to law in
publishing activities. Bodies, organizations and individuals shall be
responsible before the law for their complaints and denunciations.
2. Bodies, organizations and individuals shall have the right to require a
publishing house, a body or organization which is authorized to publish, or an
author to publish a correction in the press or to pay compensation for loss and
damage, to institute civil proceedings, or to request the competent State body
to institute a prosecution when a publication contains errors about, slanders,
or offends the honour and dignity of any such body, organization or individual
or causes loss and damage to the legal rights and interests of such body,
organization or individual.
Article 10. Conduct which is prohibited during
publishing activities
1. Propaganda against the Socialist Republic of Vietnam; destruction of
the unity of all citizens.
2. Propaganda about or incitement towards war and aggression, causing
rancour between the citizens and those of other countries; incitement towards
violence; spread of reactionary ideology, depraved life styles, cruel acts,
social evils and superstition, or destruction of good morals and customs.
3. Disclosure of secrets of the Party, State, military, defence, economics
or external relations; disclosure of secrets from the private lives of
individuals, and of other secrets as stipulated by law.
4. Distortion of historical facts; opposing the achievements of the
revolution; offending citizens, great persons and heroes; slandering or harming
the reputation of bodies and organizations or offending the honour and dignity
of individuals.
Chapter II
PUBLISHING SECTOR
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Government bodies, political organizations, socio-political organizations
and other organizations as stipulated by the Government shall be permitted to
establish a publishing house.
Publishing houses shall be organized and operate in the form of a business
enterprise subject to conditions or in the form of a revenue-earning
professional entity.
Article 12. Conditions for establishment of
publishing houses
To establish a publishing house, the following conditions must be
satisfied:
1. The policy and objectives and the entities serviced must be consistent
with the functions and duties of the managing body;
2. The heads of the publishing house must satisfy the standards stipulated
in article 14.1 and the editorial staff must satisfy the standards stipulated
in article 15.1 of this Law;
3. At least one of the persons occupying the position of head of the
publishing house must have operated in the publishing sector for at least three
years;
4. There must be operational headquarters, capital and the other necessary
conditions required by law;
5. Compliance with the master plan for development of the publishing
profession on a national basis and with master plans for each industry and each
locality.
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Managing body of a publishing house means the body or organization which
gives its name to the application for permission to establish a publishing
house.
A managing body shall have the following duties and powers:
1. To determine the policy, objectives and operational direction of the
publishing house and to direct implementation thereof; to approve publishing
plans of the publishing house;
2. To issue initial capital and to ensure other necessary conditions are
satisfied in order for the publishing house to operate;
3. To appoint, remove and dismiss the director and editor-in-chief of the
publishing house after receiving written approval from the Ministry of Culture
and Information;
4. To check and inspect the activities of the publishing house in
accordance with its authority;
5. To bear responsibility for breaches of the law by the publishing house
during the conduct of publishing activities within the scope of its duties and
powers.
Article 14. Standards, duties and powers of
directors and editors-in-chief of publishing houses
1. The director and editor-in-chief of a publishing house must be
Vietnamese citizens, with registration of their permanent residential address
in Vietnam; they must have university qualifications, management
qualifications, professional expertise in publishing, and good political and
ethical standards.
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(a) To ensure correct implementation of the policy and objectives of the
publishing house;
(b) To build the operational apparatus and staff of the publishing house;
(c) To formulate and arrange implementation of the publishing plans;
(d) To sign a publishing decision for each manuscript on the basis of the
registered publishing plan;
(dd) To sign approval of proofs prior to sending for printing and to sign
approval of publications prior to distribution;
(e) To determine and adjust retail sale prices of publications, including
joint publications, in accordance with law;
(g) To manage the assets and material facilities of the publishing house;
(h) To bear responsibility before the managing body and before the law for
the publications and all activities of the publishing house.
3. The editor-in-chief of a publishing house shall have the following
duties and powers:
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(b) To arrange preparation of manuscripts;
(c) To organize the editing of manuscripts;
(d) To read and approve manuscripts prior to submitting them to the
director of the publishing house and to bear joint responsibility before the
law for the contents of publications of the publishing house.
Article 15. Standards, duties and powers of
editorial staff of publishing houses
1. The editorial staff of a publishing house must be Vietnamese citizens,
with registration of their permanent residential address in Vietnam; they must
have university qualifications, professional expertise in publishing, and good
political and ethical standards.
2. The editorial staff of a publishing house shall have the following
duties and powers:
(a) To give their names to publications in accordance with article 26 of
this Law;
(b) When editing, to reject any works with contents indicating a breach of
article 10 of this Law and to report same to the director and editor-in-chief
of the publishing house;
(c) To bear responsibility before the director of the publishing house and
before the law for the contents of publications which they edit.
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1. Prior to establishment of a publishing house, the managing body must
submit an application file for issuance of a licence to the Ministry of Culture
and Information. The file shall comprise:
(a) Application for issuance of a licence, specifying the name, the policy
and objectives, the entities to be serviced, the director and editor-in-chief,
and the head office and capital of the publishing house;
(b) Summarized curriculum vitae of the director, editor-in-chief and
editorial staff of the publishing house.
2. Within a time-limit of thirty (30) days from the date of receipt of a
valid and complete file, the Ministry of Culture and Information shall issue a
licence, or shall provide a written explanation for refusal in the case of
refusal to issue a licence.
3. After a licence for establishment of a publishing house has been issued
to a managing body, the managing body shall issue a decision on establishment
of the publishing house and shall complete other necessary procedures as
required by law.
Article 17. Change of managing body or name of
managing body; change of name, policy, objectives, entities to be serviced, or
head office of a publishing house
1. If there is a change of managing body or of the policy or objectives of
a publishing house, the new managing body must conduct the procedures for
application for issuance of a licence for establishment of a publishing house
stipulated in article 16 of this Law.
2. If there is a change of name of the managing body or of the publishing
house or a change of entities serviced by the publishing house, the managing
body must submit a written request for amendment of its licence to the Ministry
of Culture and Information.
3. If there is a change of head office of a publishing house, the
publishing house must provide written notification thereof to the State
administrative body for publishing activities within three days at the latest
after the date of relocation to the new head office.
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Publishing houses shall register annually their publishing plans with the
Ministry of Culture and Information prior to conducting any publishing
activities.
Article 19. Copyright in publishing sector
The publication of works and the re-publishing of publications shall only
be implemented after there is a contract with the author or owner of the work
in accordance with law.
Article 20. Associations in publishing sector
1. Publishing houses shall be permitted to associate with authors and
owners of works, with individuals with a business registration certificate for
printing or distribution of publications, and with organizations with legal
entity status in order to arrange the preparation of manuscripts and the
printing and distribution of each publication.
2. The director of a publishing house shall arrange the editing and
completion of a manuscript and shall sign his or her approval of the proof
prior to sending it for printing and shall sign his or her approval of a joint
publication prior to its distribution.
3. If any organization or individual associates with a publishing house as
stipulated in clause 1 of this article, the name of such organization or
individual shall appear in the publication and such organization or individual
shall bear joint responsibility before the law for the joint publication.
Article 21. Works the contents of which must be
evaluated prior to re- publication
If the contents of the following works bear indications of a breach of
article 10 of this Law, the publishing house must evaluate such works prior to
registration of its publishing plan:
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2. Works published from 1954 to 30 April 1975 in Southern Vietnam without
permission from the Provisional Revolutionary Government of the Republic of
South Vietnam;
3. Works published abroad.
Article 22. Publication of non-business data of
Vietnamese bodies and organizations
1. To publish non-business data of Vietnamese bodies and organizations
other than by way of a publishing house, the State administrative body for
publishing activities must issue a permit in accordance with the following
provisions:
(a) The Ministry of Culture and Information shall issue permits to central
bodies and organizations;
(b) Provincial people's committees shall issue permits to local bodies and
organizations; and to branches, representative offices and subsidiaries
situated in their respective localities of central bodies and organizations.
2. An application file for issuance of a permit shall comprise:
(a) Application for a publishing permit, specifying the name of the applicant
body or organization, name of the data, number of copies to be printed, the
graphics, the number of pages, a summary of the contents, the subjects and
scope of distribution, and an undertaking to implement correctly the provisions
stipulated in the permit;
(b) Two copies of the manuscript; if the manuscript is in a foreign
language or in the language of an ethnic minority group, there must also be a
translation into Vietnamese.
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Article 23. Publication of works and data of
foreign organizations and individuals and of international organizations in
Vietnam
1. Publication of works of foreign organizations and foreign individuals
and of international organizations for the purpose of conducting business in
Vietnam must be implemented by a Vietnamese publishing house with the
appropriate function.
2. Publication of non-business data of foreign organizations and of
international organizations in Vietnam which is not implemented by a Vietnamese
publishing house shall be subject to a permit from the Ministry of Culture and
Information.
The provisions in article 22.2 of this Law shall apply to an application
file for issuance of a permit; in the case of an application to publish by a
branch or representative office of a foreign organization or international
organization, the application shall include a notarized copy of the licence for
establishment of the branch or representative office issued by the competent
State body.
3. Within a time-limit of ten (10) days from the date of receipt of a
valid and complete file, the Ministry of Culture and Information shall issue a
permit, or shall provide a written explanation for refusal in a case of refusal
to issue a permit.
Article 24. Establishment of representative offices
of foreign publishing houses in Vietnam
1. The establishment of a representative office of a foreign publishing
house in Vietnam shall be implemented in accordance with the laws of Vietnam
and shall be subject to a licence from the Ministry of Culture and Information.
2. An application file for issuance of a licence shall comprise:
(a) Application for establishment of a representative office, specifying
the objectives, duties, scope of operation, the address of head office in
Vietnam, the name of the person who will be the head of the representative
office, and an undertaking to implement correctly the laws of Vietnam;
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3. Within a time-limit of thirty (30) days from the date of receipt of a
valid and complete file, the Ministry of Culture and Information shall issue a
licence, or shall provide a written explanation for refusal in the case of
refusal to issue a licence.
4. A representative office of a foreign publishing house in Vietnam shall
be permitted to introduce the publishing house and its products and to expedite
transactions relating to copyright and publications in accordance with the laws
of Vietnam.
Article 25. Publishing on computer information
network (Internet)
1. Publishing on the computer information network must be implemented by a
publishing house and must comply with the provisions of this Law.
Publications which are being circulated legally shall be permitted to be
placed on the computer information network.
2. Placing publications on the computer information network shall be
implemented in accordance with regulations of the Government.
Article 26. Information appearing in publications
1. In the case of books and data in book form, the recording of
information in such books shall be implemented in accordance with the following
provisions:
(a) On the front cover, there shall be recorded the name of the book; the
name of the author; the name of the publishing house or of the body or
organization with the publishing permit; and the number of the series;
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(c) In the case of a translated book, on the reverse side of the title
page, there shall be recorded in full the name of the original book, the author
and the foreign publishing house and the year of publication; if the book is a
translation from a language other than the language of the original book, the
former language must be recorded together with the name of the person who made
the translation from such former language;
(d) On the last page of the book, there shall be recorded the names of the
person responsible for publishing, the person who edited the contents, the
person who designed the cover, the illustrator, and the graphic designer; the
registration number of the publishing plan; the number of the publishing
decision of the director of the publishing house or the number of the
publishing permit issued by the State administrative body for publishing
activities; the number of copies printed; the name of the printers; and the
date of submission of a copy of the publication for copyright registration;
(dd) On the back cover of the book, there shall be recorded the retail
sale price; if an order was placed for the book, this fact must be recorded; in
the case of a non-business book, it must be recorded that the book is
not-for-sale; and in the case of a joint book, the names and addresses of the
parties involved in the joint publishing, printing or distribution must be
recorded.
2. In the case of publications which are not books or data in book form,
there must be recorded the name of the publication; the name of the publishing
house or of the body or organization with the publishing permit; the number of
copies printed and the name of the printers; the number of the publishing
decision of the director of the publishing house or the number of the
publishing permit issued by the State administrative body for publishing
activities; and the retail sale price; if an order was placed for the
publication, this fact must be recorded; in the case of a non-business
publication, it must be recorded that the publication is not-for-sale; and in
the case of a joint publication, the names and addresses of the parties
involved in the joint publishing, printing or distribution must be recorded.
Article 27. Submission of copy of publication for
copyright registration and submission of copy of publication to National
Library of Vietnam
1. A copy of each and every publication must be submitted for copyright
registration prior to distribution of the publication in accordance with the
following provisions:
(a) At least ten (10) days prior to distribution, the publishing house or
the body or organization with the publishing permit shall submit three copies
with the Ministry of Culture and Information, or two copies if less than three
hundred copies of the publication have been printed;
(b) In the case where a provincial people's committee issued the permit to
publish data to a body or organization, in addition to the number of copies
which must be submitted pursuant to sub-clause (a) of this clause, two copies
must also be submitted to the provincial people's committee.
2. After a publication has been distributed, the publishing house or the
body or organization with the publishing permit shall submit five copies to the
National Library of Vietnam, or two copies if less than three hundred copies of
the publication have been printed.
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1. The Ministry of Culture and Information shall arrange for the reading
of submitted copies of publications; and provincial people's committees shall
arrange for the reading of submitted copies of publications for which such
provincial people's committee issued the publishing permit.
If it is discovered that a publication breaches the provisions of this
Law, the Ministry of Culture and Information or the provincial people's
committee shall send a written notice requiring the publishing house or the
body or organization with the publishing permit to arrange evaluation of the
contents and shall apply measures for dealing with the breach in accordance
with law.
2. The Ministry of Culture and Information shall preside over
co-ordination with the Ministry of Finance to issue regulations on remuneration
for readers of submitted copies of publications.
Article 29. Advertising in publications
1. In the case of books, there may only be advertisements of the author,
the work and the publishing house on the reverse side of the front cover and on
both sides of the back cover, except for specialized books on advertising.
2. In the case of non-business data, there may only be advertisements of
the products, services and operations of the body or organization publishing
such data.
3. Advertising of goods and services which the law prohibits to be
advertised shall not be permitted.
Article 30. Dealing with breaches in publishing
sector
1. Any publishing house or any body or organization with a publishing
permit which has a publication which breaches articles 10, 18, 19, 20, 21, 22,
23, 25, 26, 27 or 29 of this Law shall, depending on the nature and seriousness
of the breach, be subject to the following: compulsory amendment of the
publication prior to it being published; temporary suspension of distribution
of the publication; retrieval, confiscation, prohibition from circulation or
destruction of the publication; and if loss and damage is caused to another
body, organization or individual, the offender must make a public apology or
print a correction in the press and must pay compensation in accordance with
law.
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3. The State administrative body for publishing activities shall be
responsible for its decisions dealing with breaches.
Chapter III
PRINTING OF PUBLICATIONS SECTOR
Article 31. Issuance of licence for activities of
printing publications
1. For issuance of a licence for activities of printing publications, the
following conditions must be satisfied:
(a) The director or owner of the printing establishment must be a
Vietnamese citizen, with registration of his or her permanent residential address
in Vietnam; he or she must have professional expertise in printing, and he or
she must satisfy other conditions stipulated by law;
(b) There must be a production establishment and facilities for printing
publications;
(c) The conditions on security and order must be satisfied;
(d) There must be compliance with the master planning for development of
printing of publications.
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(a) Application for a licence, specifying the name and address of the
printing establishment, its objectives and main products;
(b) Data proving that there is a production establishment; a list of the
main facilities; and a summarized curriculum vitae of the director or owner of
the printing establishment;
(c) Notarized copy of the business registration certificate of the
printing establishment;
(d) Undertaking to implement correctly the conditions on security and
order.
3. Authority to issue a licence shall be provided for as follows:
(a) The Ministry of Culture and Information shall issue licences for
printing establishments of central bodies and organizations;
(b) Provincial people's committees shall issue licences for local printing
establishments.
4. Within a time-limit of ten (10) days from the date of receipt of a
valid and complete file, the State administrative body for publishing
activities as stipulated in clause 3 of this article shall issue a licence for
activities of printing publications, or shall provide a written explanation for
refusal in the case of refusal to issue a licence.
Article 32. Conditions for receipt of orders for
printing publications
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(a) In the case of publications of a publishing house, there must be a
publishing decision signed by the director of the publishing house;
(b) In the case of non-business data of Vietnamese bodies and
organizations which is not published by a publishing house, there must be a
publishing permit issued by the State administrative body for publishing
activities;
(c) In the case of non-business data of foreign organizations and of
international organizations in Vietnam which is not published by a Vietnamese
publishing house, there must be a publishing permit issued by the Ministry of
Culture and Information;
(d) In the case of publications printed for overseas parties at the
printing establishment of a central body or organization, there must be a
printing permit issued by the Ministry of Culture and Information; and in the
case of publications printed for overseas parties at a local printing
establishment, there must be a printing permit issued by the provincial
people's committee.
2. The printing of publications shall be implemented by way of a contract.
The activity of both printing and publishing a publication must be approved by
the publishing house and shall be implemented by way of a contract.
Article 33 . Activities of establishments
printing publications
1. Printing establishments shall only be entitled to print publications
after they have been issued with a licence for the activity of printing
publications.
2. Printing establishments shall only be permitted to take orders for
printing publications in accordance with the provisions of article 32 of this
Law.
3. When a printing establishment changes its name or address, changes the
owner of the establishment, or when it demerges or merges, it shall conduct
procedures for amendment of its licence for the activity of printing
publications.
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Article 34. Printing publications for overseas
parties
1. Establishments which print publications shall be permitted to print
publications for overseas parties, subject to issuance of a permit by the
Ministry of Culture and Information or by a provincial people's committee.
An application file for issuance of a permit shall comprise:
(a) Application for issuance of a permit, specifying the name and
nationality of the representative of the foreign organization or foreign
individual placing the order for printing, the name of the publication, the
number of copies to be printed, and the export bordergate;
(b) Two copies of the publication required to be printed;
(c) Notarized copy of the licence for the activity of printing
publications.
2. Within a time-limit of ten (10) days from the date of receipt of a
valid and complete file, the Ministry of Culture and Information or a
provincial people's committee shall issue a permit, or shall provide a written
explanation for refusal in the case of refusal to issue a permit.
Article 35. Discovery of a publication in breach
during printing
1. If a printing establishment discovers that a publication has contents
which breach article 10 of this Law, the printing establishment must
immediately report to the State administrative body for publishing activities
and, at the same time, notify the publishing house and the body, organization
or individual having placed the order.
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Article 36. Dealing with breaches in printing
sector
Any printing establishment which commits or any organization or individual
participating in the sector of printing of publications and committing any of
the following acts shall, depending on the nature and seriousness of the
breach, be subject to suspension of printing of the publication that is
currently being printed; temporary suspension of its activity of printing
publications; revocation of its licence for the activity of printing
publications, or criminal prosecution; and if loss and damage is caused, it
must pay compensation in accordance with law:
1. Printing of a publication without a licence for the activity of
printing publications;
2. Printing of a publication without a publishing decision of a publishing
house or without a publishing permit;
3. Printing of a publication for overseas parties without a printing
permit;
4. Printing of a publication which is subject to a decision on suspension
of printing; or which is subject to a decision on retrieval, confiscation,
prohibition from circulation or destruction of the publication;
5. Printing of a publication which is different from the proof for which
the publishing house or body or organization authorized to publish the
publication signed approval or for which there is no printing contract; or
printing a number of copies in excess of the number stipulated in the contract.
Chapter IV
DISTRIBUTION OF PUBLICATIONS SECTOR
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1. Distribution of publications shall include the activities of purchase,
sale, dissemination, leasing out, exhibiting at fairs and exhibitions, export
and import of publications and placing publications on the computer information
network (Internet) in order to distribute them to multiple persons.
2. Publications distribution establishment means an establishment
belonging to an organization or individual conducting business in publications.
A publishing house shall be permitted to establish a publications
distribution establishment.
3. An establishment conducting the business of importing publications
(hereinafter referred to as a publications importing establishment) must have a
licence for the activity of importing publications issued by the Ministry of
Culture and Information.
Article 38. Issuance of licence to conduct
business of importing publications
1. For issuance of a licence to conduct the business of importing
publications to a publications distribution establishment, the following
conditions must be satisfied:
(a) It must be a State owned enterprise;
(b) It must have staff with professional qualifications in foreign
languages and professional expertise in importing.
2. An application file for issuance of a licence shall comprise:
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(b) Letter of request from the managing body.
3. Within a time-limit of ten (10) days from the date of receipt of a
valid and complete file, the Ministry of Culture and Information shall issue a
licence, or shall provide a written explanation for refusal in the case of
refusal to issue a licence.
Article 39. Business of importing publications
1. The importation of publications shall be implemented through
publications importing establishments.
2. Publications importing establishments shall, prior to conducting any
importation, register annually a list of publications to be imported with the
Ministry of Culture and Information.
3. The director of a publications importing establishment must organize a
check of the contents of an imported publication prior to its distribution and
shall be responsible before the law for the contents of publications which the
establishment has imported.
Article 40. Importation of non-business
publications
The Government shall provide regulations on the importation of
non-business publications by the following entities currently operating in
Vietnam: Vietnamese bodies, organizations and individuals; foreign
organizations and foreign individuals; international organizations; and Vietnamese
residing overseas.
Article 41. Exportation of publications
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Article 42. Holding exhibitions or fairs of
publications
1. Prior to a Vietnamese body, organization or individual, a foreign
organization or individual, or an international organization holding an
exhibition or fair of publications in Vietnam, the State administrative body
for publishing activities must issue a permit in accordance with the following
provisions:
(a) The Ministry of Culture and Information shall issue permits to central
bodies and organizations, to foreign organizations and individuals, and to
international organizations;
(b) Provincial people's committees shall issue permits to local bodies and
organizations; and to branches, representative offices and subsidiaries
situated in their respective localities of central bodies and organizations.
2. An application file for issuance of a permit shall comprise:
(a) Application for issuance of a permit, specifying the objectives, dates
and duration, location of and names of the entities participating in the
exhibition or fair;
(b) List of publications to be displayed at the exhibition or fair.
3. Within a time-limit of ten (10) days from the date of receipt of a
valid and complete file, the State administrative body for publishing
activities as stipulated in clause 1 of this article shall issue a permit, or
shall provide a written explanation for refusal in the case of refusal to issue
a permit.
4. If any body, organization or individual holds an exhibition or fair
without a permit, or fails to implement correctly the provisions in an issued
permit, the exhibition or fair shall be suspended or the permit shall be
revoked.
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1. Any publications distribution establishment with legal entity status
shall be permitted to co-operate with a foreign organization or foreign
individual in the form of a business co-operation contract or a joint venture
in order to conduct business in publications in accordance with law.
2. The opening by a foreign organization of a representative office in
Vietnam in the sector of distribution of publications must be implemented in
accordance with the law of Vietnam and shall be subject to issuance of a
licence by the Ministry of Culture and Information in accordance with the
following provisions:
(a) An application file for issuance of a licence shall comprise an
application for an operational licence, specifying the objectives, duties,
scope of operation, head office, name of the person heading the representative
office, and an undertaking to implement correctly the law of Vietnam; and
certification issued by the competent State body of the foreign country of
legal entity status of the organization applying to open the representative
office;
(b) Within a time-limit of ten (10) days from the date of receipt of a
valid and complete file, the Ministry of Culture and Information shall issue a
licence, or shall provide a written explanation for refusal in the case of
refusal to issue a licence.
3. The representative office in Vietnam of a foreign organization in the
sector of distribution of publications shall be permitted to introduce the
organization and its products and to expedite transactions relating to
distribution of publications in accordance with the law of Vietnam.
Article 44. Dealing with breaches in sector of
distribution of publications
1. If a publications distribution establishment discovers that the
contents of a publication breach the provisions of article 10 of this Law, such
establishment must report to the State administrative body for publishing
activities.
2. Any publications distribution establishment which commits or any
organization or individual participating in the sector of distribution of
publications and committing any of the following acts shall, depending on the
nature and seriousness of the breach, be subject to temporary suspension of
distribution; or suspension of distribution; or retrieval, confiscation,
prohibition from circulation or destruction of the offending publication; or
temporary suspension of the activity of importing by the offender; or revocation
of its licence for the activity of importing; or criminal prosecution; and if
loss and damage is caused, it must pay compensation in accordance with law:
(a) Distribution of a publication when publishing, printing or importation
of such publication is illegal;
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(c) Sale of a publication in the non-business category;
(d) Sale or distribution in the territory of Vietnam of a publication
which was printed for an overseas party;
(dd) Importation of a publication without registration of an import list
or importation of a publication without correct implementation of the
registered import list.
3. In the case where the State administrative body for publishing
activities issues a decision on temporary suspension of distribution; or
suspension of distribution; or retrieval or confiscation of an offending
publication, the publishing house or the establishment which imported the
offending publication must pay compensation for loss to the distributing
establishment; and if the decision was incorrect, the State administrative body
for publishing activities must pay compensation for loss to the publishing
house or to the establishment which imported the publication.
Chapter V
IMPLEMENTING PROVISIONS
Article 45. Effectiveness
1. This Law shall be of full force and effect as of 1 July 2005.
2. This Law shall replace the Law on Publication dated 7 July 1993.
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The Government shall provide detailed regulations and guidelines for
implementation of this Law.
This Law was passed by Legislature XI of the National Assembly of the
Socialist Republic of Vietnam at its 6th Session on 3 December 2004.
THE CHAIRMAN OF THE NATIONAL ASSEMBLY
Nguyen Van An