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THE GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 195/2013/ND-CP
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Hanoi, November
21, 2013
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DECREE
DETAILING
A NUMBER OF ARTICLES OF, AND MEASURES FOR IMPLEMENTING, THE PUBLICATION LAW
(*)
Pursuant to the December 25, 2001 Law on
Organization of the Government;
Pursuant to the November 20, 2012 Publication
Law;
At the proposal of the Minister of Information
and Communications,
The Government promulgates the Decree detailing
a number of articles of, and measures for implementing, the Publication Law.
Chapter
I
GENERAL
PROVISIONS
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1. This Decree details a
number of articles of, and measures for implementing, the Publication Law
regarding the responsibilities to perform the state management of, and to
implement state policies on, publication activities; organization of and
operation in the publishing, printing and distribution of publications and
publishing and distribution of e-publications.
2. This Decree applies to
domestic agencies, organizations and individuals, foreign organizations
operating in the Vietnamese territory and foreign residents in Vietnam that are
involved in publication activities.
Article
2. Tasks and
powers of the Ministry of Information and Communications in performing the
state management of publication activities
1. To assume the prime responsibility for, and
coordinate with others in, formulating and promulgating according to its
competence, or submitting to competent agencies for promulgation, legal
documents, strategies, master plans, plans and state policies on publication
activities, copyright and related rights in publication activities, and
measures for preventing and combating illegal printing, printing of fake books,
or printing in excess of registered quantities of publications.
2. To conduct scientific research and technological
application in publication activities; to provide professional and skills
training and retraining in publication activities.
3. To manage and organize international cooperation
in publication activities.
4. To assume the prime responsibility for, and coordinate
with related agencies in, specifying, or proposing competent agencies to
specify, the policies prescribed at Points b and c, Clause 2; Points b and c,
Clause 4; and Point b, Clause 5, Article 7 of the Publication Law.
4. To grant, renew, re-grant, extend and revoke
licenses, certificates, practice certificates and registration certifications
used in publication activities in accordance with the Publication Law and this
Decree.
5. To receive, manage, read and examine deposited
publications and handle violating publications in accordance with the
Publication Law, this Decree and other relevant laws.
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7. To implement emulation and commendation work in
publication activities; to select and award national prizes for publications of
high value.
8. To request organizations and individuals to
suspend the publishing, printing or distribution of publications in accordance
with law when detecting signs of violation.
9. To examine, inspect, settle complaints and
denunciations and handle law violations in publication activities according to
its competence.
Article 3. Responsibilities of ministries and ministerial-level
agencies in performing the state management of publication activities
1. The Ministry of Public Security shall assume the
prime responsibility for, and coordinate with the Ministry of Information and
Communications in, providing according to its competence, or proposing competent
agencies to provide and guide, the implementation of measures to ensure
security and order and prevent and combat crimes in publication activities.
2. The Ministry of Industry and Trade shall assume
the prime responsibility for, and coordinate with the Ministry of Information
and Communications in, providing according to its competence, or proposing
competent agencies to provide and guide, market management work in publication
activities.
3. The Ministry of Natural Resources and
Environment shall assume the prime responsibility for, and coordinate with the
Ministry of Information and Communications in, detailing according to its
competence, or proposing competent agencies to detail, the environmental
sanitation conditions prescribed at Point c, Clause 1; and Point e, Clause 2,
Article 32 of the Publication Law.
4. The Ministry of Planning and Investment shall
assume the prime responsibility for, and coordinate with the Ministry of
Information and Communications, the Ministry of Finance and related agencies
in, specifying, or proposing competent agencies to specify, the policies
prescribed at Point a, Clause 2; Point a, Clause 3; and Point a, Clause 5,
Article 7 of the Publication Law.
5. The Ministry of Finance shall assume the prime
responsibility for, and coordinate with the Ministry of Information and
Communications and related agencies in, providing according to their
competence, or proposing competent agencies to provide, charges, fees,
preferential policies on loan interests, taxes and other amounts payable to the
state budget, and allocation of funds in accordance with law for implementation
of the policies prescribed in Articles 7, 25, 39 and 41 of the Publication Law.
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Article 4. Tasks and powers of provincial-level People’s Committees in
performing the state management of publication activities
1. To promulgate according to their competence
master plans and plans on development of publication activities in their
localities; to promulgate, and guide the implementation of, the State’s laws
and policies on publication activities in their localities.
2. To grant, re-grant, renew and revoke licenses
and registration certifications in accordance with the Publication Law and this
Decree.
3. To receive, manage, read and examine deposited
publications and handle violating publications in accordance with the
Publishing Law, this Decree and other relevant laws with regard to publications
for which they have granted publication permits.
4. To implement the information, reporting and statistical
regimes and emulation and commendation work in publication activities in
accordance with law.
5. To examine, inspect, settle complaints and
denunciations and handle law violations in publication activities according to
their competence.
Article 5. Information and reporting regimes in publication activities
1. Agencies managing publishing houses and
organizations and individuals involved in publishing, printing or distribution
of publications shall make periodical and irregular reports according to
regulations.
2. Provincial-level People’s Committees shall make
periodical and irregular reports on publication activities and the state
management of publication activities in their localities to the Ministry of
Information and Communications.
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4. The Minister of Information and Communications
shall specify in detail the order, procedures and methods for reporting and
forms of reports on publication activities.
Article 6. Conditions for establishment and contents of operation of
Vietnam-based representative offices of foreign publishing houses and foreign
publication distribution organizations
1. Conditions for establishment:
a/ The publishing house or publication distribution
organization is operating lawfully in a foreign country;
b/ The person expected to be appointed as head of
the representative office permanently resides in Vietnam, has full civil act
capacity in accordance with law, possesses a university or higher degree and is
neither being examined for penal liability nor serving a legally effective
court judgment;
c/ Having a location for establishing the
representative office.
2. Operation contents:
A representative office must fully observe the
Publication Law, this Decree and other regulations of Vietnam on representative
offices and may conduct the following activities:
a/ Introducing, displaying, organizing exhibitions
on, advertising, or otherwise disseminating information in accordance with
Vietnamese law about, the organization and publications of the publishing house
or publication distribution organization it represents;
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Article 7. Grant, re-grant and extension of licenses for establishment
of Vietnam- based representative offices of foreign publishing houses and
foreign publication distribution organizations
1. The grant of a representative office
establishment license is as follows:
a/ A dossier of application for a representative
office establishment license (in Vietnamese, enclosed with the notarized
English translation) addressed to the Ministry of Information and
Communications comprises: an application for the license; a written
certification of the lawful operation of the concerned publishing house or
publication distribution organization in the country where it is headquartered,
issued by a competent foreign authority; papers proving the availability of
office space for the reprehensive office or the office space lease contract for
the representative office; certified copies of the university or higher decree,
judicial report and civil status book of the head of the representative office
or papers proving that he/she is permitted to permanently reside in Vietnam,
issued by a competent Vietnamese agency;
b/ Within 30 days after receiving a complete
dossier, the Ministry of Information and Communications shall grant a
representative office establishment license; in case of refusal to grant a
license, it shall issue a reply clearly stating the reason.
A representative office establishment license is
valid for 5 years from the date of grant and may be extended with each
extension not exceeding 5 years.
2. The re-grant or extension of a representative
office establishment license is as follows:
a/ Within 5 days after its representative office
establishment license is lost or damaged, a foreign publishing house or
publication distribution organization shall submit a dossier of application for
re-grant of the license. A dossier addressed to the Ministry of Information and
Communications comprises an application for re-grant of the license and a copy
of the license (if available) or the damaged license;
b/ At least 30 days before its representative
office establishment license expires, a foreign publishing house or publication
distribution organization may apply for extension of the license. A dossier
addressed to the Ministry of Information and Communications comprises an
application for extension of the license and the granted license;
c/ Within 15 days after receiving a complete
dossier, the Ministry of Information and Communications shall re-grant or
extend the license; in case of refusal, it shall issue a written reply clearly
stating the reason.
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Chapter
II
PUBLISHING
Article 8. Conditions for establishment and assurance of operations of
publishing houses
1. In addition to the
conditions prescribed in Clauses 1, 2 and 4, Article 13 of the Publication Law,
a publishing house may be established when the following conditions are fully
met:
a/ Having a head office
of at least 200 square meters (m2) for use;
b/ Having at least VND 5
(five) billion for publication activities;
c/ Having sufficient
equipment for publication activities.
2. Managing agencies of publishing houses shall
maintain the conditions prescribed in Clause 1 of this Article throughout the
operation of their publishing houses.
3. A publishing house and its managing agency shall
arrange an annual fund of at least VND 5 (five) billion for the publishing
house to perform its publication tasks according to its operation guidelines
and objectives.
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1. The approval of the
appointment, dismissal or relief from duty of general directors (directors) and
editors-in-chief of publishing houses is as follows:
a/ Before appointing the
general director (director) or editor-in-chief of a publishing house, the
managing agency shall send a dossier to the Ministry of Information and
Communications. The dossier comprises: A written request for approval of the
appointment; the resume of the to-be-appointed person; and a certified copy of
the university or a higher degree of the person to be appointed as general
director (director) or a copy of the editing practice certificate of the person
to be appointed as editor-in-chief;
b/ Before dismissing or
relieving from duty the general director (director) or editor-in-chief of a
publishing house, the managing agency shall send to the Ministry of Information
and Communications a written request for approval of the dismissal or relief
from duty;
c/ Within 20 days after receiving
a complete dossier from the managing agency, the Ministry of Information and
Communications shall issue a written approval or disapproval of the
appointment, dismissal or relief from duty of the general director (director)
or editor- in-chief of the publishing house.
2. The Ministry of
Information and Communications shall request managing agencies of publishing
houses to consider dismissing or relieving from duty general directors
(directors) or editors-in-chief of publishing houses who commit serious
violations of the law on publication activities.
Article 10. Publication registration and certification of publication
registration
1. The publication registration by publishing
houses must comply with Clause 1, Article 22 of the Publishing Law, regardless
of quantity of works, documents and publications registered each time, and
publishing houses shall take responsibility before law for the contents of
publication registration.
2. A publication registration dossier
comprises:
a/ A written registration with a summary of subject
matters, topics and contents of each work or document registered for
publishing, publications registered for re-publishing and other information,
made according to the form provided by the Minister of Information and
Communications;
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3. Within 7 working days after receiving a complete
publication registration dossier from a publishing house, the Ministry of
Information and Communications shall certify the publication registration in
writing and grant publication registration certification numbers for each work,
document or publication registered for re-publishing, and international
standard book numbers (ISBNs); in case of refusal to certify publication
registration, it shall issue a written reply clearly stating the reason.
4. In the course of registration certification, the
Ministry of Information and Communications may request publishing houses to
seek appraisal for or give explanations about works or documents registered for
publishing or publications registered for republishing to serve the
publication registration.
5. The written publication registration
certification serves as a basis for a publishing house to issue publication
decisions for each work, document or to-be-re-published publication. The
deadline for issuing publication decisions is December 31 of the year of
registration certification; if failing to publish a work or document or
re-publish a publication, the publishing house shall report such to the
Ministry of Information and Communications before March 31 of the year
following the year of registration certification, and the granted publication
registration number and ISBN will be no longer valid.
6. The Minister of Information and Communications
shall specify the management, position and size of, technical requirements for,
and method of inscribing publication registration numbers and ISBNs, and the
method of conducting online publication registration.
7. The Ministry of Information and Communications
shall refuse to certify publication registration in the following cases:
a/ The publication registration contents do not
conform with the operation guidelines, objectives, functions and tasks of the
concerned publishing house;
b/ Works and documents registered for publishing
for publications registered for re-publishing are involved in disputes over
copyright and related rights;
c/ Works, documents and publications have been
previously rejected for publication registration, banned from circulation,
confiscated or destroyed by the Ministry of Information and Communications, or
have been withdrawn or destroyed by the publishing house;
d/ Works, documents or publications are to be
published or re-published under joint publication plans with a partner that has
been sanctioned for administrative violations in publication activities twice
(2) or more times within 12 months counting from the date of being sanctioned
for the first time, or a partner that does not satisfy the conditions
prescribed for joint publication or fails to observe requirements of state
management agencies of publication activities;
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e/ Other cases decided by the Ministry of
Information and Communications.
Article
11. Joint
publication activities
In addition to complying with Article 23 of the Publication
Law, publishing houses and their partners must meet the following requirements:
1. For publishing houses:
To sign printing contracts directly with printing
establishments having publication printing permits and sign publication
distribution decisions.
2. For partners:
a/ To have certified copies of identity cards or
passports which remain valid in accordance with law, for the individuals
prescribed at Point a, Clause 1, Article 23 of the Publication Law, or
certified copies of the papers proving the legal person status, for the
organizations prescribed at Point c, Clause 1, Article 23 of the Publication
Law;
b/ To have papers proving that it has a staff of at
least 3 (three) editors possessing editing practice certificates, in case of
joint publication in the form of preliminary editing of manuscripts;
c/ To comply with publication decisions of the
general director (director) of the publishing house; to correct, suspend the
distribution, withdraw or destroy publications under decisions of the general
director (director) of the publishing house.
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1. Non-commercial documents to be licensed for
publication under Article 25 of the Publication Law include:
a/ Public information documents serving political
tasks, major anniversaries and important events of the country;
b/ Documents guiding the study and implementation
of the Party’s lines and policies and the State’s laws;
c/ Documents guiding measures for natural disaster
and epidemic prevention and control and environmental protection;
d/ Records of conferences and seminars and
development records of Vietnamese agencies and organizations;
dd/ Brochures on operations of foreign agencies and
organizations lawfully operating in Vietnam;
e/ Documents on the history of the Party and local
administrations; documents serving political tasks of localities, with opinions
of superior-level Party organizations or agencies.
2. The competence to license publication of
non-commercial documents is prescribed in Clause 1, Article 25 of the
Publication Law.
For documents of units under the people’s army or
people’s police, state management agencies of publication activities shall
grant publication permits after obtaining opinions of the Ministry of National
Defense or the Ministry of Public Security or agencies authorized by the
Ministry of National Defense or the Ministry of Public Security.
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Chapter III
PRINTING AND
DISTRIBUTION OF PUBLICATIONS
Article 13. Conditions and dossiers for grant of publication printing
permits and cases of revocation of publication printing permits
1. To be granted a publication printing permit
(covering the stages of layout, printing and post-printing processing of
publications), a printing establishment must fully meet the following
conditions:
a/ It complies with Clause 1, Article 32 of the
Publication Law;
b/ Its owner is a Vietnamese organization or
individual.
2. Papers and documents proving the satisfaction of
the conditions on heads of printing establishments and production space and
equipment in the dossier of application for a publication printing permit
specified in Clause 2, Article 32 of the Publication Law are specified as
follows:
a/ Regarding the head of the publication printing
establishment: He/she must be the at-law representative indicated in the
business registration certificate, enterprise registration certificate,
investment certificate, or establishment decision issued by a competent agency;
his/her diploma granted by a professional printing training institution must be
a certified copy of a college or higher degree in printing or a certificate of
training in publication printing management granted by the Ministry of
Information and Communications;
b/ Regarding documents on production space: These
documents must be originals or certified copies of land use rights certificates
or contracts or other papers proving the allocation or rent of land or rent of
production space or workshops;
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Within 6 months after being granted a publication
printing permit, the printing establishment shall complete the purchase or
lease-purchase equipment according to the list of to-be-invested equipment and
send copies of purchase or lease-purchase documents to the licensing agency.
3. In addition to the provisions in Clause 8,
Article 32 of the Publication Law, a publication printing establishment shall
have its operation license revoked when:
a/ It no longer satisfies the conditions prescribed
at Point b, Clause 1 of this Article;
b/ Past the 6-month time limit from the date of
being granted a publication printing permit, it still fails to complete the
investment in equipment under Point c, Clause 2 of this Article.
Article 14. Grant, re-grant and revocation of publication import
business licenses
1. To be granted a publication import business
license by the Ministry of Information and Communications, a publication import
business (below referred to as publication importer) must fully meet the
following conditions:
a/ It satisfies the requirements stated at Points a
and b, Clause 3, Article 38 of the Publication Law, in which the diploma
granted by a professional training institution to the head of the publication
importer must be a university or higher degree in publication distribution.
In case the head of the publication importer possesses
a university or higher degree in a major other than publication distribution,
he/she must possess a certificate of training in publication distribution
granted by the Ministry of Information and Communications.
b/ In case of importing books, in addition to the
conditions prescribed at Point a of this Clause, the publication importer must
have at least 5 (five) staff members qualified for book content appraisal.
Specifically, these persons must have been engaged in publication activities in
Vietnam for at least 5 years, possess a university or higher degree in foreign
languages or a university degree in another major but obtain foreign-language
qualifications suitable to the requirements on appraisal of imported book
contents and possess a certificate of training in publication distribution
granted by the Ministry of Information and Communications.
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a/ The dossier of application for a publication
import business license is prescribed in Clause 4, Article 38 of the
Publication Law, and shall be made according to the form provided by the
Minister of Information and Communications;
b/ Within 30 days after receiving a complete
complete dossier, the Ministry of Information and Communications shall grant a
publication import business license; in case of refusal, it shall issue a
written reply clearly stating the reason.
3. A publication import business license may be
re-granted if it is lost or damaged. The re-grant of a license is as follows:
a/ The publication importer sends an application
for re-grant of the license to the Ministry of Information and Communication,
enclosed with a copy of the granted license (if available);
b/ Within 15 days after receiving a dossier, the
Ministry of Information and Communications shall re-grant the publication
import business license; in case of refusal, it shall issue a written reply
clearly stating the reason.
4. In the course of operation, publication
importers that fail to maintain the conditions prescribed in Clause 1 of this
Article shall have their publication import business licenses revoked.
Article 15. Refusal to certify the registration of import of
publications for commercial purposes
The Ministry of Information and Communications
shall refuse to certify the registration of a publication importer for import
of publications for commercial purposes in the following cases:
1. The publications show signs of violation of law.
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3. The publication importer fails to comply with
management measures applied by state management agencies of publication
activities in accordance with law.
4. Other cases decided by the Ministry of
Information and Communications.
Article 16. Responsibility of publication importers to appraise
contents of imported publications
1. Within 30 days after being granted a publication
import business license, the publication importer shall issue an internal
regulation on content appraisal of imported publications, send such regulation
to the Ministry of Information and Communications and comply with such
regulation throughout its operation.
2. Before distributing imported publications, the
head of the publication importer shall appraise their contents as follows:
a/ To establish an appraisal board comprising a
leader of the publication importer as its chairperson, experts in the fields
related to the contents of to-be-appraised publications as its members and a
staff member in charge of publication content appraisal as its secretary. The
invitation of experts to join the appraisal board shall be decided by the head
of the publication importer;
b/ The appraisal shall be conducted for each
imported publication. Appraisal results shall be recorded in minutes to be
reported to the Ministry of Information and Communications once every 3 months;
c/ In the course of appraisal, if detecting that
the contents of an imported publication violate Clause 1, Article 10 of the
Publication Law, the publication importer may not distribute the publication
and shall promptly report such to the Ministry of Information and
Communications.
3. When receiving the Ministry of Information and
Communications’ requests for content appraisal of imported publications, heads
of publication importers shall organize the appraisal and report appraisal
results in writing.
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Chapter IV
PUBLISHING AND
DISTRIBUTION OF E-PUBLICATIONS
Article 17. Conditions for publishing and distribution of
e-publications
1. The conditions on equipment and technologies for
publishing and distribution of e-publications are prescribed at Point a, Clause
1, and Point b, Clause 2, Article 45 of the Publication Law, specifically as
follows:
a/ Having a server located in Vietnam, computers
and other equipment serving the publishing and distribution of e-publications
on the internet;
b/ Having equipment and software serving the
design, layout, and recording of data on electronic devices;
c/ Having equipment for transmitting digitalized
e-publications after they are edited, formatted and stored on electronic
devices;
d/ Having a lawfully registered internet connection
line for publishing and distribution of e-publications on the internet;
dd/ Having technical solutions to control the
publishing and distribution of e-publications, including distribution, removal
or restoration of e-publications for distribution;
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g/ Having an storage system meeting technical
requirements to store e-publications already published and distributed; stored
e-publications must ensure the requirements on accuracy, integrity, information
safety and accessibility as soon as they are created;
h/ Having a lawful digital certificate in
accordance with the law on e-transactions and complying with standards and
technical regulations on e-publications.
2. Criteria for technical personnel who operate and
manage the process of publishing and distributing e-publications are prescribed
at Point a, Clause 1 and Point a, Clause 2, Article 45 of the Publication Law,
specifically as follows:
a/ Being trained in information technology and
having worked in the information technology sector for at least 1 year;
possessing good political and ethical qualities;
b/ Being qualified for operating and managing the
technical equipment and solutions prescribed in Clauses 1 and 3 of this Article
to serve the publishing and distribution of e-publications.
3. The technical measures prescribed at Point b,
Clause 1, and Point b, Clause 2, Article 45 of the Publication Law are
specified as follows:
a/ Having technical equipment and solutions to
prevent and control computer viruses;
b/ Having technical equipment and solutions to
prevent unauthorized access via the internet;
c/ Having a professional process for responding to
information safety and security incidents;
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dd/ Having technical solutions as prescribed by the
Minister of Information and Communications to control the digital copyright of
content providers and content distribution channels.
4. The Vietnam’s domain name prescribed at Point c,
Clause 1, and Point c, Clause 2, Article 45 of the Publication Law must be a
“.vn” domain name.
5. The Minister of Information and Communications
shall specify appropriate conditions for publishing and distribution of
e-publications prescribed in this Article in each period of technology development.
Article 18. Appraisal of e-publication publishing or distribution
schemes and registration of the publishing and distribution of e-publications
1. The appraisal of e-publication publishing or
distribution schemes is as follows:
a/ Publishing houses shall send e-publication
publishing schemes and organizations and individuals shall send e-publication
distribution schemes to the Ministry of Information and Communications;
b/ E-publication publishing or distribution schemes
must explicitly express the satisfaction of the conditions prescribed in
Article 17 of this Decree;
c/ Within 15 days after receiving a scheme, the
Ministry of Information and Communications shall consider and give its written
appraisal opinions.
2. The registration of the publishing and
distribution of e-publications prescribed at Point d, Clause 1, and Point d,
Clause 2, Article 45 of the Publication Law is as follows:
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b/ Within 20 days after receiving a dossier of
registration for e-publication publishing or distribution, the Ministry of
Information and Communications shall examine the implementation of the scheme
and grant a written registration of e-publication publishing or distribution;
in case of refusal to grant the written registration, it shall issue a written
reply clearly stating the reason;
c/ Publishing houses may publish e-publications and
organizations and individuals may distribute e-publications only after
obtaining the Ministry of Information and Communications’ registration
certification.
3. The Minister of Information and Communications
shall provide forms of the e-publication publishing and distribution scheme,
written registration application and registration certification prescribed in
Clauses 1 and 2 of this Article.
Article 19. Classification of e-publications and requirements on the
contents and technical conditions of e-publications
1. E-publications are divided into 2 (two)
categories:
a/ Those converted into the electronic form from
publications lawfully published in other forms;
b/ Those created in the electronic form under
publication decisions issued by general directors (directors) of publishing
houses or permits for publishing non-commercial documents issued by state
management agencies of publication activities, and not yet published in any
other forms.
2. Requirements on the contents and technical
conditions of e-publications prescribed at Point a, Clause 1 of this Article:
a/ The contents do not violate the provisions of
Clause 1, Article 10 of the Publication Law or the publications are neither
suspended nor banned from circulation nor withdrawn and destroyed;
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c/ Having a digital format in accordance with the
Minister of Information and Communications’ regulations on formats of text
message, sound and image files;
d/ Having a lawful digital signature of the head of
the organization or the individual conducting the distribution.
3. Requirements on the contents and technical
conditions of e-publications prescribed at Point b, Clause 1 of this Article:
a/ The contents do not violate the provisions in
Clause 1, Article 10 of the Publication Law;
b/ Meeting the requirements prescribed at Point c,
Clause 2 of this Article and having the lawful digital signature of the general
director (director) of the publishing house or the head of the agency or
organization that is granted a permit for publishing non-commercial documents.
Article 20. Import of e-publications for commercial purposes
1. Distribution establishments having a publication
import business license prescribed in Article 14 of this Decree may import
e-publications for commercial purposes.
2. The import of e-publications for commercial
purposes must comply with the following regulations:
a/ Before importing e-publications in data storage
devices, publication importers shall register the import according to Article
39 of the Publication Law; in case of importing via the internet, they shall
make and register with the Ministry of Information and Communications a list of
imported publications at least 10 days before distributing such publications,
enclosed with copies of import contracts or payment documents;
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Article 21. Deposit of e-publications
1. When depositing e-publications at state
management agencies of publication activities according to Article 48 of the
Publication Law, publishing houses or agencies or organizations that are
granted publication permits shall submit a copy of each e-publication recorded
in a data storage device or submit via the internet e-publications in the
digital format according to the Minister of Information and Communications’
regulations on the formats of text message, sound or image files, enclosed with
2 (two) deposit declarations made according to a set form.
2. The Minister of Information and Communications
shall specify technical requirements on and methods of depositing
e-publications.
Article 22. Responsibilities of publishing houses and agencies,
organizations and individuals engaged in the publishing or distribution of
e-publications
1. In addition to the responsibilities prescribed
in Article 50 of the Publication Law, publishing houses, organizations and
individuals engaged in the publishing, distribution or import of e-publications
have the following responsibilities:
a/ To ensure that techniques and technologies used
for publishing and distributing e-publications conform with this Decree and
other laws on information technology and telecommunications;
b/ To ensure the integrity of contents and forms of
e-publications;
c/ To comply with competent state management
agencies’ requests for suspension of the publishing or distribution of
e-publications or removal, or prevention of users from accessing, part or the
whole of contents of publications showing signs of violation of law;
d/ Not to publish or distribute e-publications
together with technical or technological applications causing information
unsafety or insecurity to electronic devices;
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e/ Not to illegally intervene so as to falsify the
contents and forms of e-publications or commit illegal acts;
g/ To report and explain about the publishing,
distribution or import of e-publications and contents of e-publications at the
request of competent agencies;
h/ To take responsibility before law the
publishing, distribution and import of e-publications and contents of
e-publication.
2. E-publication users may not intervene in any
forms to falsify the contents of e-publications.
Article 23. Cases subject to suspension or termination of the publishing
or distribution of e-publications
1. The Ministry of Information and Communications
shall request publishing houses, organizations and individuals to suspend the
publishing or distribution of e-publications to rectify or remedy violations in
the following cases:
a/ Failure to fully maintain the conditions
prescribed in Article 17 of this Decree in the course of operation;
b/ Failure to comply with Article 22 of this
Decree;
c/ Failure to abide by management measures applied
by state management agencies of publication activities.
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Chapter V
IMPLEMENTATION
PROVISIONS
Article 24. Effect
1. This Decree takes effect on March 1, 2014.
2. The following documents cease to be effective on
the effective date of this Decree:
a/ The Government’s Decree No. 111/2005/ND-CP of
August 26, 2005, detailing and guiding a number of articles of the Publication
Law;
b/ The Government’s 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;
c/ The Government’s Decree No. 110/2010/ND-CP of
November 9, 2010, amending and supplementing a number of articles of the
Government’s Decree No. 111/2005/ND- CP of August 26, 2005, detailing and
guiding a number of articles of the Publication Law, which was amended and
supplemented under the Government’s Decree No. 11/2009/
d/ Article 1 of the Government’s Decree No.
72/2011/ND-CP of August 23, 2011, amending and supplementing a number of articles
of the Government’s Decree No. 111/2005/ND-CP of August 26, 2005, detailing and
guiding the implementation of a number of articles of the Publication Law,
which was amended and supplemented under the Government’s Decree No.
11/2009/ND-CP of February 10, 2009, and Decree No. 105/2007/ND-CP of June 21,
2007, on printing of products other than publications.
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1. Within 18 months after the effective date of
this Decree, managing agencies of publishing houses shall carry out procedures
to apply for renewal of publishing house establishment licenses.
2. Within 12 months after the effective date of
this Decree, publication printing establishments, publication importers,
Vietnam-based representative offices of foreign publishing houses or foreign
publication distribution organizations shall carry out procedures to apply for
renewal of their operation licenses or establishment licenses.
3. Within 12 months after the effective date of
this Decree, publication distribution establishments and organizations and
individuals engaged in the distribution of e-publications shall carry out
operation registration procedures.
4. The renewal of establishment licenses, operation
licenses and operation registration must comply with the Publication Law, this
Decree and relevant laws.
Certificates of training in printing management
already granted to heads of printing establishments before the effective date
of this Decree may be used to carry out procedures for renewal of publication
printing permits.
Article 26. Implementation responsibility
Ministers, heads of ministerial-level agencies,
heads of government-attached agencies, chairpersons of provincial-level People’s
Committees and related agencies and organizations shall implement this Decree.-
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