THE NATIONAL
ASSEMBLY
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|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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|
No.:
19/2012/QH13
|
Ha Noi,
November 20, 2012
|
PUBLISHING LAW
Pursuant to the Constitution of the Socialist
Republic of Vietnam 1992 which has been amended and supplemented by a number of
articles under Resolution No.51/2001/QH10;
The National Assembly hereby promulgates the
Publishing Law
Chapter 1
GENERAL PROVISIONS
Article 1. Scope of
adjustment
This law provides for the publishing
organization and activities; rights and obligations of agencies, organizations
and individuals involved in publishing activities.
Publishing activities, including the fields of
publishing, printing and release of publications.
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This law applies to agencies, organizations,
individuals and foreign organizations operating in Vietnam, foreign individuals
residing in Vietnam related to publishing activities.
Article 3. Location, purpose
of publishing activities
Publishing activities in the field of culture
and ideology in order to disseminate and introduce knowledge in the fields of
social life, national cultural values and cultural essence of humanity, to
meet the needs of people’s spiritual life, to raise the people’s intellect and
moral development and good lifestyle of Vietnamese people, to expand cultural
exchanges with other countries, socio-economic development and fight against
all thoughts and behavior detrimental to the national interests and contribute
to the construction and defense of the Socialist Republic of Vietnam.
Article 4. Explanation of
terms
In this Law, the terms below are construed as
follows:
1. Publishing is the organization and
development of manuscript to be edited into templates for printing and release
directly through the electronic media.
2. Printing is the use of printing equipment to
create publications from the template.
3. Release is the adoption of one or more forms
of buying, selling, allocation, donation, leasing, lending, export, import,
fair and exhibition to bring publications to users.
4. Publication is a work and documents on
politics, economics, culture, society, education and training, science,
technology, literature, art which are published through publisher or agency,
organization is issued publishing license in different languages, images,
sounds, and are expressed in the following forms:
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b) Braille books;
c) Paintings, photographs, maps, posters, flyers
and leaflets
d) Types of calendar;
e) Audio and video recording with the content
for substitution of book or illustration for books
5. Manuscript is handwritten, typed copy or
created by electronic media of a work, document for publishing.
6. Editing is the review and improvement of the
content and form of the manuscript for publication.
7. Non-business document is a publication is not
intended to buy, sell
8. Electronic publishing is the organization and
development of manuscript to be edited into templates and use of electronic
media to create electronic publications.
9. Electronic publication the one specified at
Points a, c, d, e, Clause 4 of this Article shall be formatted digitally and
read, listened and viewed by electronic media.
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11. Method of publication and release of
electronic publication is the publishing and release of publications on the
electronic media.
12. Legal deposit is the submission of
publication for storage, comparison, examination and appraisal.
Article 5. Ensure the right
of dissemination of work and protection of copyright and related rights
1. The State shall ensure the right of
dissemination of work in the form of publications through the publisher and
protection of copyright and related rights.
2. The State shall not censor works before
publication.
3. No agency, organization or individual is
allowed to abuse the right to disseminate works to damage the interests of the
State, the legitimate rights and interests of agencies, organizations and
individuals.
Article 6. State management
on publishing activities
1. State management content on publishing
activities includes:
a) Developing and organizing the implementation
of strategy, planning, policy of publishing activity development; issuing under
the competence the legal normative documents regarding publishing activities
and copyright in the publishing activities;
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c) Issuing and revoking types of license in
publishing activities;
d) Scientific research and technological
application in publishing activities; training and fostering profession on
publishing activities;
e) International cooperation in publishing
activities;
f) Inspecting, investigating and settling
complaints and denunciations and handling of violations of the law in
publishing activities;
g) Implementing regulation on information,
report, statistic, and the emulation and commendation in publishing activities;
selecting and giving awards for publications of high value.
2. Government shall perform the unified state
management of publishing activities nationwide;
The Ministry of Information and Communications
is responsible before the Government for the implementation of state management
on publishing activities.
The ministries, ministerial-level agencies shall
coordinate with the Ministry of Information and Communications to perform the
State management on the publishing activities within its authority.
People's Committees of centrally-affiliated
provinces and cities (hereinafter referred to as provincial-level People's Committees)
shall perform the State management on the publishing activities at locality.
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1. The State has strategy, development planning
of network of publishers, printing and establishment of publication release,
support of training of human resources; tax incentives prescribed by law for
the publishing activities, policies to attract social resources involved in
publishing activities.
2. State policy for the publishing field:
a) Supporting investment fund for the
construction and modernization of material facilities, application and transfer
of advanced technology and technique to publishers to serve the tasks, subjects
and areas as specified at Point b of this Clause;
b) Placing an order to have manuscripts and
publish works and materials to serve the task of politics, security, national
defense, external information and serve people in ethnic minority areas, the
areas with socio-economic conditions of particular difficulty, the remote,
mountainous, border and island area, the youngster, children, the blind and
other critical tasks;
c) Buying manuscript for valuable works but the
publishing time is not appropriate or restrictions of subject of use;
supporting to buy copyrights for domestic and foreign works which have value
for social, cultural and economic development;
d) Favouring loan interest in accordance with
the law.
3. State policy for the field of printing of
publication:
a) Supporting fund for the construction
investment and modernization of infrastructure, application and transfer of
advanced technology and technique to printing facilities in service of tasks of
politics, security, national defense, external information and printing
facilities in remote, mountainous, border and island areas;
b) Favouring land lease rent for workshop
building and loan interest rates for the printing facilities in service of the
politics, security, national defense, external information and printing
facilities in remote, mountainous, border and island areas,.
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a) Priority is given to the investment in land
fund and expenditure to build infrastructure for the system of establishment
of publication release in the areas with socio-economic conditions of
particular difficulty, the remote, mountainous, border and island areas,
b) Supporting freight charges of publications in
service of tasks, subjects and areas specified at Point b, Clause 2 of this
Article;
c) Supporting fund for organization, operation
and promotion of Vietnamese culture and people through publication,
organization of exhibitions, fairs of publications in the country and abroad;
d) Favouring land lease and house rent under
state ownership, loan interest rate for establishment of publication release.
5. State policy for the publishing and release
of electronic publications:
a) Supporting fund for the construction
investment, modernization of infrastructure and application advanced technology
and technique for publishing electronic publications;
b) Developing the specification data information
system of electronic publications in order to create favorable conditions for
searching, accessing, managing and archiving electronic publications.
6. The Government shall detail this Article in
accordance with each stage of development of publishing activities.
Article 8. Establishment of
representative office in Vietnam of foreign publishers and publication release
organizations
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2. The Government shall specify the conditions
for the establishment and operation contents and procedures for the issuance,
renewal, re-issuance and extension of establishment license of representative
office in Vietnam of foreign publishers and publication release organizations
Article 9. Complaints and
denunciations in publishing activities
The complaints and denunciations in publishing
activities shall comply with the provisions of law on complaints and
denunciations.
Article 10. Contents and
behaviors prohibited in publishing activities
1. Seriously prohibiting the publishing,
printing and release of publications with the following contents:
a) Conducting propaganda against the Socialist
Republic of Vietnam and destroying the unity of the whole nation;
b) Conducting propaganda and incitement war of
aggression, causing hatred between nations and peoples; conducting incitement
of violence; spreading reactionary ideology, obscence and depraved lifestyle,
criminal acts, social evils, superstition and destruction of habits and
customs;
c) Disclosing the state secrets, personal
secrets and other secrets prescribed by law;
e) Distorting historical truth, denying
revolutionary achievements; offending nation, well-known persons, national
heroes; failing to express or properly express sovereignty; slandering and
insulting the reputation of the agency, organization and dignity of the
individual.
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a) Publishing without registration and
publishing decision or publishing license;
b) Changing, distorting the content of the
manuscripts which have been signed for approval by or non-business document
manuscript with the seal of the publishing licensing agencies;
c) Illicit and false printing, illegal
re-printing of publications
d) Releasing publications without legitimate
origin or failing to submit copyright deposit
e) Publishing, printing and releasing
publications which have been suspended from release, recovering, confiscating,
banning from circulation, destroying or illegally importing publications;
f) Other prohibited acts as prescribed by law.
Article 11. Handling
violation in publishing activities
1. Organizations having violations of the
provisions of this Law and other provisions of the relevant law, depending on
the nature and seriousness of their violations, shall be administratively
sanctioned, if causing damage, they must pay compensation as prescribed by law.
2. Organizations having violations of the
provisions of this Law and other provisions of the relevant law, depending on
the nature and seriousness of their violations, shall be administratively
sanctioned or prosecuted criminal liability, if causing damage, they must pay
compensation as prescribed by law.
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4. Electronic publications in violation shall be
removed from the electronic media and depending on the nature and seriousness
of their violations shall be handled under the provisions of clause 3 of this
Article.
5. Organizations and individuals committing acts
of infringement of intellectual property rights in the publishing activities
shall be handled as prescribed by the law on intellectual property.
6. State management agencies on publishing
activities must take responsibility for their decisions. In case of wrong
decisions causing damage, they shall pay compensation as prescribed by law.
Chapter 2.
PUBLISHING FIELD
Article 12. Subject
establishing publisher and types of publisher organization
1. The following agencies and organizations are
allowed to establish publisher (hereinafter referred to as the publisher line
agency):
a) State agencies, political organizations,
socio-political organizations at the central and provincial levels;
b) Public non-business units in the central, the
socio-political and vocational organization in the central directly create
works and academic and scientific materials.
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Article 13. Conditions for
establishment of publisher
The establishment of publisher must meet the
following conditions:
1. Having principles, purposes, functions,
duties, objects to services and publications are in conformity with the
functions and duties of the line agencies;
2. Having qualified persons specified in Article
17 of this Law for appointment of General Director (Director), editor in chief
and have at least five full-time editors;
3. Having headquarters, financial resources and
other necessary conditions to ensure the activities of the publisher as
prescribed by the Government;
4. Being consistent with the planning of
publisher network development which has been approved by the competent
authority.
Article 14. Issuance and
revocation of establishment license and suspension of the publisher’s
activities.
1. The line agency of publisher shall prepare
dossier to request the licensing of publisher establishment and send it to the
Ministry of Information and Communications.
The dossier includes:
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b) Scheme for publisher establishment and papers
evidencing all the conditions specified in Article 13 of this Law.
2. Within 30 days from the date of receipt of
complete dossier, the Ministry of Information and Communication shall issue
license of publisher establishment. If not licensing, there must be written
reply clearly stating the reasons.
3. After being issued license of publisher
establishment, the line agency shall make a decision on establishing publisher
and prepare other necessary conditions for activities of the publisher.
4. The publisher shall be suspended from
operation with definite time in the following cases:
a) After establishment and during operation, the
line agency and publisher do not meet the conditions specified in clauses 1, 2
and 3, Article 13 of this Law;
b) The publisher does not properly implement the
contents specified in the license of publisher establishment
c) The publisher violates the provisions of the
law on publishing and is handled for administrative violations at the level of
activity suspension.
5. The license of publisher establishment shall
be revoked in the following cases:
a) The time limit of suspension is over without
remedy for the cause leading to the suspension.
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c) Within consecutive 12 months without any
publication for legal deposit from the publisher.
d) Failing to meet the conditions specified in
Article 13 of this Law and causing serious consequences
e) Seriously violating other provisions of law.
6. When the license of publisher establishment
is revoked in the cases specified at Points a, c, d and e, Clause 5 of this
Article, the line agency of publisher shall make the dissolution of the
publisher in accordance with the law.
Article 15. Issuance and
renewal of license of publisher establishment
1. Within 30 days from there is one of the
following changes, the line agency of publisher shall request the Ministry of
Information and Communication to issue and renew license of publisher
establishment:
a) Change of line agency, name of line agency of
publisher name of publisher;
b) Change of type of organization of publisher;
c) Change of the principles, purposes, subjects
to services and major publications of the publisher.
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a) Application for issuance and renewal of
license;
b) License of publisher establishment issued.
3. Within 15 days from the date of receipt of
complete dossier, the Ministry of Information and Communications shall issue
and renew license. In case of non-renewal of license, there must be written
reply clearly stating the reasons.
4. In case of change of heaquarters, the
publisher shall send a written notice to the Ministry of Information and
Communications within 07 working days after the change.
Article 16. Duties and
power of the lince agency of publisher
1. Satisfying the conditions specified in
Article 13 of this Law.
2. Appointing, dismiss, removing leadership
positions of publisher specified in Article 17 of this Law after obtaining the
written approval of the Ministry of Information and Communications.
3. Orienting annual publishing plan of the
publisher.
4. Directing the implementation of the
principles, purposes and operation direction of the publisher; monitoring
publisher to comply with the license of publisher establishment.
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6. Taking responsibility for violations of the
laws of the publisher in publishing activities under its duties and powers.
Article 17. Standards of
positions of General Director (Director) and Chief Editor of publisher.
1. Standards for General Director (Director):
a) Being Vietnamese citizens residing in
Vietnam, having good political and moral quality.
b) Having University level or higher;
c) Having at least 03 years performing work of
editing, management of publishing or press, management at the line agency of
publisher;
d) Other standards as prescribed by law.
2. Standards for Chief Editor of the publisher:
a) Having certificate of editing practice;
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c) Other standards as prescribed by law.
3. For publishers organized and operating in the
form of enterprises carrying on conditioned business owned by the State and
having title as Chairman of the member board or Chairman of the company, the
Chairman of the member board or Chairman of the company shall at the same time
as General Director (Director) of the publisher.
Article 18. Duties and
powers of the General Director (Director) and Chief Editor of publisher
1. The General Director (Director) of publisher
has the following duties and powers as follows:
a) Directing operations of publisher in
accordance with purposes, functions and duties specified in the license and
decision on publisher establishment;
b) Developing the mechanism of organization and
human resources of the publisher;
c) Organizing the implementation of the
publishing registration with the Ministry of Information and Communications as
prescribed in Article 22 of this Law;
d) Orgnizing the assessment of works and
materials specified in Article 24 of this Law and other works and materials at
the request of the State management agencies on publishing activities;
e) Signing publishing association contract
specified at Point b, Clause 3, Article 23 of this Law before signing the
publishing decision;
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g) Signing publishing decision for each
publication in line with certificate of publishing registration, including the
printing of increased number;
h) Signing decision on publication release;
i) Valuating and adjustment of retail prices of
publications in accordance with law;
k) Organizing the keeping of manuscript editing
and related documents of each publication as prescribed by law;
j) Performing the repair, suspension from
release, revocation or destruction of publications at the request of competent
state agencies;
m) Implementing the report at the request of the
State management agencies on publishing activities;
n) Making sure not to disclose and miss the
content of publishing works and materials prior to release affecting the rights
of the author, the copyright owner;
o) Managing assets and material facilities of
the publisher;
p) Taking responsibility before the law, the
line agency for the publications and all activities of the publisher.
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a) Helping General Director (Director) to direct
the organization of manuscript;
b) Editing manuscript;
c) Reading and signing for approval of each
manuscript for submission to the General Director (Director) of the publisher
to sign the publishing decision.
d) Do not disclose and miss the content of
publishing works and materials prior to release affecting the rights of the
author, the copyright owner;
e) Taking responsibility before the law, the
General Director (Director) of the publisher for the content of publications of
the publisher.
Article 19. Standards,
duties and powers of editor
1. Standards of editor:
a) Being Vietnamese citizens residing in
Vietnam, having good political and moral quality.
b) Having University level or higher;
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d) Having Certificate of editing practice issued
by the Minister of Information and Communications;
2. The editor has the following duties and
powers:
a) Editing manuscripts;
b) Having the right to refuse the editing of
works and materials whose contents have signs of violation specified in Clause
1, Article 10 of this Law and shall report to the General Director (Director)
and Chief editor in writing;
c) Having name in the publications edited by
himself/herself;
d) Participating in periodic training of legal
knowledge on publishing and editing profession held by the State management
agencies on publishing activities;
e) Do not disclose and miss the content of
publishing works and materials prior to release affecting the rights of the
author, the copyright owner;
e) Taking responsibility before the Chief Editor
of the publisher and before law for the contents of publications edited by
himself/herself;
Article 20. Issuance,
revocation and re-issuance of certificate of editing practice
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a) Application for issuance of certificate of
editing practice under the prescribed form;
b) Curriculum vitae under the prescribed form
c) Certified copy of degree;
d) Certificate of completion of fostering course
of legal knowledge on publishing and editing professional issued by the
Ministry of Information and Communications.
2. Within 15 days from the date of receipt of
complete dossier, the Ministry of Information and Communications shall issue
the Certificate of editing practice; In the absence of issuance, there must be
written reply clearly stating the reasons.
3. Certificate of editing practice is revoked in
the following cases:
a) Editor whose publications are edited are
banned from circulation, revoked, confiscated or destroyed;
b) Editor who has edited two publications in 01
year or publications in 02 consecutive years with content violations required
correction to be released;
c) Editor has been sentenced by a legally
effective judgement of the court.
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5. Certificate of editing practice shall be
re-issued in case of loss or damaged.
Article 21. Copyright in
the field of publishing
The publishing of works and materials reprinting
of publication shall only be made after obtaining the written approval of the
author, copyright owner as prescribed by law.
Article 22. Publishing
registration of publishing and certification of publishing registration
1. Before publishing works and materials or
re-publication, the publisher shall register the publishing with the Ministry of
Information and Communications under prescribed form. The registration content
must be consistent with the principles and purposes, functions and tasks of the
publisher.
2. Within 07 working days from the date of
receipt of the publishing registration of the publisher, the Ministry of
Information and Communications shall confirm the publishing registration in
writing. In the absence of confirmation, there must be a written reply clearly
stating the reasons.
3. The written confirmation of the publishing registration
is the ground for the publisher to make a decision on publishing until the end
of December 31 of the registration confirmation year.
Article 23. Association in
publishing activities
1. Publishers are associated with the following
organizations and individuals (collectively referred to as associated partner)
in order to publish for each publication:
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b) Publisher, publication printing and release
establishment;
c) Other organizations with legal entity.
2. Form of association of the publisher with
associated partner includes:
a) Using manuscripts;
b) Preliminarily editing manuscripts;
c) Printing publications;
d) Releasing publications.
3. The association is only made only with the
following conditions:
a) There is a written consent of the author, the
copyright owner under the provisions of the law on intellectual property rights
for works and materials of associated publishing;
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c) In case of preliminary editing association of
manuscript, in addition to the conditions specified at Points a and b of this
Clause, the associated partner must have editors.
4. For works and materials with the content on
political theory, history, religion, national sovereignty, memoir, the
publisher is not allowed for preliminary associated editing of manuscript.
5. Responsibilities of the General Director
(Director) of the publisher in associated publishing:
a) Making a decision on partnership, form of
association and commitment of association contract to each publication. In case
of association for publishing many publications with the same associated
partner, it is likely to make a commitment in a contract in which clearly
expressing form of association to each publication;
b) Complying with publishing association
contract; ensuring that the contents of associated publications to be consistent
with the principles, purposes, functions and tasks of the publishers;
c) Organizing complete editing of work and
material manuscripts which have been preliminarily edited;
d) Taking responsibility before law for
activities of publishing association and associated publications;
e) Revoking publishing decision when the
associated partner breaches associated contract;
e) Performing duties and powers as prescribed in
Clause 1, Article 18 of this Law.
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a) Helping General Director (Director) of
publisher to completely edit manuscripts of works and materials which are
preliminarily edited by associated partner, read and approve the works and
materials of associated publishing
b) Performing duties and powers as prescribed in
Clause 2, Article 18 of this Law.
7. Responsibility of the associated partner:
a) Properly complying with publishing
association contract;
b) Properly complying with content of manuscripts
which have been signed for approval by the General Director (Director) for
printing or release on electronic media.
c) Specifying name and address on publications
as prescribed at Point b, Clause 1 and Point b, Clause 2, Article 27 of this
Law;
d) Nộp xuất bản phẩm liên kết để nhà xuất bản nộp
lưu chiểu Submitting associated publications for the publisher to deposit
copyright;
e) Spending on release of associated
publications after the General Director (Director) has signed the publishing
decision;
f) Performing the correction, suspension from
release, recovery or destruction of publications at the request of the
competent state agencies;
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Article 24. Content of
works and materials to be assessed before re-printing.
The following works and materials whose contents
have violating signs of provisions of Clause 1, Article 10 of this Law, the
publisher must assess them before registering publishing for re-printing.
1. The works and materials were published before
August Revolution of 1945; the works and materials were published from 1945 to
1954 in the temporarily occupied areas;
2. The works and materials were published from
1954 to April 30, 1975 in South Vietnam not licenseted by the Provisional
Revolutionary Government of the Republic of South Vietnam
3.. The works and materials are published
abroad.
Article 25. Issuing
non-commercial publishing license
1. The publishing of non-commercial materials
not made through publisher must be issued publishing license of non-commercial
materials by the following state management agencies on the publishing
activities:
a) The Ministry of Information and
Communications shall issue publishing license of non-commercial materials of
agencies and organizations in the central and foreign organizations;
b) Provincial-level People's Committee shall
issue publishing license of non-commercial materials of the other agencies and
organizations with legal status, branches, representative offices at localities
of the central agencies and organizations.
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3. The Government specifies list of
non-commercial materials which shall be issued publishing license.
4. The agencies and organizations requesting the
issuance of publishing license of non-commercial materials shall prepare
dossier and send it to the State management agencies on the publishing
activities specified in clause 1 of this Article and make payment of fee of
material content assessment for licensing. The dossier includes:
a) Application for licensing;
b) Three copies of material manuscript. In case
the materials are in foreign language, there must be a Vietnamese translation
attached. For materials to be electronically published, the entire content must
be saved into digital device.
c) Certified copy of license of operation issued
by the competent State management agencies of Vietnam for foreign
organizations.
5. Within 15 days from the date of receipt of
complete dossier, the State management agencies on publishing activities
specified in Clause 1 of this Article shall issue the publishing license, seal
on three copies of material manuscript and keep one copy and return two copies
to the organization requesting the licensing. In case of licensing failure,
there must be a written reply clearly stating the reasons.
6. Organizations or agencies issued publishing
license of non-commercial materials shall:
a) Comply with the issued license;
b) Ensure the contents of publishing materials
are in accordance with the material manuscripts which are licensed;
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d) Submit legal deposit and to National Library
of Vietnam as prescribed in Article 28 of this Law.
e) Implement the correction, suspension from
release, revocation or destruction of publishing materials upon requirement of
the competent State authorities;
f) Take responsibility before law for the
published materials.
Article 26. Publishing
works and materials of foreign organizations or individuals in Vietnam.
1. The publishing of works and materials of foreign
organizations or individuals for business in Vietnam must be implemented by the
Vietnamese publishers.
2. The publishing of non-commercial works and
materials of foreign organizations or individuals in Vietnam is not implemented
via Vietnamese publisher shall comply with provisions of Article 25 of this
Law.
Article 27. Information
specified on publications
1. On publications in the form of books, there must
be the following information:
a) Name of book, author or compiler and editor
(if any), full name of translator (for translated books), transcriber (if the
book is transcribed from Nom language); name of publisher or the agency or
organization which are issued publishing license;
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c) Name and title of General Director (Director)
responsible for publishing; full name and title of Chief Editor responsible for
the content; full name of editor; frame and size of book, publishing
registration confirmation number, publishing decision number of the Director
General (director) of the publisher or publishing license number of state
management agencies on publishing activities; full name of presenter and
illustrator, technical editor, printing corrector, printing number; name and
address of the printing establishment, time of copyright deposit; International
Standard Book Number (ISBN);
d) For commercial books, specify retail prices.
For books ordered by the State specify "Book ordered by the State".
For non-commercial books, specify "Not for sale".
2. On publications which are not books, the
following information must be specified:
a) Name of publication, publisher or organization
or agency which are allowed for publishing.
b) Name and address of the organization or
individual name associated published (if any); confirm registration publishing,
publishing of the decision of the Director General (Director) publisher or
publishing license number of the State management agencies on publishing
activities, printing number, name and address of the printing establishment.
c) For commercial publications, specify retail
price; for publications ordered by the State, specify “Publication ordered by
the State"; for non-commercial publications, specify "Not for
sale".
3. Information specified in Clause1 of this
Article must be written on the front book cover and no further information
required; information specified at Point c, Clause 1 of this Article must be
written on the same page; the information specified in Clause 1 of this Article
must be written on the fourth book cover.
4. The General Director (Director) of the
publisher shall make decision on places for information record specified at
Point b, Clause 1 on the publication, unless otherwise specified in Clause 6 of
this Article.
5. For electronic publications, in addition to
all the information specified in Clause 1 and 2 of this Article, there must
also be information on management of electronic publication as prescribed by
the Minister of Information and Communications.
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Article 28. Submitting
legal deposit publication and submitting publication to National Library of
Vietnam
1. All publications must be deposited their
copyrights with the State management agencies on publishing activities at least
10 days before release. The legal deposit of publications shall comply with the
following provisions:
a) Publishers or agencies, organizations which
are issued the publishing license by the Ministry of Information and
Communications must submit three copies to the Ministry of Information and
Communications. In case the printing number is less than three hundred copies,
two copies shall be submitted;
b) Agencies, organizations which are issued the
publishing license by the provincial-level People's Committee shall submit two
copies to the provincial People's Committee and one copy to the Ministry of
Information and Communications; In case the printing number is less than three
hundred copies, one copy shall be submitted to the provincial-level People's
Committee and one copy to the Ministry of Information and Communications;
c) For publications reprinted without correction
and supplementation, one copy shall be submitted to the Ministry of Information
and Communications. In case of correction and supplementation, the provisions
at Points a and b of this Clause shall apply;
d) Publications with content of State secret as
prescribed by law only submit delaration of copyright deposit;
e) The Minister of Information and
Communications shall specify procedures for submitting legal deposit
publications.
2. Within 45 days from the date of publications
are released, the publishers, agencies and organizations with publishing
permission must submit three copies to the National Library. In case the
printing number is less than three hundred copies, two copies shall be
submitted.
Article 29. Reading and
examination of legal deposit publications and competence to handle violations
of publications
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2. Provincial-level People's Committee shall
organize the reading and examination of legal deposit publications and make
decision on the handling of violating publication under the provisions of this
Law and other provisions of the relevant law for the publications whose
publishing licenses are issued by them.
3. The Minister of Information and
Communications shall assume the prime responsibility and coordinate with the
Minister of Finance to develop regulation on remuneration for the reader and
checker, appraiser of legal deposit publications.
Article 30. Advertising on
publications
1. No permission for advertising on
administrative map.
2. Advertising on bloc calendar shall comply
with the following regulations:
a) Area for advertising does not exceed 20% of
area of each calendar page; the advertising content and images must match the
Vietnamese fine traditions and the other provisions of the law on advertising;
b) No permission for advertising on calendar
pages printing National holidays and large anniversaries of the country.
3. The advertising on publications not specified
in Clause 1 and 2 of this Article shall comply with regulations of law on
advertising.
Chapter 3.
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Article 31. Activities of
publication printing establishments
1. Printing establishments are only allowed for
printing of publications after having been issued license of publication
printing.
2. Printing establishments are only allowed for
receiving the printing as prescribed in Article 33 of this Law.
Article 32. Issuance,
renewal, re-issuance and revocation of license of publication printing
operation
1. Conditions for issuing license of publication
printing operation include:
a) The head of the printing establishment must
be Vietnamese citizens residing in Vietnam; having profession of publication
printing management and meeting other criteria as prescribed by law;
b) Having production ground and equipment to
perform one or more stages of print-out, printing and processing and
post-printing of publication;
c) Ensuring conditions for security, order,
environmental hygiene as prescribed by the law;
d) Being consitent with the planning of
publication printing establishment network development.
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a) Application for issuing license of of
publication printing operation under prescribed form;
b) Certified copy of one of the business
registration certificate, business registration certificate, investment
certificate or decision on printing establishment;
c) Papers evidencing the possession of
production ground and equipment to carry out one of the stages of print-out,
printing and processing and post-printing of publication;
d) Resume of the head of the printing
establishment under prescribed form;
e) Certified copy of diploma granted by the
printing training specialized establishment or Certificate of publication
printing operation management profession granted by the Ministry of Information
and Communications;
f) Certified copy of the certificate of
eligibility for security and public order and environmental hygiene issued by
competent state agencies.
3. Competence to issue license of publication
publishing operation:
a) The Ministry of Information and
Communications shall issue license to printing establishments of the agencies
and organizations at the central level;
b) Provincial-level People's Committee shall issue
license to the local printing establishments.
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5. License of publication publishing operation
shall be re-issued on case of loss or damage.
6. Within 15 days from the date when the
printing establishment has one of the changes of name, address, branch
establishment, division or merger, the printing establishment must make
procedures for renewal of license of publication publishing operation.
7. Within 15 days from the date of the change of
the head, the printing establishment shall notify in writing to the agency
issuing license of publication publishing operation and enclose dossier as
specified at points d and e, Clause 2 of this Article.
8. The license of publication publishing
operation shall be revoked in the following cases:
a) The publication printing establishment does
not satisfy conditions specified at Points a, b and c, Clause 1 of this Article
in the operation process.
b) The printing establishment has changes
specified in Clause 6 of this Article without making procedures for change of
license.
9. The Minister of Information and
Communications shall specify the procedures for issuance, renewal, re-issuance
and revocation of license of printing, certificate of publication printing
operation management profession.
Article 33. Conditions for
receiving of publication printing
1. The receiving of publication printing shall
be implemented in accordance with the following provisions:
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b) For non-commercial materials of Vietnamese
organizations and agencies and foreign organizations not done through the
publisher, there must be publishing license (the original) and the stamped
manuscript of the licensing agency specified in Article 25 of this Law;
c) For publications printed for foreign
countries, there must be a printing license and publication templates for
printing with the seal of the licensing agencies provided for in Article 34 of
this Law.
2. The publication printing must made into
contract in accordance with the law between the printing establishment with the
publisher or agency or organization which is issued the license of
non-commercial material publishing.
3. The number of publications printed must be
shown in the contract and in accordance with the publishing decision or
publishing license of non-commercial materials.
Article 34. Printing
publications for foreign organizations or individuals
1. The printing establishment with license of
publication printing operation specified in Article 32 of this Law shall be
allowed for printing publications for foreign organizations or individuals;
The publication printing for foreign
organizations or individuals must be licensed by the Ministry of Information
and Communications or the provincial-level People's Committees.
2. The content of publications printed for
foreign countries must not violate the provisions of Clause 1, Article 10 of
this Law.
3. Dossier to request issuance of license includes:
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b) Two sample copies of publication for
printing;
c) Certified copy of license of publication
printing operation;
d) Certified copy of contract of publication
printing for foreign organizations or individuals. In case the contract is in
foreign language, the Vietnamese translation version must be enclosed.
e) A copy of valid passport of the person
ordering the printing or power of attorney, identity card of the authorized
person ordering the printing.
4. Within 10 days from the date of receiving
complete and valid dossier, the Ministry of Information and Communications or
the provincial-level People's Committees shall issue license and stamp the two
sample copies and return one copy to the printing establishment. In the absence
of issuance of license, there must be a written reply clearly stating the
reasons.
5. Director of printing establishment shall take
responsibility before law for the printing of publications. Organizations and
individuals ordering the printing shall responsibility for the copyright for
publications to be ordered with the printing.
6. Publications printed for foreign
organizations and individuals must be exported 100%. In case released and used
in Vietnam, the procedures for publication import prescribed by this Law.
Article 35. Responsibility
of the head of publication printing establishment
1. Implementing the provisions of Articles 31,
32, 33 and clauses 1, 2, 4 and 5 of Article 34 of this Law; storing and
managing dossier of publication printing receiving as prescribed by the
Minister of Information andCommunications.
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3. Participating in training courses of
publication printing operation management profession held by State management
agencies on publishing activities.
4. Upon detection of publications with content
violations specified in Clause 1, Article 10 of this Law, the printing establishment
must stop printing and report to the competent state management agencies, at
the same time notify the publisher, agencies, organizations and individuals
which order the printing.
5. Taking responsibility before law for the
publication printing activities of the printing establishment.
Chapter 4.
PUBLICATION RELEASE
FIELD
Article 36. Activities of
publication release
1. The establishment of publication release
includes enterprise, public non-business units and household of publications
(hereafter referred to as releasing establishment)
Publishers are allowed for setting up
establishment of publication release.
2. The releasing establishments are enterprises,
public non-business units must register operation register with state
management agencies on publishing activities as prescribed in Clause 1, Article
37 of this Law.
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a) The head of releasing establishment must
reside in Vietnam, having diploma or certificate of professional knowledge on
the publication release issued by the establishment of training and fostering
of specialized publication release;
b) Having one of the following certificates:
business registration certificate, business registration certificate or
decision on establishment of public non-business unit in accordance with the
law;
c) Having business location of publication;
4. Operating conditions for releasing
establishment as business household:
a) Householder must permanently reside in
Vietnam;
b) Having business registration certificate;
c) Having business location of publications.
Article 37. Registration of
publication releasing operation.
1. Before operation, the releasing establishment
as enterprise, public non-business unit must register the publication releasing
operation with the State management agencies on the publishing activities in
accordance with the following provisions:
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b) The releasing establishment has its
headquarters and branches in the same one centrally-affiliated province and
city and register operation with the provincial-level People’s Committee.
2. The Minister of Information and
Communications shall regulate procedures and dossier for registration of
publication releasing operation.
Article 38. Issuance license
of publication import business operation
1. Domestic and foreign organizations and
individuals are allowed to import publications into Vietnam in accordance with
Vietnamese law and international agreements in which the Socialist Republic of
Vietnam is a member.
2. Establishment with the publication import
business operation (hereafter referred to as importer of publications
establishment) must have license of publication import business operation
issued by the Ministry of Information and Communications;
3. Conditions for issuance of license of
publication import business operation
a) Having one of the business registration
certificates, business registration certificate, investment certificate under
the provisions of law;
b) The head of importer of publications
must permanently reside in Vietnam and have diploma issued by establishment of
specialized training or certificate of knowledge fostering of publication
releasing profession issued by the Ministry of Information and Communications;
c) Having staff capable of evaluating the book
content in case of business of imported books.
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a) Application for issuance of license of
publication import business operation;
b) Certified copy of one of the types of paper
specified at Point a, clause 3 of this Article;
c) The curriculum vitae of the head of the
importer of publications together with certified copy of diplomas or
certificates prescribed at Point b, Clause 3 of this Article;
d).List of assessment staff of book content in
case of business of imported books
5. Within 30 days from the date of receipt of
dossier for license, the Ministry of Information and Communications shall issue
license of publication import business operation. In the absence of issuance of
license, there must be written reply clearly stating the reasons.
6. The Government stipulates in detail this
Article.
Article 39. Registration of
publication import for business
1. The publication import for business shall be
done by the importer of publications.
2. Before importing, the importer of
publications shall prepare dossier of import registration and send it to the
Ministry of Information and Communications and pay the fee as prescribed by
law. The Minister of Information and Communications shall detail the dossier
for registration of publication import.
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4. Where there is a change of information in the
dossier for registration of publicatio imported publications which have been
confirmed for, the importer of publications must have written report on the
content of the changed information, and register new information (if any) with
the Ministry of information and Communications to confirm additional registration.
5. The written confirmation of registration of
the Ministry of Information and Communications is a legal foundation for the
importer of publications to make importing procedures with the customs
authorities and is valid until completion of the importing procedures.
6. In case of detection of contents of
imported publications with violating signs of Vietnamese law, the
Ministry of Information and Communications has the right to refuse confirmation
of registration for publication import or request assessment of content of
those publications before the confirmation of importing registration.
Article 40. Reponsibility
of the head of establishment of publication release
1. Implementing the provisions of Articles 36,
37, 38 and 39 of this Law in the course of operation.
2. Complying with the license of publication
import operation, certificate of publication import registration; complying
with the contents of publication release registration.
3. Making report on the operation of the release
establishment and publication import establishment at the request of the State
management agencies on publishing activities.
4. Not being allowed for storing and releasing
publications with contents specified in Clause 1, Article 10 of this Law,
publications having no receipts and documents showing the legal origin or
suspended from release, revoked, confiscated, banned from circulation or
destroyed; Not being allowed for carrying on business of non-commercial
publications, publications printed for foreign countries.
5. Stopping the release and import of
publications and making report to the competent state agencies in case of
detection of publications with contents specified in Clause 1, Article 10 of
this Law.
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7. Participating in courses of training on legal
knowledge of publication held by State management agencies on publishing
activities.
8. Taking responsibility before law for
activities of publication release establishment and importer of
publications
Article 41. Issuing license
of non-commercial publications import
1. The import of non-commercial publications of
Vietnamese agencies, organizations and individuals and foreign organizations
operating in Vietnam, foreign individuals residing in Vietnam must be lissued
import license, , except where provided for in Article 42 of this Law and shall
pay a fee as prescribed by law.
2. Before importing non-commercial, agencies,
organizations and individuals must prepare dossier to request issuance of
import license under prescribed form as follows:
a) Agencies and organizations at the central level,
the Hanoi-based foreign organizations based shall send dossiers to the Ministry
of Information and Communications or the Hanoi People's Committee;
b) Agencies and other organizations and
Vietnamese individuals and foreign individuals shall send their dossiers to the
provincial-level People's Committee where they have headquarters or where there
is border gate through which publications are imported.
3. Dossier to request issuance of license of
non-commercial publications import includes:
a) Application for issuance of license under
prescribed form.
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4. Within 15 days from the date of receipt of
complete dossier, the competent state management agencies shall issue license.
In the absence of issuance of license, there must be written reply clearly
stating the reasons.
5. In case of detection of imported publications
with violating signs of Vietnamese law, the state management agencies on
publishing activities have the right to refuse to issue import license or
require agencies and organizations and individuals applying for import license
to provide a copy of publication for organizing assessment of content as the
basis for the decision on issuance of import license.
6. The assessment of publication content with
violating signs of Vietnamese law for making a decision on issuance of
non-business import license shall be carried out as follows:
a) The import licensing agency shall establish
the assessment board for each publication within 15 days from the date of
receipt of imported publications for assessment. The board includes qualified
experts for assessment;
b) The assessment time for each publication
shall not exceed 09 working days from the date the assessment board is
established;
c) Result of assessment must be made in
writing specifying the content of publication with or without violation of the
provisions of this Law and other provisions of the relevant law.
7. The Minister of Information and
Communications details the assessment of imported publications, coordinates
with the Minister of Finance to prescribe the expenditure of content assessment
of imported publications.
Article 42. Cases where
import of non-commercial publications without request of license issuance
1. Agencies, organizations and individuals who
shall not request issuance of license of non-commercial publications but only
make procedures prescribed by customs law in the case of import of the
following publications:
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b) Publication is the property of agency,
organization, family and individual for private use.
c) Publication in the luggage of person upon
entry used for personal needs;
d) Publications donated to agencies,
organizations and individuals by mail, delivery service at value not exceeding
the exemption standard under the provisions of law.
2. The import of publications of agencies,
organizations and individuals enjoying diplomatic privileges and immunities
shall comply with the provisions of the customs law, the law on privileges and
immunities for diplomatic representative agencies, foreign consular agencies
and representative offices of international organizations in Vietnam and
international agreements in which Vietnam is a member.
3. Publications specified at Points a and b,
Clause 1 of this Article, must be re-exported after use. In case transferred to
other agencies, organizations and individuals in Vietnam, the agencies,
organizations and individuals receiving shall make import procedures as
prescribed in Article 41 of this Law.
Publications specified at Points c and d, Clause
1 of this Article if having value exceeding the standard of tax exemption shall
be made procedures for issuance of import license as provided for in Article 41
of this Law.
Publications specified in Clause 1 of this
Article shall not be traded in any form.
4. Agencies, organizations and individuals must
take responsibility before law for publications they import.
5. Publications with content in violation of
Clause 1, Article 10 of this Law shall not be brought into Vietnam in any form.
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Publications were published and circulated
legally in Vietnam are exported to foreign countries.
Article 44. Publication
exhibitions and fairss
1. The organization of publication exhibitions
and fairsin Vietnam of Vietnamese and foreign agencies, organizations and
individuals must be licensed by the state management agencies on publishing
activities.
2. Competence to issue license for organization
of publication exhibitions and fairs.
a) The Ministry of Information and
Communications shall issue license to the agencies and organizations at the
central level, the foreign agencies, organizations and individuals;
b) Provincial-level People's Committees shall
issue icense to the agencies, organizations and individuals with their
headquarters at locality, branches, representative offices and units of
agencies, organizations at central level located at locality.
3. Dossier to request issuance of license of
organization of publication exhibitions and fairs includes:
a) Application for issuance of license clearly
stating purposes, time, locations and name of units participating in exhibition
and fair.
b) List of publications for exhibition and fair
as under the prescribed form.
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5. Agencies, organizations and individuals that
are issued license to organize exhibitions, fairs and publications shall:
a) Comply with the contents specified in the
license.
b) Examine and assess the publication content
before exhibition, introduction, and release at exhibitions and fairs;
c) Do not introduce into exhibitions, fairs the
publications with contents specified in Clause 1, Article 10 of this Law;
publications were suspended from release, revoked, confiscated, banned from
circulation, destroyed or publications without receipts, documents showing
legal origin;
d) Take responsibility before law for the
publication content introduced into exhibitions and fairs and activities of
exhibitions and fairs of publications.
6. State management agencies on publishing
activities may refuse to issue license for organization of publication
exhibitions and fairs or request organizations and individuals requesting
issuance of license to take the following publications out of the list of
publications:
a) Publications for exhibitions and fairs with
violating signs of provisions in Article 10 of this Law.
b) Publications for exhibitions and fairs
without legal origin;
c) Publications were suspended from release,
revoked, confiscated, banned from circulation and destroyed.
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PUBLISHING AND RELEASE
OF ELECTRONIC PUBLICATIONS
Article 45. Conditions for
publishing and release of electronic publications
1. The electronic publishing shall be done by
the publisher, organization or agency, having license of non-commercial
material publishing and must comply with the provisions of this Law.
The publisher shall perform electronic
publishing upon meeting the following conditions:
a) Having capacity of equipment, technology and
technical personnel to operate and manage the process of electronic publishing;
b) Having technical measures in accordance with
the provisions of state management agencies to prevent duplication and illegal
interference in the content of publications;
c) Having Vietnamese internet domain as
prescribed by the law to carry out electronic publishing on the Internet;
d) Having registered electronic publishing
activities with the state management agencies on electronic publishing
activities.
2. Agencies, organizations and individuals
performing the release of electronic publishing must meet the following
conditions:
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b) Having technical measures in accordance with
the provisions of state management agencies to prevent duplication, illegal interference
in the content of publications;
c) Having Vietnamese internet domain as
prescribed by the law to carry out electronic release of electronic
publications on the Internet;
d) Having registered activities of electronic
publication release with the state management agencies on publishing
activities.
Article 46. Method to
perform publishing and release of electronic publications.
1. Works and materials published for the first
time by the method of electronic publishing through publisher or must be issued
publishing license by the state management agencies on publishing as provided for
in Article 25 of this Law.
2. Publications were published, printed and
released legally shall be released on electronic media.
3. The publication and release of electronic
publications specified in clause 1 and 2 of this Article shall be made only
after obtaining the written approval of the author, the copyright owner under
the provisions of law on fintellectual property rights.
4. The transformation of electronic publications
to printed publications for dissemination to multiple recipients must comply with
the provisions of this Law and the law on intellectual property.
Article 47. Technique and
technology for publishing and release of electronic publications
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1. Comply with technical regulations and
technical guidance of the State management agency for electronic publications;
2. Comply with the provisions of the law on
telecommunications, information technology, e-commerce, e-transactions and
other provisions of the relevant law.
Article 48. Submitting
legal deposit of electronic publication and to National Library of Vietnam.
1. Publishers and organizations issued license
of non-commercial material publishing shall submit legal deposit of electronic
publications to the State management agencies on publishing activities as
stipulated in Article 28 of this Law and submit electronic publications to
National Library of Vietnam.
2. State management agencies on publishing only
use electronic publications legally deposited deposited in service of their
management.
3. National Library of Vietnam shall archive and
only use electronic publications in service of readers at the National Library
of Vietnam as prescribed by law.
Article 49. Advertising on
electronic publications
The advertising on electronic publications shall
comply with the following provisions:
1. Do not advertise in the content or disrupt
content of electronic publications in any form;
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Article 50. Responsibility
of agencies, organizations and individuals publishing and releasing electronic
publications
1. Publisher, General Director (Director),
editor, Chief Editor of the publisher are responsible for:
a) Implementing the provisions of Articles 18,
29, 22, 22, 23, 24, 27, 45, 46, 47, 48, 49 and 52 of this Law;
b) Ensuring the contents of electronic
publications to be released in accordance with the contents of electronic
publications legally deposited;
c) Implementing technical measures to prevent
interference in the content of publications or to remove illegal publications
at the request of competent state agencies;
d) Stopping the release of publications at the
request of the State management agencies on publishing activities;
e) Examining and monitoring associated
publications
2. Associated partner of publishing shall:
a) Implement the provisions of Articles 23, 45,
46, 47 and 49 of this Law;
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c) Implement technical measures to prevent
interference in the content of publications or to remove illegal publications
at the request of competent state agencies;
d) Stop the release of publications at the
request of the State management agencies on publishing activities.
3. Agencies, organizations, or individuals
releasing publications shall:
a) Comply with the provisions of Article 46 of
this Law and Points b, c and d, Clause 2 of this Article;
b) Comply with the written approval of the
author and the copyright owner;
c) Take responsibility before law for the
release of electronic publications.
4. Agencies and organizations which are issued
license of non-commercial materials shall:
a) Comply with the provisions of Clause 6,
Article 25 of this Law;
b) Implement technical measures to prevent
possible interference in the content of publications or remove publication with
violations at the request of competent state agencies.
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a) Implement the provisions at Points c and d,
Clause 2 of this Article;
b) Implement the provisions of the law on
intellectual property or request agencies, organizations and individuals using
services must comply with the regulations on intellectual property rights upon
release of electronic publications.
Article 51. Import of
electronic publications
Establishment of release and import of
electronic publications for business or dissemination must be issue license by
the state management agencies on publishing activities under the provisions of
this Law and other provisions of the relevant law.
Article 52. Detailed
regulation on publishing and release of electronic publications
The Government stipulates in detail the
activities of publishing and release of electronic publications to suit each
stage of technological development.
Chapter 6.
IMPLEMENTATION PROVSIONS
Article 53. Effect
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Article 54. Detailed
regulation and implementation guidance
Government, the competent authority shall detail
and guide the implementation of Articles and Clauses stated in the Law.
This Law was passed by the 8th
National Assembly of the Socialist Republic of Vietnam 4 th session
on November 20, 2012.
CHAIRMAN OF
NATIONAL ASSEMBLY
Nguyen Sinh Hung