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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
98/CP
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Hanoi,
September 13, 1997
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DECREE
PROMULGATING THE
OPERA-TING RULES OF THE VIETNAMESE PRESS RELATED TO FOREIGN COUNTRIES
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to the Press Law of December 28, 1989;
In order to strengthen the management and ensure favorable conditions for the
activities of the Vietnamese press related to foreign countries;
At the proposals of the Minister of Culture - Information and the Minister for
Foreign Affairs,
DECREES:
Article 1.- To issue together with
this Decree:
The Operating Rules of the Vietnamese Press
Related to Foreign Countries.
Article 2.-
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2. An agency, organization or individual that
violates the provisions of these Rules shall be handled according to the law in
force in Vietnam depending on the extent of their violations.
Article 3.- This Decree takes
effect 15 days after its promulgation. The earlier regulations which are
contrary to the Rules issued together with this Decree are now annulled.
The Minister of Culture - Information and the
Minister for Foreign Affairs shall have to issue a circular guiding the
implementation of the Rules issued together with this Decree not later than
September 30, 1997.
Article 4.- The Ministers, the
Heads of the ministerial-level agencies, the Heads of the agencies attached to
the Government, the Presidents of the People�s Committees of the
provinces and cities directly under the Central Government shall have to
implement this Decree.
ON BEHALF OF
THE GOVERNMENT
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Phan Van Khai
OPERATING RULES OF THE VIETNAMESE PRESS RELATED TO
FOREIGN COUNTRIES
(Issued together with Decree No.98-CP of September 13, 1997 of
the Government)
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GENERAL PROVISIONS
Article 1.- The activities of the
Vietnamese press bearing on foreign countries mentioned in these Rules include:
1. Press distribution, broadcasting of
Vietnamese radio and television programs destined for foreign countries;
2. Setting up of press offices of the Vietnamese
representative offices in foreign countries; printing the press and
broadcasting Vietnamese radio and television programs abroad;
3. Sending journalists and correspondents
abroad;
4. Setting up representative offices of the
Vietnamese press in foreign countries;
5. Supplying news, articles, pictures and photos
to foreign press;
6. Activities of the Vietnamese press in
cooperation with foreign countries;
7. Hiring foreign specialists and collaborators.
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1. Press agencies, parent organizations of the
press, organizations of the Vietnam Journalists� Association;
2. The heads of the press agencies, and
organizations of the Vietnam Journalists Association;
3. Vietnamese journalists (as stipulated in
Article 14 of the Press Law);
4. Correspondents and editors of Vietnamese
press agencies;
5. Foreigners working at press agencies and organizations
in Vietnam;
6. Agencies, organizations or individuals
related to the activities of the Vietnamese press bearing on foreign countries.
Article 3.- The Ministry of
Culture - Information of the Socialist Republic of Vietnam (hereunder referred
to as Ministry of Culture - Information) is the agency performing the function
of State management over the activities of the Vietnamese press related to
foreign countries and giving permission to the activities of the Vietnamese
press bearing on foreign countries as stipulated in Article 1 of these Rules.
The Ministry of Culture - Information shall have to work out a regime of
consulting the specialized agencies of the Party regarding the above
activities.
Article 4.- All activities of the
subjects of the Vietnamese press related to foreign countries stipulated in
Article 2 of these Rules shall have to be conducted in conformity with Clause 5
of Article 6 and Article 10 of the Press Law and other stipulations of
Vietnamese law.
Chapter II
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Article 5.-
1. Press distribution and the broadcasting of
Vietnamese radio and television programs destined for abroad must ask for
permission of the Ministry of Culture - Information. The application dossier
shall comply with the prescriptions of the Ministry of Culture - Information.
2. The accessing of information to the INTERNET
shall comply with the "Provisional Regulation on the Management,
Establishment and Use of the INTERNET Network in Vietnam" issued together
with Decree No.21-CP of March 5, 1997 and subsequent guiding circulars.
Article 6.-
1. The Ministry of Culture - Information shall
issue permits for the distribution of the press and the broadcasting of Vietnamese
radio and television programs destined for abroad within 30 days after full
reception of the valid dossier.
In case of refusal, the Ministry of Culture -
Information shall have to inform in writing the applicant agency or
organization and have to state the reason therefor within 30 days after full
reception of the valid dossier.
2. Within 90 days after the date of approval
written in the permit, if the activities applied for do not begin, the permit
shall automatically be invalidated.
3. The agency or organization which has been
granted the permission shall have to comply strictly with the provisions
written in the permit. If it wants to change any of these provisions, it has to
reapply for permit.
Chapter III
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Article 7.- The establishment of
the press agencies of the Vietnam representative offices in foreign countries, the
press printing and broadcasting of Vietnam radio and television programs abroad
must comply with the law of the country where they are located and must be
conducted in accordance with the provisions of these Rules and the Vietnam
Press Law.
Article 8.-
1. The Vietnam representative offices in foreign
countries which want to establish their press agencies; the agency or
organization which wants to print the press and broadcast Vietnam radio and
television programs abroad, after getting the approval of the Vietnam Ministry
for Foreign Affairs, must ask for permission of the Vietnam Ministry of
Culture-Information. The applying dossier shall comply with the prescriptions
of the Vietnam Ministry of Culture - Information.
2. The Ministry of Culture - Information shall
issue the permit for the establishment of the press agencies of the Vietnam
representative offices in foreign countries; for the printing of the press in
and the broadcasting of Vietnam radio and television programs to foreign
countries within 30 days after full reception of the valid dossier.
In case of refusal, the Ministry of Culture -
Information shall have to inform in writing the applying agency or organization
and to state the reason therefor within 30 days after full reception of the
valid dossier.
3. The agency or organization that is issued the
permit shall have to strictly comply with the provisions in the permit. If it
wants to change any provision it shall have to reapply for permit.
Article 9.- The Vietnam representative
office in the foreign country which has the press agency must:
1. Take responsibility for all activities of its
press agency;
2. Periodically inform the Ministry of Culture -
Information and the Vietnam Diplomatic Representative Office in that country
about the activities of the press agency.
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SENDING JOURNALISTS AND CORRESPONDENTS ABROAD
Article 10.-
1. A press agency or an organization of the
Vietnam Journalists� Association which
wants to send journalists or correspondents abroad for press activities must consult
the Ministry of Culture - Information and send it the dossier of such persons.
The dossier shall comply with the prescriptions of the Ministry of Culture -
Information.
2. The Ministry of Culture - Information shall
approve in writing the sending of journalists or correspondents for press
activities within 15 days after full reception of the valid dossier(s).
In case of refusal, the Ministry of
Culture-Information shall inform the consulting agency or organization and must
state the reason therefor within 15 days after full reception of the valid
dossier(s).
Article 11.- The head of the press
agency or the organization of the Journalists association must:
1. Take responsibility for the personnel and the
contents of the activities of the journalists or correspondents sent abroad;
2. Inform the Ministry of Culture - Information
and the Vietnam diplomatic representative office in that country of the results
of the activities of the journalists or correspondents sent to that country.
Chapter V
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Article 12.-
1. A press agency which wants to set up a
Permanent Press Office in a foreign country must apply for permission from the
Ministry of Culture - Information. The applying dossier shall conform with the
prescriptions of the Ministry of Culture - Information.
2. The Ministry of Culture - Information shall
issue a permit for setting up a Permanent Press Office in the foreign country
within 30 days after full reception of the valid dossier.
In case of refusal, the Ministry of Culture -
Information must inform in writing the applying press agency and must state the
reason therefor within 30 days after full reception of the valid dossier.
3. Within 90 days after the date of approval
written in the permit, if the press agency has not begun to operate, the permit
shall automatically be invalidated.
Article 13.- The head of the press
agency having a Permanent Press Office in a foreign country must:
1. Take responsibility for the activities of the
permanent press office in that foreign country;
2. Periodically report to the Ministry of
Culture - Information and the Vietnam Diplomatic Representative Office in that
country on the activities of the Permanent Press Office in that country.
Chapter VI
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Article 14.- Journalists,
correspondents and editors who want to supply news, articles, pictures or
photos to or to cooperate in any form with foreign press must have the approval
of the head of the press agency where they work.
Article 15.- The head of the press
agency must:
1. Take responsibility for the contents of the
news, articles, pictures and photos supplied to the foreign press;
2. Send to the Ministry of Culture - Information
the news, articles, pictures and photos sent to the foreign press according to
the regime of submitting copyright deposit.
Chapter VII
ACTIVITIES OF COOPERATION OF THE VIETNAM PRESS WITH
FOREIGN COUNTRIES
Article 16.-
1. A press agency or an organization of the Journalists
Association before signing a document on cooperation with a foreign country
must consult the Ministry of Culture - Information and send it the draft of
that document.
2. The Ministry of Culture - Information shall
approve in writing the document on cooperation with the foreign country within
15 days after reception of the draft document on cooperation.
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Article 17.- The cooperation of
the Vietnam press with foreign countries must conform with the current
prescriptions of Vietnamese law.
Article 18.- The head of the press
agency or organization of the Journalists Association must:
1. Take responsibility for the activities of
cooperation of the Vietnam press with foreign countries (signing cooperative
documents, implementing the terms of cooperation);
2. Periodically report to the Ministry of Culture
- Information on the implementation of the cooperative terms with foreign
countries.
Chapter VIII
HIRING FOREIGN SPECIALISTS AND COLLABORATORS
Article 19.-
1. A press agency which wants to hire foreign
specialists or collaborators (foreigners for short) must consult the Ministry
of Culture - Information. The consulting dossier shall conform to the
regulations of the Ministry of Culture - Information.
2. The Ministry of Culture - Information shall
approve in writing the document on hiring foreign specialists and collaborators
within 15 days after full reception of the valid dossier.
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Article 20.- The hiring of
foreigners to work for a Vietnam press agency shall conform to the
prescriptions of the Labor Code on the granting of the labor permit for
foreigners working in Vietnam and must not violate the stipulations in the
Regulations on the information and press activities of foreign correspondents
and the foreign agencies and organizations in Vietnam issued together with
Decree No.67-CP of October 31, 1996 of the Government.
Article 21.- The head of the press
agency must:
1. Take responsibility for the activities under
the contract of the foreigner(s) working at his press agency;
2. Periodically report to the Ministry of
Culture - Information on the implementation of the contract of the foreigner(s).