Luật Báo chí 1989 số 29-LCT/HĐNN8

LAW

OF THE NATIONAL ASSEMBLY No.29-LTC/HDNN8 DATED 28/12/1989 ON PRESS

To ensure the right of the press freedom, speech freedom in the press of people in conformity with interests of the Socialism and the people;
To promote the role of press in the cause of construction and defense of the Socialism and the Fatherland upon the renewal of the Communist Party of Vietnam;
Pursuant to Article 4, Article 67 and Article 83 of the Constitution of the Socialist Republic of Vietnam;
This law prescribes the press regime.

Chapter 1:

GENERAL PROVISIONS

Article 1. The role and functions of the press

Press in the Socialist Republic of Vietnam is the essential mass media for social life; is the mouthpiece organ of the Party organizations, State agencies, and civil society organizations (hereinafter referred to as organizations); is the people's forums.

Article 2. Ensuring freedom of the press, freedom of speech in the press

The State shall create favorable conditions for citizens to exercise freedom of press, freedom of speech in the press and promote the role of press properly.

Press, journalists operate in the framework of the law and are protected by the State, and no organization or individual shall restrict or obstruct the operation of press and journalists. No one can abuses freedom of press, freedom of speech in the press to violate the interests of the State, collectives and citizens.

The press is not censored before publication or broadcast.

Article 3. The types of press

The press referred to in this Law is the Vietnamese press, including: the printed press (newspapers, magazines, news bulletins, newsletters), the audio press (radio programs), the visual press (television programs, audio-visual news programs made by various technical means) in Vietnamese language, the languages of ethnic minorities in Vietnam, or foreign languages.

Chapter 2:

RIGHT OF THE PRESS FREEDOM, SPEECH FREEDOM IN THE PRESS OF CITIZENS

Article 4. The right of press freedom, speech freedom in the press of citizens have the rights:

1 – Be informed by the press all aspects about the domestic and world situation;

2 – To contact, provide for information to the press agencies and journalists; to send news, articles, photographs and other works to the press without being censored by the organization or individual; and be responsible before the law and legislation on information contents;

3 - To express opinions on the situation of the country and the world;

4 – To contribute opinions in the formulation and implementation of the Party’s lines, directions and policies, the State’s laws;

5 - To contribute comments, criticize, propose, complaint, accuse the organizations of the Party and State agencies, social organizations, its members in the press.

Article 5. The responsibilities of the press for freedom of press, freedom of speech of citizens in the press

The press bodies are responsible for:

1 – Publishing, broadcasting citizen’s works and opinions; replying and stating clearly the reason in case of failure to publish or broadcast;

2 - Replying or asking the organization, responsible person to respond by letter or in the press about the proposals, complaints and denunciations whisch are sent by citizens.

Chapter 3:

TASKS AND POWERS OF THE PRESS

Article 6. Tasks and powers of the press

The press shall have the following tasks and powers:

1.To convey true information on the domestic and world situation;

2. To disseminate, popularize the Party’s lines, directions and policies, the State’s laws, cultural, scientific, technical achievements of the country and the world, according to the guiding principles and objectives of the press bodies; to contribute the raise of the people’s knowledge, meeting the people’s fine cultural needs, protection of the nation’s fine traditions, building and development of the socialist democracy, strengthening the entire people’s unity bloc, building and defense of the nation;

3. To reflect and guide social opinion; to be as a forum for people to exercise the right of speech freedom;

4. To discover and display good persons, new factors; to combat against the violations of law and other negative phenomena in the society;

5. To broaden the mutual understanding between the countries and nations, to take part in the world people’s cause for peace, national independence, democracy and social progress.

Article 7. Provide for information to the press

Within the scope of its powers, its tasks, the organizations have the right and obligation to provide information to the press, helping the press to convey information accuratly, timely and take responsibilities before law for information content.

For cases under investigation or have not yet tried, the agencies which conduct the proceedings have the right not to provide information to the press, but press ia entitled to convey the information from their resources and take responsibility before law for information content.

Press has the right and obligation not to disclose the name of the person who provides information if such disclosure cause harms to that person, unless requested by the Chief Procurator of the People or the provincial-level or equivalent or more Tribunal presidents of People's Court in the case it is necessary for the investigation and trial of serious crimes.

Article 8. Reply in the press

The Heads of the press has the right to request the organizations, persons holding position to repond the problems which citizens convey in the press; organizations, persons holding position are responsible for respond in the press.

Organizations and citizens have the right to request the press to repond the problems which citizens convey in the press; press bodies are responsible for answering.

Press agencies which detect or receive complaints and denunciations by citizens about the signs of crime must report immediately to the investigating agencies or the Procuracy in writing, the investigating agencies, the Procuracy are responsible for receiving the information and responding to the press on the solutions.

Article 9. Correction in the press

If the press conveys untrue or distorted information, slanders or infringes upon the prestige of organizations, the honor or dignity of individuals, it must correct and apology or issue, broadcast a correction or apology of organization, citizen. In cases the press bodies fail to make corrections or make unsatisfied corrections; fail to publish or broadcast organizations’ or individuals’ speeches of correction without legistimate reason, such organizations or individuals shall have the right to lodge complaints to the governing agencies of such press bodies or initiate a lawsuit at court.

The correction of the press agencies, of organizations and citizens must be published, broadcast timely and matches with the information which needs correction.

Article 10. Matters not to be published in the press

For the purpose of proper use of the right of speech freedom in the press, the media must comply with the following conditions:

1 – Not to incite people against the State of Socialist Republic of Vietnam, undermine the unity of the people;

2 - Not to incite violence, propagate aggressive wars, sow hatred among nations and peoples, incite obscenity, demoralization and crime;

3 - Not to reveal state secrets: secrets of military, security, economy, foreign relations and other confidentiality promulgated by law;

4 - Not to give false information, misrepresentation, slander for insulting the honor of the organization, the honor and dignity of citizens.

Chapter 4:

ORGANIZATIONS OF THE PRESS AND JOURNALISTS

Article 11. Press bodies

Press bodies mean the agencies performing a type of press mentioned in Article 3 of this Law.

Article 12.- Governing agencies of the press bodies

Governing agencies of the press bodies are organizations applying in their own names for press activity permits and directly managing the press bodies.

Parent agencies of the press bodies shall have the following tasks and powers:

1. To determine and direct the implementation of the guiding principles, the objectives, the objects of their service and the main scope of issuance; the broadcasting capacity, time, frequencies and range, and the languages used by the press bodies as prescribed in their permits;

2. To appoint, dismiss the heads of their dependent press bodies after consulting with the State management agencies in charge of the press;

Article 13. The Heads of the press bodies

1 - The head of the press body is the Editor in Chief (printed press) or General Director, Director (radio, television and agency to produce audio-visual news programs);

2 - The head of the press body must be a Vietnamese citizen, having a permanent address in Vietnam, meeting the standards of political, ethical and professional journalism prescribed by the State;

3 - The head of the press body leads and manages the press in all aspects, ensuring the implementation of guiding principles, objectives, objects of service of the press body and be responsible before the head of the governing agency and before the Law for all activities of the press body.

Article 14. Journalists

Journalists must be a Vietnamese citizen, having permanent address in Vietnam, meeting the political, ethical standards and professional journalism prescribed by the State; working or cooperating regularly with a Vietnam press body and granted journalist cards.

Article 15.- Rights and obligations of journalists

The journalists shall have the following rights and obligations:

1 - Journalists have the right and obligation to convey truthful information, reflect the opinions and aspirations of the people, contribute the implementation of the press freedom, speech freedom in the press of citizens;

2 - Journalists have the right to carry out the press activities in the territory of the Socialist Republic of Vietnam;

3 - Journalists are responsible for the contents of their journalistic works; have the right to refuse to compile or to participate in the compilation of journalistic works contrary to this Law;

4 - Journalists are enjoyed a number of necessary priorities, incentives for their journalistic activities in accordance with the regulations of the Council of Ministers;

No one is allowed to threaten or menace the journalists’ life, infringe upon their honor and dignity, destroy, seize or confiscate their means of operation and/or documents or prevent them from carrying out lawful professional activities.

No one is allowed to abuse the journalist’s title to commit law violations

Article 16. Vietnam Journalist Association

Vietnam Journalist Association has the right and obligation to participate in building and contributing to implementation of the press – information policy; to protect the lawful rights and interests of journalists.

Chapter 5:

STATE MANAGEMENT OVER PRESS

Article 17. State management over the press

State management over the press shall include:

1. Elaborating press legislation, master planning, plans; policies of press development, press financing, and policies for journalist;

2. Promulgating regulations on press activities and granting press activity permits;

3. Guiding and inspecting the implementation of orientations and tasks of the press and regulations of press legislation; handling violations according to law;

Within the scope of duties and powers, the Council of Ministers exercise State management over the press in the country, the People's Committees of provinces and cities directly under the Central Government or equivalent level exercise State management of local newspapers upon the decentralization stipulated by the Council of Ministers.

Article 18. Conditions of the press operations

Organizations wishing for establishing press body must have the following conditions:

1 – Having qualified personnel to be head of the press body as stipulated in Article 13 of this Law;

2 – Clearly defining the name, guiding principles, the objectives, the objects of their service and the main scope of distribution; the broadcasting capacity, time, frequencies and range, and the languages used by the press bodies;

3 – Having head office and other necessary conditions to ensure the operation of the press body.

Article 19. Granting of permits for press activities

Press bodies must have press permits granted by the State management agencies in charge of the press for their activities. In case of refusal to grant the permit, the involved State management agency in charge of the press shall, within 30 days after receiving the dossier of application for press activity permit, have to reply, clearly stating the reasons therefore. The organization rejected to grant permit may lodge a complaint to the President of the Council of Ministers.

Article 20. Validity of press permit

Press bodies must comply with the provisions in the permit; the press bodies must re-apply for the press permit if they want to change the name, guiding principles, the objectives, the objects of their service and the main scope of issuance.

The determination, changing of broadcasting capacity, time, frequencies and range must be permitted by the State management agencies on radio frequency.

It is not allowed to transfer the press permits to other agencies or organizations

Article 21. Publishing other press publications, broadcasting special programs or additional programs

Press bodies and other organizations wishing for publishing special issues, supplements; radio and television stations wishing to broadcast special program, additional programs which are different from guiding principles, the objectives, and language stated in the press permit must apply for permit to the State management agencies in charge of the press.

Article 22. Printing the press, broadcasting radio and television programs

Printing establishments are responsible for executing the contracts, ensuring the distribution time of the press; it is not allowed to print publications without permits or re-print press works which have been banned from circulation by order of the State management agencies in charge of the press.

Technical establishments broadcasting for radio and television station are responsible for ensuring the broadcasting range as prescribed.

Radio stations, television stations and establishments making audio-visual news programs are not allowed to broadcast the contents of those press works which, by issued orders that have been banned from circulation or confiscated.

Article 23. Depositary

Printed press must deposit before the release; audio press and visual press must be kept manuscripts, films, tapes, disks, audio recordings, video recordings in accordance with the regulations of the Council of Ministers.

Article 24. Press issuance

Press bodies can issue the press or mandate to registered organizations, individuals to issue the press.

No one shall obstruct the press issuance to the reader, if it is not banned, by orders, from circulation.

No organization or individual is allowed to circulate press publications without press permit or banned by orders.

The press is allowed to publish, broadcast advertisement and collect advertising fees. Advertising content must be separated from propagation content and not violated the provisions of Article 10 of this Law.

Article 26. Press Conference

Organizations and citizens wish for the press conference must notify to the State management agencies in charge of the press. The press conferences, which have the contents violated the provisions of Article 10 of this Law, are strictly prohibited.

Chapter 6:

REWARD AND HANDLING OF VIOLATIONS

Article 27. Reward

Press bodies, journalists, organizations and citizens having achievements and dedications to journalistic activities shall be rewarded according to the regulations of the State. Journalists making ​​outstanding achievements are awarded state honors.

Article 28. Handling of violations

1. Press bodies, other organizations violating the regulations on press activity permits, the information content in the press, the correction due to false information, misrepresentation, slander and other provisions of this Law shall, depending on the nature and seriousness of their violations, be subject to warning, fines, withdrawal or confiscation of publications and audio-visual tapes and/or discs, temporary suspension of publication or withdrawal of permits as prescribed by regulations of sanction of administrative violations.

Press bodies, citizens providing information to cause harms to the interests of other organizations, citizens shall have to pay compensation for the damages in accordance with the provisions of the civil legislation.

2. The person who is primary responsible for acts prescribed in Clause 1 of this Article shall, depending on the level of seriousness, be disciplined, be administratively sanctioned or examined for penal liability.

3. Any person violating the regulations on the supply of information, responses on the press, establishment of the press bodies, press distribution, advertisements or press conferences; obstructing press activities, infringing upon the honor or dignity of journalists, or violating other provisions of this Law shall, depending on the level of

Chapter 7:

FINAL PROVISIONSTOP OF FORM

Article 29

This law replaces the Law No.100 SL-L002 dated May 20, 1957 stipulating the regime of press.

The previous regulations which are contrary to the provisions of this Law are all now annulled.

Article 30

Pursuant to the provisions of this Law, the Council of Ministers issue the regulations on the foreign press activities in Vietnam and regulations of the Vietnamese press related to foreign countries.

Article 31

The Council of Ministers shall promulgate in detail the implementation of this Law.

This Law was passed by the VIII^th National Assembly of the Socialist Republic of Vietnam at its 6th session on December 28, 1989.

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This translation is made by THƯ VIỆN PHÁP LUẬT, Ho Chi Minh City, Vietnam and for reference purposes only. Its copyright is owned by THƯ VIỆN PHÁP LUẬT and protected under Clause 2, Article 14 of the Law on Intellectual Property.Your comments are always welcomed