Chương 5 Luật Báo chí 1989: Quản lý Nhà nước về báo chí

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.

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