Chương I Luật Báo chí 2016: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This law provides for freedom of press, freedom of speech in the press of the citizens; organization and operation of the press; rights and obligations of agencies, organizations and individuals that participate in and are related to press activities; State management over the press.

Article 2. Subjects of application

This Law applies to the agencies, organizations and individuals that participate in and are related to press activities in the Socialist Republic of Vietnam.

Article 3. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Press is the information product on the events and problems in social life that are expressed in words, images, sounds, are created and periodically published, released and transmitted to the general public through the type of the printed newspaper, talking newspaper, photo newspaper and online newspaper.

2. Press activities are the creation of journalistic works, journalistic products, information products information with journalistic characteristics; provide information and feedback to the press; correct information in the press; publish, print and release the printed newspapers, communicate the online newspapers and communicate and broadcast the talking newspapers and photo newspapers;

3. Printed newspaper is the type of press using the text, pictures and photos that are printed to release to the readers, including the printed newspapers and magazines.

4. Talking newspaper is the type of press using voice and sound transmitted and broadcast on technical infrastructure with different technological application.

5. Photo newspaper is the type of press using photos mainly in combination with voice, sound and text transmitted and broadcast on technical infrastructure with different technological application.

6. Online newspaper is the type of press using text, photos and sound transmitted on network environment, including the online newspapers and online magazines.

7. Journalistic work is the smallest constituent unit of the journalistic products with independent contents and complete structure, including news and articles expressed in text, sounds or photos.

8. Journalistic products are the printed newspapers and supplements of printed newspapers; complete contents of online newspaper; newsletters; radio channels, television channels; special column of online newspapers.

9. Newsletter is the journalistic products periodically published of the state news agency expressed in text, voice, sound and photos to convey the daily news in the country and in the world, or information of special subjects.

10. Broadcasting program and television program are the collection of news and articles in talking newspapers and photo newspapers for a subject in a certain amount of time with recognizable signs of opening and ending.

11. Radio channel and television channel are the journalistic products, including the broadcasting programs and television programs that are arranged stably and continuously and broadcast in a certain time frame with recognizable signs.

12. Supplement is extra pages in addition to the specified pages and are released with the main edition of the printed newspapers.

13. Home page is the information page firstly displayed of the online newspaper having the address of domain name specified in the operation license of the online newspaper.

14. Special column of online newspaper is the information page on a certain subject in accordance with the principles and purposes of the online newspaper having the subdomain name of the domain name specified in the operation license of the online newspaper.

15. Electronic magazine is the journalistic product periodically published with news and articles of specialized nature and is transmitted on the network environment.

16. Scientific magazine is the journalistic product periodically published to announce the results of scientific research and information on the specialized scientific activities.

17. Journalistic information products are the information products expressed in categories of press posted in newsletters, special issue or website of the agencies, organizations and businesses.

18. Newsletter is the information product with journalistic characteristics periodically published, which uses the news category to provide information on internal activities, professional instructions, results of research and application, result of seminars and conferences of the agencies, organizations and businesses.

19. Special issue is the information product with journalistic characteristics irregularly published based on event or subject.

20. Website is the information product with journalistic characteristics of the agencies, organizations and businesses, which provides general information on the basis of posting the link to access the journalistic information sources or provide verbatim and accurate quotation of journalistic information sources in accordance with regulations of law on intellectual property.

Article 4. Functions, duties and power of press

1. The press in the Socialist Republic of Vietnam is the essential media for social life; is the mouthpiece of the Party and State agencies, the social – political organizations, the social – political – occupation, the social organizations, the social – occupational organizations and is the people's forum.

2. The press has the following duties and power:

a) Provides the truthful information about the situation of the country and the world in line with the interests of the country and people;

b) Propagandizes, disseminates and contributes to the building and protection of guidelines of the Party and the policy and law of the State, achievement of the country and the world according to principles and purposes of press agencies; contributes to the political stability, social – economic development, raises the cultural standards and meets the needs of a healthy culture of people; protects and promotes the fine traditions of the nation, builds and promotes the socialist democracy; strengthens the bloc of great national unity and build and protect the Socialist Vietnam Fatherland;

c) Reflects and guides the social opinions and is the forum to exercise the people’s right to freedom of speech;

d) Detects and sets examples of good people and good deeds, new factors, advanced models; struggle, prevent and fight against the law violation and the negative phenomena in society;

dd) Contributes to maintaining the purity and development of Vietnamese language and languages of ethnic minorities of Vietnam;

e) Expands the mutual understanding between the countries and the peoples, participates in the career of the world people for peace, national independence, friendship, cooperation, sustainable development.

Article 5. State policies on press development

1. Have strategies and planning for development and management of journalistic system.

2. Make investment with focus and priority in the areas of training and re-training of personnel of professional skills and management of press activities, scientific research and application of modern technology for the press agencies.

3. Make order to the press in service of politics, security, national defense and foreign information and in service of youth and children, the deaf, the blind, people of ethnic minority areas, areas with extremely difficult socio - economic conditions, deep-lying and remote areas, mountainous areas, border areas and island and other critical tasks in line with each stage as decided by the Prime Minister.

4. Provide assistance to the freight of newspaper transport in service of duties, subjects and areas specified in Clause 3 of this Article.

Article 6. Contents of state management over the press

1. Develop, direct and implement the strategies, planning and plan for press development.

2. Issue and follow the legal normative documents on press; develop the regime and policies on press.

3. Provide information for the press and manage the information of the press;

4. Provide the training and re-training to improve the political and professional level, occupational ethics for the contingent of journalist of press agencies and officials in charge of press management.

5. Manage the scientific and technological activities in the area of press.

6. Issue and revoke the types of permit in press activities and press card.

7. Manage the international press cooperation, the activities of Vietnamese press agencies pertaining to foreign countries and the activities of foreign press in Vietnam.

8. Inspect the legal deposit of press and manage the system of national legal deposit of press.

9. Direct and implement the regime of information, report, statistics, commendation and discipline in press activities.

10. Inspect and handle the violation of law on press.

Article 7. State management agency of press

1. The Government performs the uniform state management over the press.

2. The Ministry of Information and Communications takes responsibility before the Government for performing the state management over the press.

3. The Ministries and ministerial agencies within their duites and power shall cooperate with the Ministry of Information and Communications to perform the state management over the press.

4. The provincial People’s Committee within their duites and power shall perform the state management over the press at their localities.

Article 8. Vietnam Journalists Association

1. The Vietnam Journalists Association is a social - political – professional organization which is established and operating under the regulations of law on association.

2. The Vietnam Journalists Association has the following duties and power:

a) Protects the legitimate rights and interests of its members;

b) Issues and implements the regulations on journalist’s occupational ethics.

c) Contributes opinions to develop the strategies, planning, plans and policies on development of press and legal normative documents of press;

d) Participates in appraisal of journalistic products upon the requirement of competent state agencies.

dd) Provides the occupational ethics and journalistic profession for its members;

e) Coordinates with the state management agency to propagandize and disseminate the law on press;

g) Participates in monitoring the compliance with law on press; perform the international cooperation in accordance with regulations of law;

h) Organizes the press contest to honor the authors and group of authors having the journalistic products with high quality and positive social effect.

Article 9. Prohibited behaviours

1. Posting and release of information against the Socialist Republic of Vietnam with the contents:

a) Distort, defame and deny the people's government;

b) Fabricate and cause panic among people;

c) Cause the psychological warfar.

2. Post and and release information with the content which:

a) Causes division among classes of people, among the people with the people's government, the people's armed forces, political organizations, political - social organizations;

b) Causes hatred, discrimination, divisions, ethnic separatism, infringement of equal rights of ethnic communities in Vietnam;

c) Causes the division between religious people and non-religious people, between the followers of different religions, division of religious believers with the people's government, political organizations, political – social organizations and insults the religious beliefs;

d) Undermines the implementation of policies on international solidarity.

3. Posts and and releases information inciting war against the independence, sovereignty and territorial integrity of the Socialist Republic of Vietnam.

4. Distorts history; denies the revolutionary achievements; offends the nation and national heroes.

5. Discloses information included in the list of state secrets, privacy and confidentiality of individuals as prescribed by law.

6. Provides information advocating the bad practices, superstition; provide information about the mysteries causing puzzle in society, adversely affecting the order and social safety and health of the community.

7. Incites violence; propagandizes the depraved lifestyle; meticulously describes lewd acts, criminal behaviour; provides information which does not match the habits and customs of Vietnam.

8. Provides false information, distorts, slanders or hurts the prestige of organizations, agencies, honor and dignity of individuals; attributes guilt upon no judgement from the Court;

9. Provides information which affects the normal physical and spiritual development of children.

10. Prints, releases, transmits and broadcasts the journalistic products, works or contents of information in the journalistic works suspended from release, revocation, confiscation, banned from circulation, removed, destroyed or the contents of information which the press agency has corrected.

11. Obstructs the printing, distribution, transmission and broadcasting of journalistic products, information products with legal journalistic characteristics to the public.

12. Threatens or intimidates life, hurts the honor and dignity of journalists, reporters; destroys, seizes vehicles, documents and obstructs journalists, reporter from professional activities in accordance with regulations of law.

13. Posts on the products the information with journalistic characteristics specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 of this Article.