Chương III Luật Báo chí 2016: Tổ chức báo chí

Chapter III

PRESS ORGANIZATION

Section 1. PRESS LINE AGENCY

Article 14. Subjects permitted to establish the press agency

1. The Party agencies, state agencies, social – political organizations, the social – political – occupation, the social organizations, the social – occupational organizations, religious organizations from provincial level or the equivalent or higher level operating legally in accordance with the regulations of Vietnam are permitted to establish the press agencies.

2. The university education organizations in line with regulations of the Law on university education, the scientific research and technological development organizations organized in the form of academy or institute in accordance with the provisions of the Law on science and technology; provincial-level hospitals or the equivalent or higher level are permitted to establish the scientific magazines.

Article 15. Power and duties of press line agency

1. The press line agency is the agency or organization specified in Article 14 of this Law shall request the issue of press operation permit, establish and directly manage the press agencies.

2. The press line agency has the following powers:

a) Determines the type of press, principles, purposes, subjects to be served, expression language of each type, journalistic product, duties and operational orientation of the press agencies;

b) Appoints the head of press agency after there is a written agreement from the Ministry of Information and Communications;

c) Removes, dismisses the head of the press agency and sends a written notice of this removal or dismissal to the Ministry of Information and Communications;

d) Inspects and examines the activities of the press agencies; apply the commendation and discipline in accordance with regulations of law.

3. The press line agency has the following duties:

a) Directs the press agencies to follow the principles, purposes, duties, operational orientation, personnel organization and takes responsibility for the activities of the press agencies;

b) Guarantees the initial funding source and necessary conditions for the activities of the press agencies;

c) Deals with the complaints and denunciation to the press agencies and individuals under the management authority in accordance with regulations of law.

4. The heads of the press line agencies must not hold the position of the head of press concurrently and shall take responsibility before law within the duties and powers to the violations of the subordinate press agencies.

Section 2. PRESS AGENCY

Article 16. Press agency

The press agency is the mouthpiece of the agencies and organizations specified in Article 14 of this Law, performs one or some types of press, has one some journalistic products in accordance with the provisions of this Law.

Article 17. Conditions for issue of press operation permit

1. Determining the line agency; subjects to be served, program, time, amount of time, mode of transmission or broadcasting (for talking newspaper and photo newspaper); domain name, place of server and connection service provider (for electronic newspaper).

2. Having the plan for organization and personnel to ensure the activities of the press agency; have the qualified personnel specified in Clause 2, Article 23 of this Law to assume the position of head of press agency.

3. Having the name and form of presentation of name of press agency, name and form of presentation of name of journalistic publications; name andsymbol of radio channel and television channel; name and form of form of presentation of special column of online newspapers.

4. Having the head office and conditions of material facilities, financial plan, technical solutions to guarantee the safety and security of information. For the online newspapers, there must be at least one registered domain name “vn” in line with the name of newspaper and use of server system placed in Vietnam. For talking newspapers and photo newspapers, there must be plans to lease or use the transmission and broadcasting infrastructure.

5. Being consistent with the plan for development and management of press nationwide approved by the Prime Minister.

Article 18. Press operation permit

1. The organizations and individuals specified in Article 14 of this Law, meeting the conditions specified in Article 17 of this Law, if wishing to establish the press agency, should send dossier directly or by post to request the Ministry of Information and Communications to issue the press operation permit.

The dossier and procedures for issue of press operation permit are stipulated by the Minister of of Information and Communications.

2. Within 90 days after fully receiving the valid dossier, the Ministry of Information and Communications shall issue the press operation permit or shall inform in writing and indicate the reasons in case of refusal.

3. After being issued with the press operation permit, the press line agency shall issue the decision to establish the press agency and announce on the mass medium.

4. After 03 months for the printed newspapers and online newspapers and 09 months for the talking newspapers and photo newspapers, from the effective date of the press operation permit, if the press agency is not established or does not have its journalistic products, the permit shall be invalidated. The Ministry of Information and Communications shall revoke this permit.

5. Within 30 days before the estimated end date of operation, the press agency must inform in writing the Ministry of Information and Communications to revoke the press operation permit and make an announcement on the mass media.

6. Where the operation permit has been revoked in accordance with the provisions in Clause 4 and 5 of this Article, if wishing the re-issue of permit, the press line agency shall request in writing the Ministry of Information and Communications to re-issue the permit. In case of change of contents compared with the issued permit, the line agency shall send dossier to request the Ministry of Information and Communications to issue the permit as stipulated in Clause 1 of this Article.

Article 19. Change of the line agency of the press agency

In case of change of the line agency of the press agency, the line agency specified in the permit shall inform in writing to terminate its press activities and send it to the Ministry of Information and Communications; the agency or organization shall receive the procedures for issue of permit as stipulated in Article 18 of this Law.

Article 20. Change of contents specified in the press operation permit

1. Within 05 days after the change of location of head office, telephone, fax, email, time of release, internet service provider, the press agency must inform the state management agency of the press.

2. In case of change of name of press line agency, name of press agency, principles, purposes, name of journalistic publications, supplement, special column of online newspapers, radio channels and television channels, broadcasting location, location of head office of the network operation center; mode of transmission and broadcasting; amount of time of radio channels and television channels, domain name of special column and online newspaper, the line agency must send dossier to the Ministry of Information and Communications for modification or addition of the permit.

The dossier and procedures for modification or addition of the press operation permit shall be stipulated by the Minister of Information and Communications.

3. In case of change of form of presentation and location of name of publication, supplement, symbol of radio channels and television channels, publishing period, number of pages, size and the change of contents not specified in Clause 1 and 2 of this Article, the press line agency shall request in writing the Ministry of Information and Communications. The change is only made after there is a written approval from the Ministry of Information and Communications.

Article 21. Type of operation and revenues of press agency.

1. The press agencies operate under the type of non-business units with revenues.

The scientific magazines operate in line with the type of line agency.

2. The revenues of the line agency are:

a) The revenues allocated by the press line agency;

b) The revenues from selling newspapers and right to see the journalistic products, advertisements, exchange and sale of copyright of contents;

c) The revenues from business activities and services of the press agencies and theor subordinate units;

d) The revenues from the legal assistance of domestic and foreign organizations and individuals.

Article 22. Representative office and resident reporter of press agency

1. Conditions for representative office:

a) Having office to works as representative office;

b) The head of the representative office must have the press card issued by the press agency having its representative office and must not be disciplined from the form of reprimand or heavier as stipulated by the law on public servants and officials and the law on labor within 01 year by the time of opening of the head office.

2. The resident reporter independently operating must have the press card issued by the press agency which sends its resident reporter and must not be disciplined from the form of reprimand or heavier as stipulated by the law on public servants and officials and the law on labor within 01 year by the time of resident reporter appointment.

3. 15 days before operation, the press agency meeting the conditions and wishing to open its representative office in the province and centrally-run city shall send its dossier directly or by post to the provincial People’s Committee where the press agency has its representative office. The dossier includes:

a) The document sent to the provincial People’s Committee concerning the opening of representative office must have the approval from the press line agency.

b) The copy of press operation permit has the certification of the press agency or the copy enclosed with the original for comparison;

c) Documents evidencing the satisfaction of conditions specified under Point a, Clause 1 of this Article;

d) List of personnel of representative office;

dd) Résumé, copy of press card of the head of representative office, résumé of resident reporter of the representative office with the certification of the press agency or the copy enclosed with the original for comparison;

e) Documents defining the duties, powers and responsibilities of the representative office.

4. The provincial People’s Committee shall inspect the operational conditions of the representative office; in case of failing to meet the conditions, the provincial People’s Committee shall require the press agency to terminate the operation of its representative office and deal with it in accordance with regulation of law.

5. The press agency which has no representative office wishes to send its resident reporter to independently operate in the province and centrally-run city shall send directly or by post a set of dossier to inform the activities of the resident reporter to the provincial People’s Committee where the resident reporter operates. The dossier includes:

a) The Document of resident reporter appointment of the press agency;

b) The copy of press operation permit with certification of the press agency or the copy enclosed with the original for comparison;

c) The résumé and the copy of press card of the resident reporter with certification of the press agency or the copy enclosed with the original for comparison;

6. Within 05 days before the change of location, the head of representative office, resident reporter or suspension or termination of representative office, resident reporter, the press agency shall inform in writing the provincial People’s Committee where the representative office is located or where the resident reporter is operating.

7. The activities of the representative office and the resident reporter must be consistent with the principles and purposes of the press agency; proper duties, powers and responsibilities assigned by the press agency and in compliance with the regulations of law on press and other relevant laws.

8. The representative office and the resident reporter shall stop operating right after the press operation permit of the press agency having its representative office and resident reporter is revoked or the independent resident reporter whose press card is revokded as decided by the Ministry of Information and Communications.

Section 3. HEAD OF PRESS AGENCY

Article 23. Head of press agency

1. The head of press agency is the editor-in-chief (for the printed newspaper and the online newspaper) or the General Director or Director (for the talking newspaper and photo newspaper).

2. Standards for appointment of head of press agency are:

a) Is the Vietnamese citizen with permanent address in Vietnam;

b) Graduated from university or higher education. For the head of press agency of religious organization, this standard does not apply;

c) Has a valid press card. For the head of press agency of religious organization or scientific organization, this standard does not apply;

d) Has good moral quality and is not under the exercise of discipline from the form of reprimand or heavier in accordance with the regulations of law on public servants and officials and labor law.

Article 24. Duties and powers of the head of press agency

1. Takes responsibility before the press line agency and before law for all activities of the press agencies within its duties and powers.

2. Develops and implements the activity plan of the press agency.

3. Approves the structure of contents of publications, channels, broadcasting and television programs, newspapers and special column of online newspaper.

4. Directs the compliance with the principles, purposes and provisions specified in the permit.

5. Manages the personnel, provides training and retraining for journalists, reporters, employees; manages the assets and material facilities of the press agency.

6. Must not assume the position of head or deputy head of other press agencies.

Section 4. JOURNALISTS

Article 25. Journalist’s rights and obligations

1. The journalist the person who carries out the press activities and is issued with the press card.

2. The journalists have the following rights:

a) Carry out the press activities in the territory of the Socialist Republic of Vietnam or in foreign countries in accordance with the laws and is protected by law in occupational activities;

b) Have the right to exploit, provide and use information in press activities as stipulated by law;

c) Have the right to come to the organizations and agencies for journalistic professional activities. When coming there to work, the journalists only present their press card. The agencies and organizations shall provide the journalists with documents not under the state secrets or individual privacy and other secrets as prescribed by law.

d) Have the right to carry out the journalistic professional activities in the public trials; are arranged the separate area for operation; make direct contact with the persons conducting the proceedings and persons involving in the proceedings to obtain information and make interview as stipulated by law;

dd) Are provided with training and retraining to improve the political level and journalistic professional skills;

e) Refuse to take part in developing or creating the journalistic works in contradiction with regulations of law.

3. The journalists have the following obligations:

a) Provide truthful information on reality of the country and the world in line with the interests of the country and people; reflect the legitimate opinions and aspiration of people;

b) Protect the viewpoint, policies, guidelines and law of the Party and the State; detect, propagandize and protect the active factors; struggle to prevent and fight against the wrong thoughts and acts.

c) Must not abuse the name of journalist to harass and commit the law.

d) Must correct and make apology in case of providing false information, distorting, slandering or hurt the prestige of organizations and agencies, honor and dignity of individuals;

dd) Take responsibility before law and before the head of press agency for the contents of their journalistic products and acts of law violation;

e) Comply with regulations on journalists’ occupational ethics.

Article 26. Subjects to be considered for issue of press card

1. The general director, deputy general director, director, deputy director, editor-in-chief and deputy chief editor of press agencies and news agencies.

2. Head of department, deputy head of department of press operation of press agencies and news agencies.

3. Reporters and editors of press agencies and news agencies.

4. Cameraman, director of broadcasting and television programs, (excluding movies) of units issued with the press operation permit in the field of broadcasting and television and documentary production of the State.

5. Reporter, editor and person in charge of activities of reporter, editor at the broadcasting station and television station at district level or the equivalent.

6. Persons who have been issued with the press card but transferred to perform another job but still make journalistic products that are used or are certified by the press agency shall be considered for issue of press card in the following cases:

a) Are mobilized to work at the units which do not carry out the direct press activities of the press agency;

b) Are transferred to carry out the teaching of specialized press at the university education establishments in accordance with the provisions of the Law on university education;

c) Are transferred to work as full-time officials at the journalist association at all levels or directly carry out the state management over the press.

Article 27. Conditions and standards to be considered for issue of press card

1. The persons working at the press agencies specified in Clauses , 2, 3 and 4, Article 26 of this Law are considered for issue of press card must meet the following conditions and standards as follows:

a) Are the Vietnamese citizens and are permanently residing in Vietnam;

b) Having graduated from university; in case of being the ethnic minority people who are carrying out the publications of printed newspapers, broadcasting and television programs, special column of online newspaper in the language of ethnic minority language, such persons must graduate from college or have higher education.

c) In case of issue of card for the first time, there must be the working time for 02 consecutive years or more at the press agency requesting the issue of card by the time of consideration for issue of card, except for the editor-in-chief of scientific magazine and other cases as stipulated by law;

d) Are recommended for issue of card by the press agency or the current agency.

2. The cases specified in Clause 5, Article 26 of this Law are issued with the press card must meet the conditions and standards specified under Points a, b and d, Clause 1 of this Article and must meet the conditions and standards as follows:

a) Are the permanent collaborator of the broadcasting and television station of province and centrally-run city;

b) Have at least twelve journalistic products which have been broadcast on the broadcasting station and television station of province and centrally-run city in 01 year by the time of consideration for issue of card.

c) In case of issue of card for the first time, there must be the working time for 02 consecutive years or more at the broadcasting station and television stations or the equivalent by the time of consideration for issue of card.

d) Are recommended for issue of card by the broadcasting station and television station of province and centrally-run city.

3. The following cases are not considered for issue of press card:

a) Are not the subjects specified in Article 26 of this Law;

b) Have committed the provisions on journalist’s occupational ethics;

c) Have been disciplined from the form of reprimand or heavier in accordance with the regulations of law on public servants and officials and the law on labor but the duration of 12 months is not yet expired by the time of consideration for issue of card;

d) Are the persons concerned in the cases without the conclusion from the competent state agencies.

dd) Have been convicted by a judgment which has taken legal effect of the Court and their criminal records have not yet been removed;

e) Their press cards are revoked due to violation of legal regulations but the time of card revocation is not over 12 months from the date of decision issue by the time of consideration for issue of card.

Article 28. Issue, renewal and revocation of press card

1. The press card is issued to the persons who meet the conditions and standards as stipulated in Article 27 of this Law for press activities.

2. The duration for issue of press card is 05 years. The expiry date of press card is specified on the card. In special cases, the renewal of expiry date of press card is decided by the Minister of Information and Communications.

When the duration of the press card is over, the Ministry of Information and Communications shall consider for issue or change of press card as per the new duration.

3. The persons who have been issued with the press card and transferred to another agency or unit but still are the subjects issued with the press card as stipulated in Article 26 of this Law shall have to go through the procedures for change of press card upon working at the new agency.

4. Where the press card is lost or damaged, the person issued with the press card must go through the procedures for the re-issue of press card.

The application for re-issue of press card must have the certification of loss from the press agency, current agency, public security of commune, ward or town where the card was lost; in case of damage of card, the old card must be sent with the application.

5. The person issued with the press card must return it in the following cases:

a) The person who was issued with the press card but transferred to perform other duties and does not belong to the subjects issued with the press card specified in Article 26 of this Law; the person who was issued with the press card has retired; the person whose term of labor contract is expired but is not permitted to sign new labor contract or does not continue working at the press agency;

b) The person who has been issued with the press card has worked at the press agency whose press operation permit is revoked by the decision of the Minister of Information and Communications.

c) Within 15 days after the decision on the contents specified under Point a and b of this Clause, the head of the current agency of the person issued with the press card shall inform in writing of the cases specified under Point a of this Clause and revoke the press card and hand it over to the Ministry of Information and Communications.

Where the person issued with the press card does not return it, the press agency shall make announcement on its journalistic products, except that the person who must return the card has lost it. In this case, the press agency shall report in writing to the Ministry of Information and Communications.

d) The person who must return his card specified under Point a and b of this Clause, within 06 months after returning the press card, if being recruited by a press agency under the contract regime from 01 year or more, shall be considered for change of his press card as stipulated in Clause 3 of this Article.

6. The person issued with the press card which shall be revoked in the following cases:

a) Violating the regulations on journalist’s occupational ethics, journalistic professional activities, information in newspapers or improper use of press card causing serious outcome;

b) Being prosecuted by the proceeding conducting agency. Where the competent agency decides to suspend the investigation or the case to that journalist or from the day the effective judgement declares that journalist is not guilty or free from criminal liability, the state management agency over the press shall return the press card to this person.

c) Being disciplined from the form of caution or heavier or two times of reprimand in 02 consecutive years in accordance with the law on public servants and officials and the law on labor;

d) Leaving from job without returning his press card.

7. The Ministry of Information and Communications is the agency which issues, re-issues and revokes the press card.

8. The dossier and procedures for issue, re-issue and revocation of press card shall be stipulated by the Minister of Information and Communications.