Chương IV Luật Báo chí 2016: Hoạt động báo chí

Chapter IV

PRESS ACTIVITIES

Section 1. CARRYING OUT ADDITIONAL JOURNALISTIC TYPES AND PRODUCTS; ASSOCIATION IN PRESS ACTIVITIES

Article 29. Carrying out additional journalistic types

1. If the press agency which meets the conditions specified in Article 17 of this Law wishes to carry out other additional journalistic types, the press line agency shall send the dossier directly or by post to the Ministry of Information and Communications to request the issue of permit.

The dossier and procedures for issue of permit to carry out the additional journalistic types comply with the provisions in Article 18 of this Law.

2. 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 does not have its journalistic products, the permit shall be invalidated. The Ministry of Information and Communications shall revoke this permit.

3. Within 30 days before the suspension date of journalistic type, the press agency must inform in writing the Ministry of Information and Communications and make an announcement on the mass media.

Where the suspension of journalistic type exceeds the time specified in Clause 2 of this Article, the Ministry of Information and Communications shall issue a decision to revoke the permit.

4. Within 30 days before the end date of implementation of journalistic type, the press agency shall inform in writing the Ministry of Information and Communications to revoke the permit and make an announcement on the mass media.

5. Where the permit has been revoked as stipulated in Clauses 2, 3 and 4 of this Article, if wishing to be re-issued with the permit, the press agency shall send a written request to the Ministry of Information and Communications for re-issue of permit. In case of change of contents compared with the issued permit, the line agency shall send dossier to the Ministry of Information and Communications for issue of permit in accordance with the provisions in Clause 1 of this Article.

Article 30. Conditions for publishing additional journalistic publications and supplement; production of additional radio channel or television channel; setup of special column of online newspaper

1. Having the principles and purposes in line with the principles and purposes of the press agency, subjects to be served, place for server and connection service provider (for the special column of online newspaper) in line with the content of operation permit of the press agency.

2. Having plan for organization and personnel to ensure the activities of journalistic publications and supplement; production of radio channel or television channel and special column of online newspaper.

3. Having name and form of presentation of name of journalistic publications and supplement; name and symbol of radio channel or television channel, name and interface of homepage of special column of online newspaper.

4. Having material and technical facilities, financial plan and technical solutions to ensure the information safety and security; having the subdomain name in line with the registered domain name of the special column of the online newspaper; having plan for leasing or use of transmission and broadcasting infrastructure of the radio channel and television channel.

Article 31. Issue of permit to publish the additional journalistic publications, supplements, produce additional radio channel and television channel and set up special column of online newspaper

1. The press agencies which meet the conditions specified in Article 30 of this Law and wish to publish the additional journalistic publications, supplements, produce additional radio channel and television channel and set up special column of online newspaper, the press line agency shall send the dossier directly or by post to the Ministry of Information and Communications for issue of permit.

The dossier and procedures for issue of permit to publish the additional journalistic publications, supplements, produce additional radio channel and television channel and set up special column of online newspaper are stipulated by the Ministry of Information and Communications.

2. Within 30 days after fully receiving valid dossier, the Ministry of Information and Communications shall issue the permit to publish the additional journalistic publications, supplements, produce additional radio channel and television channel and set up special column of online newspaper. In case of refusal, the Ministry of Information and Communications shall notify in writing and indicate the reasons.

3. After 02 months after the issue of permit to publish the additional journalistic publications, supplements, set up special column of the online newspaper and 06 months from the effective date of permit to produce additional radio channel and television channel, if the press agency does not have any journalistic product, the permit shall be invalidated. The Ministry of Information and Communications shall decide to revoke the permit.

4. Within 30 days before the suspension of publishing the journalistic publications, supplements, production of radio channel and television channel, special column of online newspaper, the press agency must inform in writing the Ministry of Information and Communications and on the mass media.

In case of suspenston of over 03 months for the journalistic publications, supplements and special column of online newspaper and 06 months for the production of radio channel and television channel, the Ministry of Information and Communications shall decide to revoke the permit

5. Within 30 days before the end of journalistic publications, supplements, production of radio channel and television channel, special column of online newspaper, the press agency shall inform in writing the Ministry of Information and Communications to revoke the permit and make an announcement on the mass media.

6. Where the permit has been revoked as stipulated in Clause 3, 4 and 5 of this Article, if having the needs for 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 press line agency shall request in writing the Ministry of Information and Communications to issue the permit in accordance with the provisions in Clause 1 of this Article.

Article 32. Publication of newsletter

The state news agency wishing to publish the newsletters shall inform in writing the Ministry of Information and Communications.

Article 33. Editing the foreign program channelss on the paid broadcasting and television services

1. The issue of permit to edit the foreign program channelss on the paid broadcasting and television services is done with each program channel and in line with the nationwide development plan and press management.

2. The conditions for issue of permit:

a) Being a press agency and having the permit of broadcasting and television operation operation.

b) Having a written request for issue of editing permit from the press agency. In case of being the press agency of the ministries, sectors, provinces and centrally-run cities, there must be a written approval from the press line agency;

c) Having personnel to meet the requirements on journalistic professional level, valid press card and foreign language background in line with the foreign program channelss requested for issue of editing permit.

d) Having technical capability to meet the editing requirements, including the slowing device system, storage system and technical utility to receive and transmit the signals in line with the editing of program channelsl guranteeing the work of editing and translation done in Vietnam.

dd) Having the estimate of cost of editing and translation within 01 year and documents evidencing the legal financial source to guarantee the work of editing and translation under this estimate.

e) Having the copyright or a written permission of use of foreign program channels in Vietnam as stipulated by law.

3. Order and procedures for issue of editing permit of foreign program channels on the paid broadcasting and television service are done in the following regulation:

a) The press agency has a need for editing the foreign program channels on the paid broadcasting and television service shall send dossier directly or by post to the Ministry of Information and Communications for issue of permit.

The Government provides for the dossier and procedures for issue of permit.

b) Within 30 days after fully receiving the valid dossier, to the Ministry of Information and Communications shall issue the permit for editing the foreign program channels on the paid broadcasting and television service or inform in writing and indicate the reasons in case of refusal.

4. The validity of this permit is specified in each permit.

5. After 03 months after the effective date of the permit, if the press agency does not carry out the editing of foreign program channels, the permit shall be invalidated. The Ministry of Information and Communications shall decide to revoke the permit.

6. Within 30 days before the suspension of editing of foreign program channels on the paid broadcasting and television service, the press agency shall have to give a written notice to the Ministry of Information and Communications; in case of suspension over 03 months, the Ministry of Information and Communications shall decide to revoke the permit.

7. Within 30 days before the end date of editing the foreign program channels on the paid broadcasting and television service, the press agency shall have to give a written notice to the Ministry of Information and Communications for revocation of permit.

8. Where the permit has been revoked as stipulated in Clause 5, 6 and 7 of this Article, if having the needs for resuming the editing activities, the press 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 press agency shall request in writing the Ministry of Information and Communications to issue the permit in accordance with the provisions in Clause 3 of this Article.

Article 34. Newsletter release

1. The newsletter must ensure the following provisions:

a) The maximum size of news is 19cm x 27cm. The maximum pages is 64. No advertisement is allowed in the newsletter;

b) The upper part of page of a newsletter must be written with the word “NEWSLETTER”. The name of the newsletter after or under the word “NEWSLETTER”, the name of the publishing organization or agency and date of publication under the name of the newsletter;

c) The last part of page of a newsletter is written with the date of the publication permit, place of printing, number, publishing period and person in charge of publication.

2. Conditions for issue of newsletter publication permit:

a) Having the individual in charge of newsletter publication;

b) Organizing the operational apparatus properly to ensure the newsletter publication;

c) Specifying the name of newsletter, purposes of publication, content of information, subjects to be served, range of publication, language, publishing period, size, number of pages, amount and printing place;

d) Having the official working location and the necessary condtions to ensure the newsletter publication.

3. The order and procedures for issue of newsletter publication permit shall follow the following provisions:

a) The agency or organization from the central government, foreign agency or organization in Vietnam has a need for newsletter publication should send dossier directly or by post for issue of permit to the Ministry of Information and Communication.

The agency or organization in province or centrally-run city has a need for newsletter publication should send dossier directly or by post for issue of permit to the provincial People’s Committee.

The dossier and procedures for issue of newsletter publication permit shall be stipulated by the Ministry of Information and Communication.

b) Within 30 days after fully receiving the valid dossier, the Ministry of Information and Communication or the provincial People’s Committee shall issue the newsletter publication permit or inform in writing and indicate the reasons in case of refusal.

4. The validity of the the newsletter publication permit is specified in each permit but shall not exceed 01 year from the date of issue.

Where the organization does not publish the newsletter upon the deadline of publication indicated in the permit, the permit shalll be invalidated and the Ministry of Information and Communication or the provincial People’s Committee shall decide the revocation of permit. If having a need for newsletter publication, the organization or agency shall go through the procedures for re-issue of permit.

5. Within 15 days before the suspension or end date of newsletter publication, the agency or organization issued with the newsletter publication permit must give a written notice to the Ministry of Information and Communication or the provincial People’s Committee. In case of end of newsletter publication, the Ministry of Information and Communication or the provincial People’s Committee shall decide the revocation of permit.

6. The organization or agency needs to change one of the contents written in the newsletter publication permit shall have to request in writing the Ministry of Information and Communication or the provincial People’s Committee.

Article 35. Special issue publication

1. The conditions for issue of special issue publication permit are:

a) Having individual with journalistic skills in charge of special issue publication;

b) Organizing the operational apparatus properly to ensure the special issue publication;

c) Specifying the name of special issue, purposes of publication, content of information, subjects to be served, range of publication, language, size, number of pages, amount, printing place and time of publication;

d) The agency or organization must have the official working location.

2. The order and procedures for issue of special issue publication permit are as follows:

a) The agency or organization has a need for publishing the special issue shall send dossier directly or by post to the Ministry of Information and Communications for issue of permit;

The dossier and procedures for issuing the special issue publication permit shall be stipulated by the Ministry of Information and Communication.

b) Within 30 days after fully receiving valid dossier, the Ministry of Information and Communications shall issue the special issue publication permit. In case of refusal, the Ministry of Information and Communications shall notify in writing and indicate the reasons.

3. The validity of the special issue publication permit is specified in each permit but shall not exceed 01 year from the date of issue.

Where the organization does not publish the special issue upon the deadline of publication indicated in the permit, the permit shalll be invalidated and revoked If having a need for special issue publication, the organization or agency shall go through the procedures for re-issue of permit.

4. Within 15 days before the suspension or end date of special issue publication, the agency or organization must give a written notice to the Ministry of Information. In case of end of special issue publication, the Ministry of Information and Communication shall decide the revocation of permit.

5. The organization or agency needs to change one of the contents written in the newsletter publication permit shall have to request in writing the Ministry of Information and Communication.

Article 36. Website

1. The website must quote verbatim and accurately the journalistic news source and indicate the name of author, name of press agency, time of posting or broadcasting that information.

2. The content of information on the website must not breach the provisions specified in Clause 13, Article 9 of this Law and other provisions of relevant law.

3. The organizations or agencies establishing their website must develop the procedure for information management, inspect, monitor and actively remove the information with the contents specified in Clause 13, Article 9 of this Law or upon the requirement of the competent state management agency.

4. The organizations or agencies establishing their websites must remove immediately the summarized contents of information when the quoted source of information removes that contents of information.

5. The establishment of website of the organizations, agencies and businesses shall comply with the regulations of the Government.

Article 37. Association in press activities

1. The press agencies are permitted for association in press activities with other press agencies, legal entities and individuals with registration made in line with the associated fields as prescribed by law.

The head of press agency shall take full responsibility for the associated activities in the field of press as prescribed by law.

2. The press agencies are allowed for association in the following fields:

a) Design, presentation, printing, advertising, newspaper release and the contents of information specified under the Point b, c, d and dd of this Clause;

b) Exploitation or sale of manchette copyright, contents of journalistic publications in the field of science, technology, sports, entertainment, advertising, and economic information of foreign newspaper for publication in Vietnam;

c) The foreign organizations or individuals are allowed to make association to exploit or buy the entire manchette copyright and the contents of legal journalistic publications of Vietnam for publication in foreign country;

d) Production of programs, radio channels and television channels in the field of science, technology, economy, culture, sports, entertainment, advertising and social welfare;

dd) Production of printed newspapers, online newspapers in the field of science, technology, economy, culture, sports, entertainment, advertising and social welfare;

3. The associated programs on the radio channels and television channels in service of essential duties of politics, information and propaganda as provided for by the Ministry of Information and Communications and the general news-politics channel must not exceed thirty percent of the total amount of time of first broadcasting program of this channel.

4. The association of radio channels and television channels of entertainment, game shows, reality television with their copyrights and foreign program scenario must be Vietnamize in accordance with the habits and customs of Vietnam.

5. Where the agency of talking newspaper or photo newspaper are associated to produce all radio channels and television channels, a number of associated channels must not exceed 30% of the total radio channels and television channels licensed for production.

6. The contents of the associated programs must be consistent with the regulations and law of Vietnam.

Section 2. PRESS INFORMATION

Article 38. Provision of press information

1. Within the powers and duties, the organizations, agencies and responsible persons have the right and obligation to provide information for the press and shall take responsibility before law for the contents of information provided. The provision of information to the press can be made in writing, on the website, press conference, interview and other forms. The press agency must use contents of information provided correctly and must indicate the information origin.

2. The competent authorities, organzations and individuals have the right to refuse the provision of information to the press in the following cases:

a) The information included in the list of state secrets, the secrets under the principles and regulations of the Party, individual privacy and other secrets as prescribed by law;

b) The information about the cases under investigation or not yet judged, except for cases the state administrative agencies or the investigation agencies need the press information about the issues in favor of investigative activities and the prevention and fight against crime;

c) The information about the cases under inspection pending the inspection conclusion or the cases whose complaints or denunciation is under the settlement; the disputes and conflicts between the state agencies are under the settlement pending the official conclusion from the competent persons not permitted for announcement as provided for by law.

d) d) The documents of policies and schemes which are under development and are not announced by the competent level in accordance with regulations of law.

3. For the cases which are under investigation and prosecution and pending trial, the negative cases or the cases with signs of law violation pending the conclusion from the competent state agency, the press has the right to provide information based on its own documentary sources and shall take responsibility before law for the contents of information.

4. The press agencies and the journalists have the right and obligation not to disclose the information provider, except for the case with a written request from the Head of the People's Procuratorate, President of provincial People’s Court and the equivalent or higher level necessary for the investigation, prosecution and judgement of very serious or particularly serious crimes.

The Head of the People's Procuratorate and the President of provincial People’s Court and the equivalent or higher level shall plan to protect the information provider; the law enforcement agencies shall have to coordinate with the Head of the People's Procuratorate and the President of provincial People’s Court and the equivalent or higher level to protect the information provider.

5. The state administrative agencies shall appoint the spokeman to speak and provide information for the press on periodic and unexpected basis.

The government details the speaking and provision of information to the press of the state administrative agencies.

Article 39. Reply in the press

1. The head of press agency has the right to request the competent authorities, organizations or individuals to reply to the issues expressed by the citizens in the newspapers. Within 30 days after receiving the request from the head of the press agency, the relevant agencies, organizations or individuals shall make reply in the newspaper.

2. Within 30 days after receiving the opinions, recommendations, comments or complaints from the organizations, citizens and citizens’ denunciation transferred from the press agency, the head of organization or agency shall inform the press agency of the measures of settlement.

If the time limit mentioned above is over without receiving the notice from the organization or agency, the press agency has the right to transfer the opinions, recommendations, comments, complaints or denunciation of the organizations or citizens to the agency of higher level having the authority to settle or bring such issues in the press.

3. Within 10 days for the printed newspaper daily released and the talking newspaper and online newspapter and 15 days for weekly newspaper, in the lastest issue for the printed magazine after receiving the written reply from the agency or organization having the authorit to settle the complaints, denunciation or the written reply for the recommendations and complaints of the agencies, organizations or individuals concerning the issues the press has mentioned or received, the press agency must inform the organizations, agencies or citizens that have recommendations, comments complaints or denunciation or post the reply on their newspapers.

4. The agencies, organizations and citizens have the right to request the press agencies to reply to the issues which they have provided information. The press agency shall have to make reply within 15 days after receiving the request from the agencies, organizations and citizens.

Article 40. Reply to interview in the press

1. The interviewer shall have to give a prior notice to the interviewee of the purpose, requirement and questions for the interview. In case of direct interview without prior notice, it must get the approval from the interviewee.

2. After the interview, based on the information and documents provided by the interviewee, the interviwer has the right to make expression by the appropriate forms. The interviewee must express the interviewee’s replied contents in a correct and truthful manner.

The nterviewee has the right to require the review of replied contents before posting or broadcasting. The press agency and the interviewer have to meet this requirement.

3. The journalist must not use the opinions expressed at the conferences, seminars, meeting, discussion etc with the presence of journalist to convert them into an interview without the consent of the speaker.

4. The press agency, the interviwer and the interviewee must take responsibility for the contents of information posted in the newspaper.

Article 41. Press conference

1. The agencies, organizations and citizens have the right to hold a press conference to announce, declare, explain or answer the contents pertaining to their duties, powers or interests.

The press conference of the foreign representative agency or organization in Vietnam shall comply with the provisions in Clause 10, Article 56 of this Law.

2. The spokesman or the person in charge of providing information of the political organizations, National Assembly, Government, President of State; the agencies of political organizations, social – political organizations of the central government and provincial level; ministries, sectors, ministerial agencies, provincial People’s Council, People’s Committee based on their functions and duties, shall hold the periodical or irregular press conference to provide information for the press agencies.

3. The agencies and organizations not subject to the provisions in Clause 2 of this Article and the citizens have the right to hold a press conference to provide information for the press. The agencies, organizations and citizens that hold a press conference must give a notice 24 hours in advance by the estimated time of press conference to the press state management agency as follows:

a) The agencies or organizations directly under the central government shall give a notice to the Ministry of Information and Communications.

b) The agencies and organizations not specified under Point a of this Clause and the citizen shall give a notice to the provincial People’s Committee where the press conference is held.

4. The contents of the notice are the following information:

a) Venue of press conference;

b) Time of press conference;

c) Contents of press conference;

d) Person in charge of press conference;

5. The state management agency over the press shall reply to the organizations, agencies and citizens concerning the press conference during the time specified in Clause 3 of this Article; in case of no written reply, the organizations or citizens shall conduct the press conference.

The contents of the press conference must be consistent with the contents approved by the state management agency over the press; in case of no written reply, the contents must be in line with the contents notified to the state management agency over the press.

6. The state management agency over the press has the right to suspend the press conference if it detects any sign of law violation or the contents of the press conference with the information specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8 and 9, Article 9 of this Law.

Article 42. Correction in press

1. The press agencies which provide false information, distorts, slanders or hurts the prestige of agencies, organizations, honor or dignity of individuals must post or broadcast the correction or apology and notify such agencies, organizations or individuals.

For the online newspaper, in adition to posting or broadcasting the correction or apology, the false information posted or broadcast must be removed but the contents of information must be kept in the server for the inspection and examination as stipulated under Point d, Clause 1, Article 52 of this Law.

2. When there is a written conclusion from the competent state agency that the case which the press has posted or broadcast is false and distorts, slanders or hurt the prestige of agencies, organizations, honor or dignity of individuals, that press agency must post or broadcast the contents of that conclusion and the contents of correction or aplogy from that press agency or from the author of journalistic works.

The apology fromt he press agency or the author of journalistic works shall be posted or broadcast after the content of correction.

3. The posting or broadcasting of correction information or apology from the press agency or from the author of journalistic works must comply with the following provisions:

a) Posting or broadcasting in the second page of the printed newspaper and the last page of the printed magazine, separate column in the homepage of the online newspaper with the same font and font size the newspaper has used to post or broadcast information.

b) Posting or broadcasting the correct column, time of broadcasting and times of broadcasting for the talking newspaper and photo newspaper which has posted or broadcast information.

4. When posting or broadcasting the correction information or apology, the press agency must express all contents as follows:

a) Subject:“ Correction information or apology“;

b) Name of journalistic work, name of column, newpaper number, date of posting or broadcasting to be corrected;

c) The false information, distortion, slander or hurt to the prestige of agencies, organizations, honor or dignity of individuals have been posted or broadcasting in the journalistic works and the corrected content of information.

5. Time of posting or broadcasting of correction information or apology is provided for as follows:

a) The posting or broadcasting of correction information or apology of the online newspaper is done right after receiving the written conclusion or self detection of violation; the correction information or apology must be retained in the newspaper in at least 07 days after posting the correction information or apology;

b) The posting or broadcasting of correction information or apology in the printed newspaper, taking newspaper or photo newspaper must be done within 02 days for the daily newspaper, taking newspaper or photo newspaper; in the lastest issue of weekly newspaper, magazine from the date the press agency receives the written conclusion or self of violation; for the magazines published over 30 days/time, there must be a written reply sent immediately to the organization, agency or individual and it must be posted in the lastest issue.

c) The press agency or the website which has posted or broadcast the information of the other press agencies with the contents which must be corrected or apologized also has to post the contents of correction or apology of the violating press agency.

The press agency which has posted or broadcast the content of violating information, after making correction or apology, must give a notice to the press agencies and the website having agreed on using the news or articles of its newspaper to post the correction or apology again.

Article 43. Information feedback

1. When agencies, organizations or individuals have the grounds that the press agency provided false information, distortion, slander or hurt to their prestige, honor or dignity, they have the right to send the written feedback to that press agency, its press line agency or state management agency over the press or initiate a lawsuit at the Court.

2. The press agency must post or broadcast the feedback opinions from the agencies, organizations or individuals. The time to post or broadcast shall comply with the provisions on posting or broadcasting of correction specified in Clause 5, Article 42 of this Law.

In case of disagreement with the feedback opinions from the agencies, organizations or individuals, the press agency still has to post or broadcast those feedback opinions and has the right to provide more information to clarify its viewpoint.

After three times of posting or broadcasting the feedback opinions from the agencies, organizations or individuals and the press agency without the agreement between the two parties, the press agency has the right to stop the broadcasting or posting; the state management agency has the right to require the press agency to stop the broadcasting or posting of information of the relevant parties.

3. The press agency has the right not to post or broadcast the feedback opinions from the agencies, organizations or individuals if such opinions violate the law or hurt the prestige of the press agency, honor and dignity of author of journalistic work at the same time gives a written notice and indicates the reasons for the agencies, organizations or individuals to know.

4. When posting or broadcasting the feedback information, the press agency must express all contents as follows:

a) Name of agencies, organizations or individuals giving information feeback;

b) Name of journalistic work, name of column, newspaper number, date of posting or broadcasting with information feedback.

Article 44. Advertising in press

The press may post or broadcast the advertising. The posting or broadcasting of advertisement must comply with the provisions of this Law and the regulations of law on advertising.

Article 45. Copyright in the field of press

The press agency must comply with the regulations of law on the copyright and relevant law upon posting or broadcasting of journalistic works.

Article 46. Information to be specified or indicated in press

The press agency must specify or indicate all of the following information:

1. On the first page, cover one of printed newspaper, the home page and the pages of online newspaper, there must be the following contents:

a) Name of journalistic product;

b) Name of press agency, name of press line agency (to be written under the name of newspaper); domain name of online newspaper;

c) Ordinal number of press release of printed newspaper;

d) Date of press release.

2. At the foot of the last page and last cover of printed newspaper, the home page of online newspaper, there must be the following contents:

a) Permit number, date of issue and agency issuing the press operation permit;

b) Address of the press agency, telephone number, fax, email and full name of the head of the press agency;

c) Place of printing, size, number of pages, publishing period and selling price of the printed newspaper.

3. The talking newspaper and photo newspaper must express the symbol and theme song.

Article 47. Protecting the contents of broadcasting programs and television programs and the contents of online newspaper

The talking newspaper, photo newspaper and online newspaper have the right to use the technical measures to protect the contents of broadcasting programs and television programs and the contents of online newspaper.

Section 3. PRINTING, RELEASE, TRANSMISSION AND BROADCASTING

Article 48. Press printing

The printing establishments having the printing permit of newspapers and magazines as prescribed by law on publication are responsible for performing the contracts signed with the press agencies and ensure the time of press release.

Article 49. Newspaper release

1. The press agency shall release newspapers in accordance with the provisions specified in the press operation permit.

The press agency may release or authorize the organizations or individuals to release the newspapers.

2. The information and communications sector is responsible for releasing the types of public newspaper via the public postal network under the provisions of the Government and releasing other types of newspapers under the contract signed with the press agency.

3. The press line agency, the press agency, organization and individual involved in release of newspapers, organization permitted to import or export newspapers must follow the decision on revocation of journalistic publications by the competent state agency. The Department of Information and Communications and the provincial police agency shall inspect the compliance.

The press agency and the newspaper releasing organization having the revoked publications must bear all costs of revocation.

4. The Ministry of Information and Communications provides for the maximum price of public newspaper releasing services via the public postal network.

Article 50. Registration for provision of foreign program channels of the paid broadcasting and television services

1. The foreign television companies which provide the foreign program channels into Vietnam with copyright charges of contents must go through their authorized agents in Vietnam to register the provision of program channels and fulfill the financial obligations with the State of Vietnam.

2. The foreign television companies must define the range of authorization to each agent while simultaneously authorizing two or more agents.

3. For the foreign program channels without copyright charge of the contents, the foreign television companies only carry out the prescribed translation and editing procedures and shall not have to go through their authorized agents in Vietnam.

4. The authorized agents are the Vietnamese businesses and are authorized by the foreign television companies to be the agents to provide the foreign program channels of the paid broadcasting and television services in Vietnam.

5. The authorized agents shall register the provision of foreign program channels of the paid broadcasting and television services in Vietnam with the Ministry of Information and Communications.

The Government shall provides for the dossier and procedures for issue of registration certificate.

Article 51. Provision of transmission and broadcasting services

1. The provider of transmission and broadcasting services must guarantee the transmission and broadcasting of intact contents of information of the press agency.

2. The provider of transmission and broadcasting of promotion radio and television services must guarantee the time, amount of time, range of broadcasting, quality of transmission and broadcasting of radio channels and television channels in service of essential duties of politics, information and propaganda of the nation and localities and must ensure the following principles:

a) Universalizing the promotion radio and television broadcasting services with the focus on the areas of ethnic group minorities, areas with difficult social-economic conditions, remote and deep-lying areas, mountainous areas, border areas and islands.

b) Being consistent with the state planning on press, transmission, radio and television broadcasting and development of radio and television services;

c) Being consistent with the regulations on management of internet resources and radio frequency in accordance with the regulations of law on elecommunications and radio frequency;

d) The contents of services are consistent with the regulations on management of information contents in accordance with regulations on press;

dd) Being consistent with the state technical regulations on the quality of equipment and the radio and television services.

3. The conditions for issuing the permit for paid radio and television services are:

a) Being Vietnamese businesses. The businesses with foreign investment capital must be approved in principle by the Prime Minister.

b) Having the service provision plan in line with the development planning of radio and television services, transmission, radio and television broadcasting planning and other types of planning in the field of radio and television broadcasting and electronic information.

c) Having license to set up the telecommunications network or agreement upon leasing and use of telecommunications network to meet the requirements for service transmisson techniques to the prescribers connected to that telecommunications network, terrestrial television services, cable television services, satellite television services, mobile television services ; having confirmation of domain name “.vn” or the internet address determined to provide the services for the prescribers of the radio and television services on internet.

d) Having the plan for human resource arrangement, investment in technical equipment, forecasting and analysis of service market; business plan and services price, estimate of investment costs and operation costs for at least for the first 02 years; documents evidencing the charter capital or documents of equivalent value meeting the requirements for implementation of services provision under the estimate.

dd) Having plan for establishment of receipt and transmission center of all domestic radio and television channels and foreign program channels concentrated in one place, except for the channels included in the list of radio and television channels in service of essential duties of politics, information and propaganda of the nation and localities including the technical design of system of signal equipment and equipment connected to the transmission network, equipment of services, prescriber and content protection management.

e) Having the plan for application of modern techniques and technologies in accordance with the regulations of state on the technical regulation and standard to guarantee the services quality and information safety and security ; promptly dealing with the technical breakdowns to ensure the continuity of services and the rights of subscribers;

g) Expecting the list of domestic radio and television channels (except for the channels used for essential duties of politics, information and propaganda), foreign program channels, on-demand contents, value-added contents that shall be provided on the paid broadcasting and television services enclosed with the written approval from the content providers.

4. The businesses having demand for providing the paid broadcasting and television services should send dossier to the Ministry of Information and Communications for issue of permit.

The Government provides for the dossier and procedures for issue of permit.

5. The validity of the permit for providing the paid radio and television services is specified in each permit.

6. The units providing the paid transmission, radio and television broadcasting services may apply the technical measures to protect the contents of radio and television programs in order to collect and pay the fees of service provision right in accordance with regulations of law.

Section 4. LEGAL DEPOSIT OF PRESS

Article 52. Regulation on legal deposit of press and submission of journalistic publications

1. The press agency must comply with the regulation on legal deposit of press as follows:

a) For the central newspapers and newspapers printed in Hanoi, the press agency must submit 05 copies to the state management agency over the press in the central government no later than 08 :00 AM of the release day.

b) For the newspapers printed in localities, the press agency must submit two copies to the state management agency over the press in localities no later than 08 :00 AM of the release day while submitting five copies to the state management agency over the press in the central government by post.

c) The agencies of talking newspaper and photo newspaper must retain all programs transmitted, broadcast or informed to the signal source used to relay the central radio – television waves within 30 days after the transmission or broadcasting ; provide the transmission or broadcasting signals as required by the competent authorities for the electronic legal deposit of press.

d) The agencies of online newspaper must comply with the regulation on storage of intact contents of information posted or broadcast within 03 months after the posting or broadcasting for the inspection of the state management agency.

2. When submitting the printed newspapers for legal deposit, the press agency must indicate the newspapers legally deposited, number of release, date and hour of legal deposit and the signature of the head of press agency or the authorized person.

The printed newspapers that are re-printed must be legally deposited as printed for the first time.

The printed newspapers legally deposited by the post have the priority of fastest transfer to the deposit agency. The time of legal deposit submission is based on the postal stamp of the transferring place.

3. The agencies of printed newspapers must submit 05 copies of printed newspaper for deposited at the National Library of Vietnam.

4. The Ministry of Information and Communications shall implement the electronic deposit for the talking newspapers, photo newspapers and online newspapers independently from the press agences and implement the verification and announcement of data pertaining to the press activities.

Article 53. Inspection of legally deposited press

1. The Ministry of Information and Communications shall inspect the legally deposited press and the provincial People’s Committee shall inspect it at localiites.

In case of detecting the press violates the law, the Ministry of Information and Communications or the provincial People’s Committee shall takes measures to deal with it in accordance with the provisions in Article 59 of this Law.

2. The Ministry of Finance provides for the remuneration for the reading, listening or watching to check the legally deposited press.

Section 5. INTERNATIONAL COOPERATION IN PRESS ACTIVITIES

Article 54. Import and export of printed newspapers

1. The printed newspapers legally published in Vietnam are permitted to export to foreign countries.

2. The import of printed newspapers is done through the printed newspaper import and export establishment licensed by the Ministry of Information and Communications.

3. The printed newspaper import and export establishments must register the list of imported newspapers with the Ministry of Information and Communications before import.

4. The heads of printed newspaper import establishments must inspect the contents of imported newspapers before release and take responsibility before law for the contents of printed newspapers they shall import.

Article 55. Cooperation activities of Vietnamese press agencies with foreign countries

1. The Vietnamese press agencies have the following rights :

a) Release, transmit or broadcast the journalistic products to the foreign countries; authorize the organizations or individuals to re-print, transmit or broadcast the Vietnamese journalistic products to the foreign countries;

b) Hire foreign experts and collaborators;

c) Send journalist to foreign countries for press activities;

d) Establish the representative office in foreign countries;

dd) Cooperate with foreign countries.

2. The press agencies exercising the rights specified in Clause 1 of this Article must guarantee the following regulations :

a) The journalistic products released, transmitted or broadcast to the foreign countries specified under Point a, Clause 1 of this Article must have the same contents with the products domestically released, transmitted or broadcast without the information specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10, Article 9 of this Law;

b) The press agencies establishing their representative offices in foreign countries specified under Point d, Clause 1 of this Article must give a written notice to the Ministry of Information and Communications of the establishment of representative office, list of personnel of representative office within 15 days before establishing their representative offices in foreign countries.

c) The press agencies cooperating with foreign countries must comply with the laws pertaining to the cooperation activities.

Article 56. Press activities of foreign press, foreign missions and foreign organizations in Vietnam

1. All press activities and activities pertaining to the press of foreign news agencies, radio, television, printed newspapers, online newspapers agencies (collectively referred to as foreign press); pertaining to the press of diplomatic missions, consular missions, representative offices of intergovernmental international organizations and other foreign missions that are authorized to exercise the consular functions in Vietnam (collectively referred to as foreign missions) and representative offices of non-governmental organizations and other foreign organizations in Vietnam (collectively referred to as foreign organizations) are only allowed to carried out after obtaining the approval of the competent authorities specified in this law and must comply with the law of Vietnam.

2. The foreign reporters wish to carry out the press activities in Vietnam shall have to send a dossier for approval directly or by post, fax or email to the Ministry of Foreign Affairs, diplomatic missions, consular missions or other missions authorized to carry out the consular functions of Vietnam abroad (collectively referred to as Vietnamese diplomatic missions abroad)

When performing the press activities in Vietnam, the foreign non-resident reporters must bring the press operation permit issued by the Ministry of Foreign Affairs and the passport; must carry out activities in line with the purposes and programs specified in the permit and instructions of the reporter guiding agency.

3. Where the foreign reporters go with the foreign delegations, the following regulations shall apply:

a) For foreign reporters who go with foreign delegations to visit Vietnam at the invitation of the Party and State leadership or the Ministry of Foreign Affairs to report on the visit, the Vietnamese line agency shall go through the necessary immigration procedures and inform the Ministry of Foreign Affairs for coordination. The foreign reporters are allowed to report the activities based on the official program of foreign delegations.

b) For foreign reporters who go with foreign delegations to visit Vietnam at the invitation of other Vietnamese agencies to report on the visit, the Vietnamese line agency shall go through the procedures with the Ministry of Foreign Affairs as for the non-resident reporters and carry out the activities under the instructions of the Ministry of Foreign Affairs or a diplomatic agency approved by the Ministry of Foreign Affairs.

4. The foreign press agencies wishing to establish their resident offices in Vietnam should send their dossier directly or by post to the Ministry of Foreign Affairs or the Vietnamese missions abroad.

The representative office may be located in Hanoi or in a province or centrally-run city after the Ministry of Foreign Affairs has agreed in writing as well as the provincial People’s Committee where the resident office is expected to be located.

The resident office may appoint the resident reporter from other localities different from the place of resident office after getting the approval from the Ministry of Foreign Affairs and the provincial People’s Committee where the resident office requests to appoint the resident reporter. The resident office shall take responsibility for the activities of its resident reporters at the locality.

5. The foreign press agency wishing to appoint its resident reporter should send a dossier directly or by post to the Ministry of Foreign Affairs or the Vietnamese mission abroad.

The resident reporter may work as a resident reporter for the resident office of one foreign press agency in Vietnam. The foreign press agency may appoint its resident reporter in another country to work as a resident reporter in Vietnam.

6. The resident reporter shall be issued with foreign press card by the Ministry of Foreign Affairs with its validity under 12 months in line with the reporter’s visa period.

The resident reporters should send a dossier directly or by post to the Ministry of Foreign Affairs to request the issue, re-issue or renewal of their foreign press cards.

7. The information and press activities of the resident reporter must comply with the following regulations :

a) For the request to interview the senior leadership of Vietnam, the resident office should send a dossier directly, by post or fax to the Ministry of Foreign Affairs for approval.

b) For the request to contact or interview the leadership of the ministries or sectors of Vietnam, the resident office should send a dossier directly, by post or fax to the relevant ministries or sectors for approval while informing the Ministry of Foreign Affairs;

c) For the information and press activities at localities of Vietnam, the resident office should send a dossier directly, by post or fax to the provincial People’s Committee for approval while informing the Ministry of Foreign Affairs;

8. The resident office may hire the press assistant or collaborator to help the resident office or resident reporter’s activities.

When wishing to hire the press assistant or collaborator, the resident office should send a dossier to the Ministry of Foreign Affairs for approval.

9. The import and export of means and equipment of the foreign press must comply with the following regulations :

a) The foreign press may temporarily import and re-export with tax exemption and with term for the necessary means in service of information and press activities in Vietnam such as camera, camcorder, recorder and other devices in accordance with regulations of Vietnamese law.

b) The foreign press may import, export, install or use the devices to receive, transmit the news or images live via satellite or transmit the images internationally via the national telecommunications network in accordance with the laws of Vietnam.

10. The press conference shall comply with the following regulations :

a) When wishing to hold a press conference in Hanoi, the foreign mission or foreign organization must send a written request to the Ministry of Information and Communications 02 working days prior to the press conference. For the foreign mission, the written request shall be simultaneously sent to the Ministry of Foreign Affairs for information.

b) When wishing to hold the press conference at other localities of Vietnam, the foreign mission or foreign organization must send a written request to the provincial People’s Committee 02 working days prior to the press conference.

c) The press conference of the foreign delegation visiting Vietnam at the invitation of the Party or State leadership or the Ministry of Foreign Affairs.

d) For the press conference of the foreign delegation visiting Vietnam at the invitation of the ministries, sectors, localities and other state agencies of Vietnam, the line agency meeting the delegation must send a written request to the Ministry of Information and Communications or the provincial People’s Committee 02 working days before the press conference ;

dd) The procedures permitting the press conference must comply with the regulations of the Ministry of Information and Communications.

e) The Ministry of Information and Communications and the provincial People’s Committee has the right not to approve or suspend the press conference if there is any sign of violation of laws of Vietnam.

g) In case of urgent press conference, after receiving the request from the foreign missions or foreign organizations, the competent authorities of Vietnam shall consider each specific case.

11. The publication of newsletter or special issue of the foreign missions or foreign organizations must comply with the provisions in Article 34 and 35 of this Law.

12. The dossier, order or procedures specified in Clauses 2, 4, 5, 6, 7 and 8 shall be provided for by the Government.