Chương I Luật Thư viện 2019: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Law provides for establishment and operations of libraries; rights, obligations and responsibilities of regulatory bodies, organizations and individuals concerning library operations; and state management of libraries.

Article 2. Regulated entities

This Law is applicable to Vietnamese regulatory bodies, organizations and individuals; and foreign organizations and individuals operating libraries or involved in library operations in the territory of the Socialist Republic of Vietnam.

Article 3. Definitions

For the purposes of this Law, the terms below shall be construed as follows:

1. “library” means an institution of culture, information, education and science that develops, processes, stores, preserves and provides information resources for its users.

2. “digital library” means a library or a part of a library whose information resources are digitally processed and stored and available to library users via electronic devices and the cyberspace.

3. “information resources” means a collection of materials or data such as printed documents, handwritten documents, audiovisual materials, digital documents, microforms, including microfilms and microfiches, special documents for people with disabilities and other types of documents and data.

4. “open information resources” means information resources available to library users without any financial, legal or technical barrier.

5. “library utility” means a piece of equipment of service to users and library staff in collection, processing, storage, preservation and use of information resources and enhancement of the values of libraries.

6. “library service” means an activity provided by a library independently or in cooperation with another entity to serve the needs of library users.

7. “library cooperation” means cooperation between libraries to utilize information resources, library utilities, information resources processing results, library information products and library services.

Article 4. Functions and duties of libraries

1. Develop, process, store, preserve, connect and enrich information resources as appropriate to the needs of library users.

2. Organize shared use of information resources, information products and library services; promote knowledge and cultural values of the country and humankind; support research, learning and recreation; and contribute to the formation and development of knowledge, skills, virtues and capacity of library users.

3. Apply scientific and technological advancements, and modernize libraries.

4. Promote reading culture and provide an environment for life-long learning, build a learning society, heighten people’s intellectual standards, and shape comprehensively capable Vietnamese citizens.

Article 5. State policies for library development

1. For public libraries, the State shall invest in the following areas:

a) Prioritize investment for the National Library of Vietnam, public libraries of provinces and central-affiliated cities (“provincial libraries”) and important libraries;

b) Modernization of libraries; development of digital libraries, shared information resources, and open information resources; and cooperation between domestic and foreign libraries;

c) Collection, preservation and enhancement of values of ancient and precious documents, and document collections of significance to history, culture and science;

d) Provision of mobile libraries, transfer of information resources to border areas, islands, ethnic minority areas, and areas with socio-economic difficulties or exceptional socio-economic difficulties;

dd) Training and development of library staff;

e) Research and application of scientific and technological advancements in libraries.

2. The State shall support investment in the following areas:

a) Provision of public library services, and reading culture promotion;

b) Maintenance and development of community libraries and private libraries open to the general public without profitable aims;

c) Cost for transfer of library materials for political purpose or to border areas, islands and areas with socio-economic difficulties or exceptional socio-economic difficulties;

d) International library cooperation.

3. The State shall formulate incentive policies to encourage organizations and individuals to participate in the activities prescribed in Clauses 1 and 2 herein.

4. The Government shall provide for the important libraries mentioned in Point a Clause 1 herein, and the ancient and precious documents and document collections of significance to history, culture and science mentioned in Point c Clause 1 herein.

Article 6. Privatization of library operations

1. Residential communities, organizations and individuals are encouraged to invest, sponsor and donate to libraries, reading culture, establishment and promotion of grassroots reading rooms and reading space.

2. Residential communities, organizations and individuals participating in library operations are entitled to preferential treatment as prescribed by law.

3. Residential communities, organizations and individuals that invest in library facilities and equipment; or sponsor or donate to the enhancement of libraries and reading culture shall be recognized and honored according to regulations of laws on emulation and rewards.

4. The Government shall provide for the grassroots reading rooms and reading space mentioned in clause 1 of this Article.

Article 7. Restricted information resources in libraries

1. Restricted information resources in libraries comprise:

a) Information resources containing contents whose widespread use may affect state interest, or legitimate rights and interest of regulatory bodies, organizations and individuals;

b) Information resources within the scope of state secrets, of restricted use, with conditional access or with limited access according to regulations of laws on state secrets protection, information access and archives;

c) Authentic copies of ancient and precious documents, and information resources being cultural heritage stored in libraries;

d) Authentic copies of damaged documents.

2. The Minister of Culture, Sports and Tourism shall elaborate the restricted information resources in libraries prescribed in Point a Clause 1 herein; and stipulate rules for use of restricted information resources in libraries.

3. Regulatory bodies, organizations and individuals establishing libraries (“library founders”) shall take responsibility for compilation of lists of restricted information resources and use of restricted information resources in libraries.

Article 8. Prohibited acts

1. Taking advantage of library operations to distort State guidelines, policies and legislation; to oppose the Socialist Republic of Vietnam; to separate the block of great national solidarity; to incite violence or hatred between ethnicities or religions; to propagate invasion war; to erode the good traditions and customs; to spread superstitious beliefs; or to attract library users to social evils.

2. Provision of information resources within the scope of state secrets, unless otherwise provided for by law.

3. Impeding access to and use of information resources of library users against regulations of laws.

4. Provision of information on library users, unless requested by competent authorities.

5. Appropriating, swapping, destroying or causing damage to information resources.

6. Unauthorized access to library information systems or library databases; modification, disruption or destruction of library information systems or library databases.