Chương II Luật Thư viện 2019: Thành lập thư viện

Chapter II

LIBRARY ESTABLISHMENT

Section 1. LIBRARY NETWORKS

Article 9. Types of library

1. Types of library:

a) National Library of Vietnam;

b) Public libraries;

c) Special libraries;

d) Libraries of Vietnam People’s Armed Force;

dd) Libraries of higher education institutions (“university libraries”);

e) Libraries of institutions of preschool education, general education or vocational education and libraries of other educational institutions;

g) Community libraries and private libraries open to the general public;

h) Libraries of foreign organizations and individuals open to Vietnamese people.

2. Types of library ownership:

a) Public libraries, which have their investment and operating conditions ensured and ownership represented by the State, and are organized in the form of public service providers or as appropriate to the organizational model of their supervisory regulatory bodies or organizations;

b) Non-public libraries, which have their investment and operating conditions ensured by Vietnamese or foreign organizations, individuals or residential communities, and are organized in the form of enterprises or non-public service providers or another model.

Article 10. National Library of Vietnam

1. The National Library of Vietnam is the nucleus library of the whole country.

2. The National Library of Vietnam has the following functions and duties in addition to those prescribed in Article 4 of this Law:

a) Receive, preserve and permanently store publications and journalistic publications published in Vietnam as prescribed by law; doctoral theses of Vietnamese citizens defended domestically and overseas; and doctoral theses of foreigners defended in Vietnam;

b) Supplement and popularize documents on Vietnam and notable foreign documents;

c) Develop the national bibliographic information system; take charge and cooperate with libraries of Ministries and regulatory bodies and other domestic libraries in formulating the Vietnam Master Catalogue; publish and share national bibliographic information and digital information resources per request, excluding the restricted information resources prescribed by this Law and laws on state secrets protection, information access and archives;

d) Conduct research on library and information science;

dd) Catalogue in a centralized manner; take charge and cooperate with libraries in establishing and developing databases of unabridged texts and digital libraries;

e) Cooperate and exchange information resources with domestic and foreign libraries; participate in library-related forums and socio-professional organizations according to regulations of laws;

g) Provide specialized guidance for libraries across the country as assigned and fulfill other duties given by the Minister of Culture, Sports and Tourism.

Article 11. Public libraries

1. A public library is a library whose consolidated information resources are made accessible to people.

2. A provincial library is the nucleus library of a province or central-affiliated city. It has the following functions and duties in addition to those prescribed in Article 4 of this Law:

a) Collect ancient and precious documents; information resources regarding the tongues and writings of ethnic minorities; information resources of its province and information resources concerning the characteristics of its province;

b) Develop databases and digital libraries related to the characteristics of its province; popularize information resources to support provincial socio-economic development;

c) Support information retrieval and utilization and equip the skills for such activities for libraries users;

d) Arrange reading areas for children and people with disabilities;

dd) Take part in establishment of public libraries in districts and towns (“district-level libraries”) and public libraries in communes (“commune-level libraries”);

e) Provide mobile libraries, and transfer information resources and library utilities;

g) Organize exhibitions and other activities to promote reading culture;

h) Cooperate with domestic and foreign libraries;

i) Provide specialized guidance for libraries within its province as assigned and fulfill other duties given by competent authorities.

3. A district-level library has the following functions and duties in addition to those prescribed in Article 4 of this Law:

a) Receive information resources and library utilities from the provincial library;

b) Transfer information resources to other libraries in its district;

c) Support lifelong learning of people in its district;

d) Fulfill other duties assigned by competent authorities.

4. A commune-level library has the following functions and duties in addition to those prescribed in Article 4 of this Law:

a) Receive information resources and library utilities from the provincial library, district-level libraries and other legal sources;

b) Transfer information resources to community libraries and private libraries open to the general public in its commune;

c) Participate in promotion of reading culture and formation of reading habit of people in its commune;

d) Fulfill other duties assigned by competent authorities.

Article 12. Special libraries

1. A special library is a library containing in-depth information resources of one particular discipline or more and serving officials, public employees and workers of its supervisory body or organization.

Special libraries consist of libraries of state agencies; libraries of science and technology organizations; libraries of political organizations, socio-political organizations, social organizations and socio-professional organizations; and libraries of business entities.

2. A special library has the following functions and duties in addition to those prescribed in Article 4 of this Law:

a) Enrich information resources as appropriate to its discipline(s); receive, supplement and organize use of information resources obtained from scientific research and publications, documents used in conferences and seminars, survey and research reports of researchers and its supervisory body or organization, and specialized journals, schemes and projects of its supervisory body or organization;

b) Develop a database and digital library for grey literature of its discipline(s); supplement and acquire the right to access foreign specialized information resources;

c) Cooperate with domestic and foreign libraries;

d) Fulfill other duties assigned by its supervisory body or organization.

Article 13. Libraries of People’s Armed Force

1. A library of the People’s Armed Force is a library of an affiliate of the People’s Army or Public Security Force that possesses consolidated information resources of national defense and security and serves officials, soldiers and people in the locality, persons serving a sentence, and persons receiving education in correctional institutions.

2. A library of the People’s Armed Force has the following functions and duties in addition to those prescribed in Article 4 of this Law:

a) Enrich information resources as appropriate to its assigned tasks; receive, supplement and organize use of domestic and foreign information resources of national defense and security; documents used in conferences and seminars, survey and research reports, and specialized journals, schemes and projects of the People’s Armed Force as regulated;

b) Develop a database and digital library for grey literature of national defense and security; supplement and acquire the right to access foreign information resources of national defense and security;

c) Cooperate with libraries in the same system, and share information resources with domestic and foreign libraries;

d) Fulfill other duties assigned by its supervisory body.

Article 14. University libraries

1. A university library is a library whose information resources serve learners and teachers of a higher education institution.

2. A university library has the following functions and duties in addition to those prescribed in Article 4 of this Law:

a) Enrich information resources as appropriate to the objectives, academic contents, programs and disciplines, scientific research and technological development of its higher education institution;

b) Receive, supplement and organize use of graduate papers, graduate projects, theses, dissertations and scientific research results of learners and lecturers in higher education institutions; formulate grey literature, educational resources databases and open educational resources;

c) Arrange reading space; give instructions on how to use library products and library utilities; refine information retrieval and utilization skills; consolidate and enrich knowledge of learners, teachers and managers;

d) Cooperate with domestic and foreign libraries;

dd) Fulfill other duties assigned by its higher education institution.

Article 15. Libraries of institutions of preschool education, general education or vocational education and other educational institutions

1. A library of an institution of preschool education, general education or vocational education or another educational institution is a library whose information resources serves learners and teachers of such educational institution.

2. The library of a preschool institution has the following functions and duties in addition to those prescribed in Article 4 of this Law:

a) Enrich information resources as appropriate to the age group and psychological characteristics of preschool children; and information/resources requirements from teachers, managers and educational programs of its institution;

b) Organize activities to familiarize preschool children with books and form reading habit in them; give instructions on how to use libraries, equip information retrieval and utilization skills for teachers and managers;

c) Fulfill other duties assigned by its institution.

3. The library of a general education institution has the following functions and duties in addition to those prescribed in Article 4 of this Law:

a) Enrich information resources as appropriate to learning and research activities of learners, teachers and managers, and to learning/teaching objectives, contents and curricula of each educational level or program;

b) Organize activities to encourage reading, form reading habit, and develop reading skill for learners; give instructions on how to use libraries, equip information retrieval and utilization skills for learners, teachers and managers;

c) Support learning, teaching and research, and organize other educational activities;

d) Fulfill other duties assigned by its institution.

4. The library of a vocational education institution or another educational institution has the following functions and duties in addition to those prescribed in Article 4 of this Law:

a) Enrich information resources as appropriate to learning and research activities of learners, teachers and managers, and to training objectives, contents and curricula of its institution;

b) Organize activities to encourage reading; give instructions on how to use libraries, equip information retrieval and utilization skills for learners, teachers and managers;

c) Fulfill other duties assigned by its institution.

Article 16. Community libraries and private libraries open to the general public

1. A community library is a library that possesses consolidated information resources and was established by a residential community at a commune-level cultural - sports center, community learning center, post office providing cultural services, cultural center, an apartment building or in a common space of the community.

2. A private library open to the general public is a financially independent library containing consolidated or specialized information resources and established by a Vietnamese organization or individual.

3. Community libraries and private libraries open to the general public have the following functions and duties in addition to those prescribed in Article 4 of this Law:

a) Provide information resources to people in their localities; receive information resources transferred from public libraries at all levels to accommodate people's needs;

b) Operate as declared with competent authorities;

c) Foster reading culture among people in their localities.

Article 17. Libraries of foreign organizations and individuals open to Vietnamese people

1. A library of a foreign organization or individual open to Vietnamese people is a financially independent library containing consolidated/specialized information resources, established by a foreign organization or individual in Vietnam and operated according to regulations of this Law and other relevant regulations of laws.

2. A library of a foreign organization or individual open to Vietnamese people has the following functions and duties in addition to those prescribed in Article 4 of this Law:

a) Operate as declared with competent authorities;

b) Promote reading culture.

Section 2. ESTABLISHMENT, MERGER, CONSOLIDATION, DIVISION AND DISSOLUTION OF LIBRARIES

Article 18. Library establishment conditions

1. Conditions for establishment of a library:

a) The library’s objectives and targeted groups of users are determined;

b) There are information resources suitable to the library’s functions, duties and targeted groups of users;

c) There are adequate facilities and equipment to operate the library;

d) Library staff is qualified for the library’s operations;

dd) The library’s legal representative has full legal capacity.

2. The Government shall elaborate Points a, b, c and d Clause 1 herein.

Article 19. Establishment of public libraries

1. Competence in and procedures for establishment of libraries being public service providers are specified by regulations of laws on public service providers.

2. Competence in and procedures for establishment of libraries besides those mentioned in Clause 1 herein are specified by regulations of laws that govern establishment of each library’s supervisory body.

Article 20. Establishment of non-public libraries

1. An organization/individual or a residential community has the right to establish a library if all the conditions prescribed in Clause 1 Article 18 of this Law and other relevant regulations of laws are satisfied.

2. For libraries established in the form of enterprises, such establishment shall abide by regulations in this Law, laws on enterprises and other relevant regulations of laws.

Article 21. Merger, consolidation, division and dissolution of libraries

1. Merger, consolidation, division or dissolution of a library must be carried out under a plan for conservation of information resources invested, sponsored and donated by the State, organizations and individuals.

2. A library founder has the right to decide merger, consolidation, division or dissolution of its library following the procedures prescribed by laws on public service providers, laws on enterprises, or laws governing the library’s supervisory body.

Article 22. Suspension and termination of library operations

1. A library will be suspended for a definite period in any of the following cases:

a) It violates any of the regulation prescribed in Clause 1 Article 8 of this Law;

b) It has incurred an administrative penalty related to library operations but persists with its violation.

2. A library will have its operations terminated in any of the following cases:

a) It decides to terminate its operations;

b) It is forced to terminate its operations due to lack of remedial measures upon end of the suspension period prescribed in Clause 1 of this Article.

3. Competence in suspension and termination of library operations:

a) Regulatory bodies, organizations and individuals with competence in library establishment have the right to terminate library operations for the case prescribed in Point a Clause 2 herein;

b) Competent organizations and individuals whose powers are prescribed by laws on handling of violations have the power to suspend library operations according to regulations of laws and have the right to terminate library operations for the case prescribed in Point b Clause 2 herein.

4. The decision on suspension or termination of operations of a library must include the reason for such suspension or termination and be posted at the library. The suspension decision must specify the suspension period. Within such period, if the library manages to remedy the violation stated in the suspension decision, the organization or individual with competence in suspending its operations has the power to decide resumption of its operations.

5. The Government shall elaborate procedures for suspension and termination of library operations.

Article 23. Notification of library establishment, merger, consolidation, division and dissolution

1. When a competent regulatory body, organization or individual establishes, merges, consolidates, divides, dissolves a library or terminates the operation of a library, it must notify the competent authorities prescribed in Clause 5 herein.

2. A notification dossier comprises:

a) A copy of the decision from the competent authority or written notice regarding establishment, merger, consolidation, division, dissolution or termination of operation of the library according to regulations of the Minister of Culture, Sports and Tourism;

b) Documents proving eligibility for establishment of public libraries, private libraries open to the general public and libraries of foreign organizations and individuals open to Vietnamese people prescribed in Clause 1 Article 18 of this Law.

3. Time limit for notification:

a) Within 30 days from the date on which the decision on establishment, merger, consolidation, division or dissolution of a public library or termination of operation thereof is promulgated;

b) 30 days prior to the date on which a non-public library begins its operations, undergoes merger, consolidation, division or dissolution, or has its operations terminated.

4. Within 15 days from the date of receipt of the valid dossier according to regulations in Clause 2 herein, the competent authority must reply in writing; if the dossier is rejected, a written explanation must be provided. Within 10 days from the date of receipt of the notification, if the notification dossier is lacking any content prescribed in Clause 2 herein, the competent authority shall request the regulatory body, organization or individual to supplement.

5. Competence in receipt of notification dossiers:

a) The Ministry of Culture, Sports and Tourism shall receive notification dossiers concerning special libraries at central level and provincial libraries;

b) Provincial People’s Committees shall receive notification dossiers concerning provincial special libraries, district-level libraries, university libraries and libraries of foreign organizations and individuals open to Vietnamese people located in their provinces;

c) District-level People’s Committees shall receive notification dossiers concerning commune-level libraries; libraries of institutions of preschool education, general education and vocational education and other educational institutions; and private libraries open to the general public located in their districts;

d) Commune-level People’s Committees shall receive notification dossiers concerning public libraries located in their communes.