Chapter IV
RIGHTS, OBLIGATIONS AND RESPONSIBILITIES OF REGULATORY BODIES, ORGANIZATIONS AND INDIVIDUALS PERTAINING TO LIBRARY OPERATIONS
Section 1. RIGHTS, OBLIGATIONS AND RESPONSIBILITIES OF LIBRARIES, LIBRARY STAFF AND LIBRARY USERS
Article 38. Rights of libraries
1. Determine their operational contents and forms as appropriate to their functions and duties.
2. Exchange information resources and join domestic and foreign library information systems according to regulations of laws.
3. Reject requests for information resources that are against regulations of laws or library regulations.
4. Charge library services in accordance with regulations of laws
5. Conduct research, apply scientific and technological advancements, and establish technical infrastructure meeting library modernization requirements.
6. Attract and receive sponsorship and donation to libraries as prescribed by law
7. Expand targeted groups of users in compliance with regulations of laws and library regulations.
8. Carry out international library cooperation.
9. Determine amounts of compensation for damage caused by library users and methods for payment thereof according to procedures of laws and library regulations.
10. The National Library of Vietnam, special libraries of Ministries, ministerial-level agencies, Governmental agencies, Office of the National Assembly, Supreme People’s Courts and Supreme People’s Procuracies and provincial libraries may store the information resources prescribed in Point a Clause 1 Article 7 of this Law for research purpose.
Article 39. Responsibilities of libraries
1. Ensure exercise of right to access information and to use library services prescribed in this Law, other relevant regulations of laws and library regulations.
2. Use library resources effectively.
3. Organize specialized library activities according to regulations in this Law and other ex officio activities.
4. Provide library services; schedule operating time as appropriate to living, working and learning conditions of library users.
5. Announce library regulations and provide library guides.
6. Exercise transparency regarding information resources and library activities.
7. Submit reports on an annual basis and upon request.
8. Manage and store restricted information resources and organize provision thereof as prescribed in this Law, other relevant regulations of laws and library regulations.
Article 40. Rights of library staff
Library staff holds the right to:
1. Learn, and have their professional qualification, knowledge on library management and skills in using modern equipment and techniques applied to library operations enhanced.
2. Participate in scientific research and professional activities; and join socio-professional organizations for libraries.
3. Enjoy remuneration and professional incentive policies according to regulations of laws.
Article 41. Obligations of library staff
1. Comply with regulations of laws on libraries and other relevant regulations of laws, regulations on professional qualification and workplace regulations.
2. Enable library users to access and use information resources and library utilities; ensure equality rights and other rights of library users prescribed in this Law.
3. Support information retrieval and utilization and equip the skills for such activities for libraries users.
4. Learn to improve professional capacity.
5. Follow code of professional conduct for libraries.
Article 42. Rights of library users
Library users hold the right to:
1. Use libraries, access and use information resources and library utilities according to library regulations, laws on intellectual property and state secrets protection, and other relevant regulations of laws.
2. Be exempted from fees and charges for the following activities in public libraries:
a) Using information resources inside the libraries and borrowing resources within the period prescribed by library regulations;
b) Searching information in the cyberspace; receiving information about information resources via information retrieval systems or other means of information receipt;
c) Receiving help or advice on retrieval and selection of information resources suitable to their needs;
d) Other activities as regulated.
3. Use library services included in lists of services provided by libraries.
4. Receive instructions on how to use libraries, receive assistance in retrieving and utilizing information, and be equipped with information retrieval and utilization skills.
5. Participate in activities for library users organized by libraries.
6. Choose libraries suitable to their needs.
7. Complain and denounce acts of obstruction of access to libraries.
Article 43. Obligations of library users
1. Comply with regulations of laws and library regulations.
2. Fully pay for library card issuance and library services as regulated.
3. Preserve information resources and other property of libraries.
4. Compensate as regulated.
Article 44. Rights of specific library users
1. Ethnic minorities shall be enabled to use information resources in their tongues and writings as appropriate to capacity of libraries.
2. For elderly library users or library users with disabilities who are unable to visit libraries, they shall be enabled to use information resources at home by post or via mobile libraries or cyberspace if their requests are within capacity of the libraries.
3. People with vision impairment or hearing loss have the right to use information resources according to regulations in Clause 2 herein and shall be enabled to use Braille resources, audiovisual materials, sign language resources or other special resources.
4. Children shall be enabled to use information resources appropriate to their age and educational level in libraries of educational institutions and public libraries.
5. Children, the elderly, war invalids, people with disabilities, and members of poor or near-poor households shall be issued with library cards free of charge.
6. Persons serving a sentence in detention facilities, correctional institutions or rehabilitation centers shall be enabled to use information resources in libraries in such facilities.
Article 2. RESPONSIBILITIES OF RELEVANT REGULATORY BODIES, ORGANIZATIONS AND INDIVIDUALS
Article 45. Responsibilities of library founders
1. Ensure facilities, techniques, funding and workforce for library operations and development as prescribed by laws.
2. Manage organizational structure and workforce of libraries.
3. Promulgate regulations on organizational structure and operations of libraries according to regulations of laws.
4. Implement professional incentive policies for library staff.
5. Encourage organizations and individuals to contribute their learning/teaching resources, references, graduate papers, graduate projects, theses, dissertations and scientific research results to libraries of educational institutions and libraries of their workplaces, educational institutions or research institutions.
6. Request state agencies and local governments to provide materials and publications they published to libraries free of charge.
7. Formulate plans for transfer of information resources and library utilities according to regulations of laws on management and use of public property in case of merger, consolidation, division, dissolution or termination of operation of public libraries.
8. Promptly inspect, detect and handle violations against regulations on library operations as prescribed by law.
9. Notify the competent authorities prescribed in Article 23 of this Law of establishment, merger, consolidation, division, dissolution and termination of operation of a library.
10. Ensure requirements in terms of fire prevention and fire fighting; environmental protection and natural disaster prevention according to regulations of laws.
11. Ensure enrichment of information resources in libraries of educational institutions; connect library operations with educational programs of educational institutions as suitable; appoint heads of libraries and library staff who are qualified for library operations.
12. Foreign organizations and individuals establishing libraries shall enable their Vietnamese library staff to participate in mass organizations and ensure such staff’s entitlement to other rights according to regulations of Vietnamese laws.
Article 46. Responsibilities of regulatory bodies, organizations and individuals managing libraries
1. Develop and launch plans for library operations, enrichment of information resources and promotion of reading culture.
2. Utilize investment in their libraries.
3. Enable library staff to receive further education and training to improve political qualification, professional qualification and knowledge.
4. Submit reports on library operations to library founders and competent authorities.
5. Organize library cooperation via suitable arrangements.
Article 47. Responsibilities of relevant regulatory bodies, organizations and individuals
1. Publishing authorities, publishing bodies and press authorities shall submit publications and journalistic publications to libraries according to regulations of publishing laws and press laws.
2. Vietnamese citizens defending their doctoral theses domestically or overseas; and foreign citizens defending their doctoral theses in Vietnam shall submit such theses to the National Library of Vietnam according to regulations in this Law and other relevant regulations of laws.
3. Teachers of educational institutions shall cooperate with library staff in giving instructions on how to use information resources and library utilities for learning and research purposes to learners.
4. Socio-professional organizations for libraries established and operating under laws on associations shall:
a) Participate in development of libraries;
b) Cooperate with competent authorities in disseminating regulations of laws, policies and scientific achievements concerning library science of Vietnam and other countries;
c) Advise on formulation of standards for libraries, quality of library services and promotion of reading culture;
d) Participate in development of code of professional conduct for libraries and encourage compliance therewith from their members.
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