Chương I Luật Xuất bản 2004: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Governing scope

This Law regulates the organization of publishing and publishing activities; and the rights and obligations of bodies, organizations and individuals participating in publishing activities.

Publishing activities include the sectors of publishing, printing of publications and distribution of publications.

Article 2. Applicable entities

This Law shall apply to Government bodies, political organizations, socio- political organizations, socio-politico-professional organizations, social organizations, socio-professional organizations, economic organizations, professional entities, units of the people's armed forces and Vietnamese citizens (hereinafter together referred to as bodies, organizations and individuals); and to international organizations and foreign organizations operating in the territory of Vietnam and to foreign individuals residing in Vietnam. If an international treaty which the Socialist Republic of Vietnam has signed or acceded to contains different provisions, the provisions of such international treaty shall prevail.

Article 3. Status and objectives of publishing activities

Publishing activities belong to the cultural and ideological sector by way of the production and distribution of publications amongst the people aimed at introducing ideas from all sectors of social life, ethnic cultural values and the essential culture of mankind, satisfying the spiritual needs of the people and raising their intellectual standards, creating good and ethical standards for the Vietnamese people, expanding cultural exchange with other countries, contributing to socio-economic development, fighting ideology and conduct which are harmful to the national interest, and contributing to the building and protection of the Socialist Republic of Vietnam.

Article 4. Publications

Publications means works and data about politics, economics, culture, society, education and training, science and technology, literature and art which are published in the Vietnamese language, in languages of ethnic minorities or in foreign languages, and which may also be expressed in the forms of images and music on different materials and facilities.

Data as regulated in this Law shall comprise propaganda, campaign material, study guides, operating instructions, resolutions of the Party and laws of the State; technical guidelines for manufacturing; material fighting against natural disasters and epidemics; and seminar bulletins.

Article 5. Assurance of right to distribute works and right to protection of copyright

1. The State shall assure the right to distribute works in the form of publications by publishing houses and shall assure protection of copyright.

2. The State shall not censor works prior to their publication.

3. No body, organization or individual shall be permitted to take advantage of its right to distribute works in order to harm the interests of the State or the lawful rights and interests of other bodies, organizations and individuals.

Article 6. Policy on development of publishing profession

1. It is the policy of the State to encourage and facilitate the development of the publishing industry into a multi-faceted eco-technical industry.

2. It is the policy of the State to place orders for publications on theoretical and political subjects; publications for young persons, infants, ethnic minority groups, and the blind; publications which require wide distribution for important political and social purposes and in order to provide information about external relations; and it is the policy of the State to provide financial assistance for the costs of delivery of publications to areas with difficult and specially difficult socio-economic conditions, publications which provide information about external relations, and publications servicing compatriots in mountainous and sea island areas.

3. The State shall purchase manuscripts of valuable works when it is not yet appropriate to publish them or for which readership is limited; and shall provide financial assistance to purchase copyright in domestic and foreign works with value in servicing economic, cultural and social development.

The Government shall provide specific regulations on implementation of the policies stipulated in this article.

Article 7. State administrative body for publishing activities

1. The Government shall exercise uniform State administration of publishing activities throughout the whole country.

2. The Ministry of Culture and Information shall be responsible to assist the Government to exercise uniform State administration of publishing activities.

Ministries and ministerial equivalent bodies shall, in accordance with the authority delegated to them, co-ordinate with the Ministry of Culture and Information in the exercise of State administration of publishing activities.

3. People's committees of provinces and cities under central authority

(hereinafter referred to as provincial people's committees) shall, in accordance with the authority delegated to them by the Government, exercise State administration of publishing activities within their respective localities.

Article 8 Contents of State administration of publishing activities

1. Formulation of strategies, master planning and specific plans for development of the publishing profession; promulgation of legal instruments and policies on publishing activities.

2. Administration of the work of scientific research and application of technology in publishing activities; training and fostering professional experts in publishing activities.

3. Administration of international co-operation in publishing activities.

4. Organization of the reading of copies of publications submitted for copyright registration.

5. Conduct of checks and inspections and resolution of complaints and denunciations about breaches of law during publishing activities.

6. Conduct of the work of providing commendations or of imposing

disciplinary penalties for publishing activities; selecting persons worthy of awards and conferring such awards for publications with a high value.

Article 9. Complaints and denunciations about publishing activities

1. Bodies, organizations and individuals shall have the right to lodge complaints about any decision or conduct contrary to law; and individuals shall have the right to lodge denunciations about any conduct contrary to law in publishing activities. Bodies, organizations and individuals shall be responsible before the law for their complaints and denunciations.

2. Bodies, organizations and individuals shall have the right to require a publishing house, a body or organization which is authorized to publish, or an author to publish a correction in the press or to pay compensation for loss and damage, to institute civil proceedings, or to request the competent State body to institute a prosecution when a publication contains errors about, slanders, or offends the honour and dignity of any such body, organization or individual or causes loss and damage to the legal rights and interests of such body, organization or individual.

Article 10. Conduct which is prohibited during publishing activities

1. Propaganda against the Socialist Republic of Vietnam; destruction of the unity of all citizens.

2. Propaganda about or incitement towards war and aggression, causing rancour between the citizens and those of other countries; incitement towards violence; spread of reactionary ideology, depraved life styles, cruel acts, social evils and superstition, or destruction of good morals and customs.

3. Disclosure of secrets of the Party, State, military, defence, economics or external relations; disclosure of secrets from the private lives of individuals, and of other secrets as stipulated by law.

4. Distortion of historical facts; opposing the achievements of the revolution; offending citizens, great persons and heroes; slandering or harming the reputation of bodies and organizations or offending the honour and dignity of individuals.