Chapter II
PUBLISHING SECTOR
Article 11. Entities permitted to establish publishing houses
Government bodies, political organizations, socio-political organizations and other organizations as stipulated by the Government shall be permitted to establish a publishing house.
Publishing houses shall be organized and operate in the form of a business enterprise subject to conditions or in the form of a revenue-earning professional entity.
Article 12. Conditions for establishment of publishing houses
To establish a publishing house, the following conditions must be satisfied:
1. The policy and objectives and the entities serviced must be consistent with the functions and duties of the managing body;
2. The heads of the publishing house must satisfy the standards stipulated in article 14.1 and the editorial staff must satisfy the standards stipulated in article 15.1 of this Law;
3. At least one of the persons occupying the position of head of the publishing house must have operated in the publishing sector for at least three years;
4. There must be operational headquarters, capital and the other necessary conditions required by law;
5. Compliance with the master plan for development of the publishing profession on a national basis and with master plans for each industry and each locality.
Article 13. Duties and powers of bodies managing publishing houses
Managing body of a publishing house means the body or organization which gives its name to the application for permission to establish a publishing house.
A managing body shall have the following duties and powers:
1. To determine the policy, objectives and operational direction of the publishing house and to direct implementation thereof; to approve publishing plans of the publishing house;
2. To issue initial capital and to ensure other necessary conditions are satisfied in order for the publishing house to operate;
3. To appoint, remove and dismiss the director and editor-in-chief of the publishing house after receiving written approval from the Ministry of Culture and Information;
4. To check and inspect the activities of the publishing house in accordance with its authority;
5. To bear responsibility for breaches of the law by the publishing house during the conduct of publishing activities within the scope of its duties and powers.
Article 14. Standards, duties and powers of directors and editors-in-chief of publishing houses
1. The director and editor-in-chief of a publishing house must be Vietnamese citizens, with registration of their permanent residential address in Vietnam; they must have university qualifications, management qualifications, professional expertise in publishing, and good political and ethical standards.
2. The director of a publishing house shall have the following duties and powers:
(a) To ensure correct implementation of the policy and objectives of the publishing house;
(b) To build the operational apparatus and staff of the publishing house;
(c) To formulate and arrange implementation of the publishing plans;
(d) To sign a publishing decision for each manuscript on the basis of the registered publishing plan;
(dd) To sign approval of proofs prior to sending for printing and to sign approval of publications prior to distribution;
(e) To determine and adjust retail sale prices of publications, including joint publications, in accordance with law;
(g) To manage the assets and material facilities of the publishing house;
(h) To bear responsibility before the managing body and before the law for the publications and all activities of the publishing house.
3. The editor-in-chief of a publishing house shall have the following duties and powers:
(a) To assist the director to formulate publishing plans;
(b) To arrange preparation of manuscripts;
(c) To organize the editing of manuscripts;
(d) To read and approve manuscripts prior to submitting them to the director of the publishing house and to bear joint responsibility before the law for the contents of publications of the publishing house.
Article 15. Standards, duties and powers of editorial staff of publishing houses
1. The editorial staff of a publishing house must be Vietnamese citizens, with registration of their permanent residential address in Vietnam; they must have university qualifications, professional expertise in publishing, and good political and ethical standards.
2. The editorial staff of a publishing house shall have the following duties and powers:
(a) To give their names to publications in accordance with article 26 of this Law;
(b) When editing, to reject any works with contents indicating a breach of article 10 of this Law and to report same to the director and editor-in-chief of the publishing house;
(c) To bear responsibility before the director of the publishing house and before the law for the contents of publications which they edit.
Article 16. Issuance of licence for establishment of publishing house
1. Prior to establishment of a publishing house, the managing body must submit an application file for issuance of a licence to the Ministry of Culture and Information. The file shall comprise:
(a) Application for issuance of a licence, specifying the name, the policy and objectives, the entities to be serviced, the director and editor-in-chief, and the head office and capital of the publishing house;
(b) Summarized curriculum vitae of the director, editor-in-chief and editorial staff of the publishing house.
2. Within a time-limit of thirty (30) days from the date of receipt of a valid and complete file, the Ministry of Culture and Information shall issue a licence, or shall provide a written explanation for refusal in the case of refusal to issue a licence.
3. After a licence for establishment of a publishing house has been issued to a managing body, the managing body shall issue a decision on establishment of the publishing house and shall complete other necessary procedures as required by law.
Article 17. Change of managing body or name of managing body; change of name, policy, objectives, entities to be serviced, or head office of a publishing house
1. If there is a change of managing body or of the policy or objectives of a publishing house, the new managing body must conduct the procedures for application for issuance of a licence for establishment of a publishing house stipulated in article 16 of this Law.
2. If there is a change of name of the managing body or of the publishing house or a change of entities serviced by the publishing house, the managing body must submit a written request for amendment of its licence to the Ministry of Culture and Information.
3. If there is a change of head office of a publishing house, the publishing house must provide written notification thereof to the State administrative body for publishing activities within three days at the latest after the date of relocation to the new head office.
Article 18. Registration of publishing plans
Publishing houses shall register annually their publishing plans with the Ministry of Culture and Information prior to conducting any publishing activities.
Article 19. Copyright in publishing sector
The publication of works and the re-publishing of publications shall only be implemented after there is a contract with the author or owner of the work in accordance with law.
Article 20. Associations in publishing sector
1. Publishing houses shall be permitted to associate with authors and owners of works, with individuals with a business registration certificate for printing or distribution of publications, and with organizations with legal entity status in order to arrange the preparation of manuscripts and the printing and distribution of each publication.
2. The director of a publishing house shall arrange the editing and completion of a manuscript and shall sign his or her approval of the proof prior to sending it for printing and shall sign his or her approval of a joint publication prior to its distribution.
3. If any organization or individual associates with a publishing house as stipulated in clause 1 of this article, the name of such organization or individual shall appear in the publication and such organization or individual shall bear joint responsibility before the law for the joint publication.
Article 21. Works the contents of which must be evaluated prior to re- publication
If the contents of the following works bear indications of a breach of article 10 of this Law, the publishing house must evaluate such works prior to registration of its publishing plan:
1. Works published prior to the August Revolution in 1945; works published in the years 1945 to 1954 in temporarily occupied zones;
2. Works published from 1954 to 30 April 1975 in Southern Vietnam without permission from the Provisional Revolutionary Government of the Republic of South Vietnam;
3. Works published abroad.
Article 22. Publication of non-business data of Vietnamese bodies and organizations
1. To publish non-business data of Vietnamese bodies and organizations other than by way of a publishing house, the State administrative body for publishing activities must issue a permit in accordance with the following provisions:
(a) The Ministry of Culture and Information shall issue permits to central bodies and organizations;
(b) Provincial people's committees shall issue permits to local bodies and organizations; and to branches, representative offices and subsidiaries situated in their respective localities of central bodies and organizations.
2. An application file for issuance of a permit shall comprise:
(a) Application for a publishing permit, specifying the name of the applicant body or organization, name of the data, number of copies to be printed, the graphics, the number of pages, a summary of the contents, the subjects and scope of distribution, and an undertaking to implement correctly the provisions stipulated in the permit;
(b) Two copies of the manuscript; if the manuscript is in a foreign language or in the language of an ethnic minority group, there must also be a translation into Vietnamese.
3. Within a time-limit of ten (10) days from the date of receipt of a valid and complete file, the State administrative body for publishing activities as stipulated in clause 1 of this article shall issue a permit, or shall provide a written explanation for refusal in the case of refusal to issue a permit.
Article 23. Publication of works and data of foreign organizations and individuals and of international organizations in Vietnam
1. Publication of works of foreign organizations and foreign individuals and of international organizations for the purpose of conducting business in Vietnam must be implemented by a Vietnamese publishing house with the appropriate function.
2. Publication of non-business data of foreign organizations and of international organizations in Vietnam which is not implemented by a Vietnamese publishing house shall be subject to a permit from the Ministry of Culture and Information.
The provisions in article 22.2 of this Law shall apply to an application file for issuance of a permit; in the case of an application to publish by a branch or representative office of a foreign organization or international organization, the application shall include a notarized copy of the licence for establishment of the branch or representative office issued by the competent State body.
3. Within a time-limit of ten (10) days from the date of receipt of a valid and complete file, the Ministry of Culture and Information shall issue a permit, or shall provide a written explanation for refusal in a case of refusal to issue a permit.
Article 24. Establishment of representative offices of foreign publishing houses in Vietnam
1. The establishment of a representative office of a foreign publishing house in Vietnam shall be implemented in accordance with the laws of Vietnam and shall be subject to a licence from the Ministry of Culture and Information.
2. An application file for issuance of a licence shall comprise:
(a) Application for establishment of a representative office, specifying the objectives, duties, scope of operation, the address of head office in Vietnam, the name of the person who will be the head of the representative office, and an undertaking to implement correctly the laws of Vietnam;
(b) Certification of the legal entity status of the publishing house issued by the competent State body of the foreign country.
3. Within a time-limit of thirty (30) days from the date of receipt of a valid and complete file, the Ministry of Culture and Information shall issue a licence, or shall provide a written explanation for refusal in the case of refusal to issue a licence.
4. A representative office of a foreign publishing house in Vietnam shall be permitted to introduce the publishing house and its products and to expedite transactions relating to copyright and publications in accordance with the laws of Vietnam.
Article 25. Publishing on computer information network (Internet)
1. Publishing on the computer information network must be implemented by a publishing house and must comply with the provisions of this Law.
Publications which are being circulated legally shall be permitted to be placed on the computer information network.
2. Placing publications on the computer information network shall be implemented in accordance with regulations of the Government.
Article 26. Information appearing in publications
1. In the case of books and data in book form, the recording of information in such books shall be implemented in accordance with the following provisions:
(a) On the front cover, there shall be recorded the name of the book; the name of the author; the name of the publishing house or of the body or organization with the publishing permit; and the number of the series;
(b) On the title page, in addition to all of the information stipulated in clause 1 of this article, there shall be recorded the name of the chief editor or the translator, the name of the person making revisions, the number of times the publication has been re-published, and the year of publication;
(c) In the case of a translated book, on the reverse side of the title page, there shall be recorded in full the name of the original book, the author and the foreign publishing house and the year of publication; if the book is a translation from a language other than the language of the original book, the former language must be recorded together with the name of the person who made the translation from such former language;
(d) On the last page of the book, there shall be recorded the names of the person responsible for publishing, the person who edited the contents, the person who designed the cover, the illustrator, and the graphic designer; the registration number of the publishing plan; the number of the publishing decision of the director of the publishing house or the number of the publishing permit issued by the State administrative body for publishing activities; the number of copies printed; the name of the printers; and the date of submission of a copy of the publication for copyright registration;
(dd) On the back cover of the book, there shall be recorded the retail sale price; if an order was placed for the book, this fact must be recorded; in the case of a non-business book, it must be recorded that the book is not-for-sale; and in the case of a joint book, the names and addresses of the parties involved in the joint publishing, printing or distribution must be recorded.
2. In the case of publications which are not books or data in book form, there must be recorded the name of the publication; the name of the publishing house or of the body or organization with the publishing permit; the number of copies printed and the name of the printers; the number of the publishing decision of the director of the publishing house or the number of the publishing permit issued by the State administrative body for publishing activities; and the retail sale price; if an order was placed for the publication, this fact must be recorded; in the case of a non-business publication, it must be recorded that the publication is not-for-sale; and in the case of a joint publication, the names and addresses of the parties involved in the joint publishing, printing or distribution must be recorded.
Article 27. Submission of copy of publication for copyright registration and submission of copy of publication to National Library of Vietnam
1. A copy of each and every publication must be submitted for copyright registration prior to distribution of the publication in accordance with the following provisions:
(a) At least ten (10) days prior to distribution, the publishing house or the body or organization with the publishing permit shall submit three copies with the Ministry of Culture and Information, or two copies if less than three hundred copies of the publication have been printed;
(b) In the case where a provincial people's committee issued the permit to publish data to a body or organization, in addition to the number of copies which must be submitted pursuant to sub-clause (a) of this clause, two copies must also be submitted to the provincial people's committee.
2. After a publication has been distributed, the publishing house or the body or organization with the publishing permit shall submit five copies to the National Library of Vietnam, or two copies if less than three hundred copies of the publication have been printed.
Article 28. Reading of submitted copy of publication
1. The Ministry of Culture and Information shall arrange for the reading of submitted copies of publications; and provincial people's committees shall arrange for the reading of submitted copies of publications for which such provincial people's committee issued the publishing permit.
If it is discovered that a publication breaches the provisions of this Law, the Ministry of Culture and Information or the provincial people's committee shall send a written notice requiring the publishing house or the body or organization with the publishing permit to arrange evaluation of the contents and shall apply measures for dealing with the breach in accordance with law.
2. The Ministry of Culture and Information shall preside over co-ordination with the Ministry of Finance to issue regulations on remuneration for readers of submitted copies of publications.
Article 29. Advertising in publications
1. In the case of books, there may only be advertisements of the author, the work and the publishing house on the reverse side of the front cover and on both sides of the back cover, except for specialized books on advertising.
2. In the case of non-business data, there may only be advertisements of the products, services and operations of the body or organization publishing such data.
3. Advertising of goods and services which the law prohibits to be advertised shall not be permitted.
Article 30. Dealing with breaches in publishing sector
1. Any publishing house or any body or organization with a publishing permit which has a publication which breaches articles 10, 18, 19, 20, 21, 22, 23, 25, 26, 27 or 29 of this Law shall, depending on the nature and seriousness of the breach, be subject to the following: compulsory amendment of the publication prior to it being published; temporary suspension of distribution of the publication; retrieval, confiscation, prohibition from circulation or destruction of the publication; and if loss and damage is caused to another body, organization or individual, the offender must make a public apology or print a correction in the press and must pay compensation in accordance with law.
2. Any publishing house or any organization or individual participating in publishing activities having a publication which breaches article 10 of this Law shall, depending on the nature and seriousness of the breach, be subject to temporary suspension of its operations, revocation of its licence, or criminal prosecution; and if loss and damage is caused, it must pay compensation in accordance with law.
3. The State administrative body for publishing activities shall be responsible for its decisions dealing with breaches.
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Luật Xuất bản 2004 (Bản Word)
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