Chapter III
PRINTING OF PUBLICATIONS SECTOR
Article 31. Issuance of licence for activities of printing publications
1. For issuance of a licence for activities of printing publications, the following conditions must be satisfied:
(a) The director or owner of the printing establishment must be a Vietnamese citizen, with registration of his or her permanent residential address in Vietnam; he or she must have professional expertise in printing, and he or she must satisfy other conditions stipulated by law;
(b) There must be a production establishment and facilities for printing publications;
(c) The conditions on security and order must be satisfied;
(d) There must be compliance with the master planning for development of printing of publications.
2. An application file for issuance of a licence shall comprise:
(a) Application for a licence, specifying the name and address of the printing establishment, its objectives and main products;
(b) Data proving that there is a production establishment; a list of the main facilities; and a summarized curriculum vitae of the director or owner of the printing establishment;
(c) Notarized copy of the business registration certificate of the printing establishment;
(d) Undertaking to implement correctly the conditions on security and order.
3. Authority to issue a licence shall be provided for as follows:
(a) The Ministry of Culture and Information shall issue licences for printing establishments of central bodies and organizations;
(b) Provincial people's committees shall issue licences for local printing establishments.
4. 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 3 of this article shall issue a licence for activities of printing publications, or shall provide a written explanation for refusal in the case of refusal to issue a licence.
Article 32. Conditions for receipt of orders for printing publications
1. The printing of publications shall be implemented in accordance with the following provisions:
(a) In the case of publications of a publishing house, there must be a publishing decision signed by the director of the publishing house;
(b) In the case of non-business data of Vietnamese bodies and organizations which is not published by a publishing house, there must be a publishing permit issued by the State administrative body for publishing activities;
(c) In the case of non-business data of foreign organizations and of international organizations in Vietnam which is not published by a Vietnamese publishing house, there must be a publishing permit issued by the Ministry of Culture and Information;
(d) In the case of publications printed for overseas parties at the printing establishment of a central body or organization, there must be a printing permit issued by the Ministry of Culture and Information; and in the case of publications printed for overseas parties at a local printing establishment, there must be a printing permit issued by the provincial people's committee.
2. The printing of publications shall be implemented by way of a contract. The activity of both printing and publishing a publication must be approved by the publishing house and shall be implemented by way of a contract.
Article 33 . Activities of establishments printing publications
1. Printing establishments shall only be entitled to print publications after they have been issued with a licence for the activity of printing publications.
2. Printing establishments shall only be permitted to take orders for printing publications in accordance with the provisions of article 32 of this Law.
3. When a printing establishment changes its name or address, changes the owner of the establishment, or when it demerges or merges, it shall conduct procedures for amendment of its licence for the activity of printing publications.
4. When there is a change of the director or owner of a printing establishment, the printing establishment must notify the body which issued its licence for the activity of printing publications, enclosing a summarized curriculum vitae of the new director or new owner of the printing establishment.
Article 34. Printing publications for overseas parties
1. Establishments which print publications shall be permitted to print publications for overseas parties, subject to issuance of a permit by the Ministry of Culture and Information or by a provincial people's committee.
An application file for issuance of a permit shall comprise:
(a) Application for issuance of a permit, specifying the name and nationality of the representative of the foreign organization or foreign individual placing the order for printing, the name of the publication, the number of copies to be printed, and the export bordergate;
(b) Two copies of the publication required to be printed;
(c) Notarized copy of the licence for the activity of printing publications.
2. 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 or a provincial people's committee shall issue a permit, or shall provide a written explanation for refusal in the case of refusal to issue a permit.
Article 35. Discovery of a publication in breach during printing
1. If a printing establishment discovers that a publication has contents which breach article 10 of this Law, the printing establishment must immediately report to the State administrative body for publishing activities and, at the same time, notify the publishing house and the body, organization or individual having placed the order.
2. In the case where the State administrative body for publishing activities issues a decision suspending printing of a publication, the publishing house or the body, organization or individual to which such publication belongs must pay compensation for loss to the printing establishment; and if the decision was incorrect, the State administrative body for publishing activities must pay compensation for loss to the publishing house or to the body, organization or individual to which such publication belongs.
Article 36. Dealing with breaches in printing sector
Any printing establishment which commits or any organization or individual participating in the sector of printing of publications and committing any of the following acts shall, depending on the nature and seriousness of the breach, be subject to suspension of printing of the publication that is currently being printed; temporary suspension of its activity of printing publications; revocation of its licence for the activity of printing publications, or criminal prosecution; and if loss and damage is caused, it must pay compensation in accordance with law:
1. Printing of a publication without a licence for the activity of printing publications;
2. Printing of a publication without a publishing decision of a publishing house or without a publishing permit;
3. Printing of a publication for overseas parties without a printing permit;
4. Printing of a publication which is subject to a decision on suspension of printing; or which is subject to a decision on retrieval, confiscation, prohibition from circulation or destruction of the publication;
5. Printing of a publication which is different from the proof for which the publishing house or body or organization authorized to publish the publication signed approval or for which there is no printing contract; or printing a number of copies in excess of the number stipulated in the contract.
Tìm kiếm
Luật Xuất bản 2004 (Bản Word)
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