Chương 2 Luật xuất bản 2012: Lĩnh vực xuất bản

Chapter 2.

PUBLISHING FIELD

Article 12. Subject establishing publisher and types of publisher organization

1. The following agencies and organizations are allowed to establish publisher (hereinafter referred to as the publisher line agency):

a) State agencies, political organizations, socio-political organizations at the central and provincial levels;

b) Public non-business units in the central, the socio-political and vocational organization in the central directly create works and academic and scientific materials.

2. Publishers are organized and operating in the form of public non-business units or enterprises with the conditioned business owned by the State.

Article 13. Conditions for establishment of publisher

The establishment of publisher must meet the following conditions:

1. Having principles, purposes, functions, duties, objects to services and publications are in conformity with the functions and duties of the line agencies;

2. Having qualified persons specified in Article 17 of this Law for appointment of General Director (Director), editor in chief and have at least five full-time editors;

3. Having headquarters, financial resources and other necessary conditions to ensure the activities of the publisher as prescribed by the Government;

4. Being consistent with the planning of publisher network development which has been approved by the competent authority.

Article 14. Issuance and revocation of establishment license and suspension of the publisher’s activities.

1. The line agency of publisher shall prepare dossier to request the licensing of publisher establishment and send it to the Ministry of Information and Communications.

The dossier includes:

a) Application for issuance of license of publisher establishment;

b) Scheme for publisher establishment and papers evidencing all the conditions specified in Article 13 of this Law.

2. Within 30 days from the date of receipt of complete dossier, the Ministry of Information and Communication shall issue license of publisher establishment. If not licensing, there must be written reply clearly stating the reasons.

3. After being issued license of publisher establishment, the line agency shall make a decision on establishing publisher and prepare other necessary conditions for activities of the publisher.

4. The publisher shall be suspended from operation with definite time in the following cases:

a) After establishment and during operation, the line agency and publisher do not meet the conditions specified in clauses 1, 2 and 3, Article 13 of this Law;

b) The publisher does not properly implement the contents specified in the license of publisher establishment

c) The publisher violates the provisions of the law on publishing and is handled for administrative violations at the level of activity suspension.

5. The license of publisher establishment shall be revoked in the following cases:

a) The time limit of suspension is over without remedy for the cause leading to the suspension.

b) Within 06 months from the date of issuance of the license of publisher establishment but the line agency does not make a decision on the publisher establishment;

c) Within consecutive 12 months without any publication for legal deposit from the publisher.

d) Failing to meet the conditions specified in Article 13 of this Law and causing serious consequences

e) Seriously violating other provisions of law.

6. When the license of publisher establishment is revoked in the cases specified at Points a, c, d and e, Clause 5 of this Article, the line agency of publisher shall make the dissolution of the publisher in accordance with the law.

Article 15. Issuance and renewal of license of publisher establishment

1. Within 30 days from there is one of the following changes, the line agency of publisher shall request the Ministry of Information and Communication to issue and renew license of publisher establishment:

a) Change of line agency, name of line agency of publisher name of publisher;

b) Change of type of organization of publisher;

c) Change of the principles, purposes, subjects to services and major publications of the publisher.

2. Dossier to request issuance and renewal of license of publisher establishment

a) Application for issuance and renewal of license;

b) License of publisher establishment issued.

3. Within 15 days from the date of receipt of complete dossier, the Ministry of Information and Communications shall issue and renew license. In case of non-renewal of license, there must be written reply clearly stating the reasons.

4. In case of change of heaquarters, the publisher shall send a written notice to the Ministry of Information and Communications within 07 working days after the change.

Article 16. Duties and power of the lince agency of publisher

1. Satisfying the conditions specified in Article 13 of this Law.

2. Appointing, dismiss, removing leadership positions of publisher specified in Article 17 of this Law after obtaining the written approval of the Ministry of Information and Communications.

3. Orienting annual publishing plan of the publisher.

4. Directing the implementation of the principles, purposes and operation direction of the publisher; monitoring publisher to comply with the license of publisher establishment.

5. Inspecting and examinating the activities of the publisher under authority.

6. Taking responsibility for violations of the laws of the publisher in publishing activities under its duties and powers.

Article 17. Standards of positions of General Director (Director) and Chief Editor of publisher.

1. Standards for General Director (Director):

a) Being Vietnamese citizens residing in Vietnam, having good political and moral quality.

b) Having University level or higher;

c) Having at least 03 years performing work of editing, management of publishing or press, management at the line agency of publisher;

d) Other standards as prescribed by law.

2. Standards for Chief Editor of the publisher:

a) Having certificate of editing practice;

b) Having at least 03 years of working as editor at the publisher or press agency;

c) Other standards as prescribed by law.

3. For publishers organized and operating in the form of enterprises carrying on conditioned business owned by the State and having title as Chairman of the member board or Chairman of the company, the Chairman of the member board or Chairman of the company shall at the same time as General Director (Director) of the publisher.

Article 18. Duties and powers of the General Director (Director) and Chief Editor of publisher

1. The General Director (Director) of publisher has the following duties and powers as follows:

a) Directing operations of publisher in accordance with purposes, functions and duties specified in the license and decision on publisher establishment;

b) Developing the mechanism of organization and human resources of the publisher;

c) Organizing the implementation of the publishing registration with the Ministry of Information and Communications as prescribed in Article 22 of this Law;

d) Orgnizing the assessment of works and materials specified in Article 24 of this Law and other works and materials at the request of the State management agencies on publishing activities;

e) Signing publishing association contract specified at Point b, Clause 3, Article 23 of this Law before signing the publishing decision;

f) Signing for approval of manuscripts prior to printing;

g) Signing publishing decision for each publication in line with certificate of publishing registration, including the printing of increased number;

h) Signing decision on publication release;

i) Valuating and adjustment of retail prices of publications in accordance with law;

k) Organizing the keeping of manuscript editing and related documents of each publication as prescribed by law;

j) Performing the repair, suspension from release, revocation or destruction of publications at the request of competent state agencies;

m) Implementing the report at the request of the State management agencies on publishing activities;

n) Making sure not to disclose and miss the content of publishing works and materials prior to release affecting the rights of the author, the copyright owner;

o) Managing assets and material facilities of the publisher;

p) Taking responsibility before the law, the line agency for the publications and all activities of the publisher.

2. The Chief Editor of publisher has the following duties and powers:

a) Helping General Director (Director) to direct the organization of manuscript;

b) Editing manuscript;

c) Reading and signing for approval of each manuscript for submission to the General Director (Director) of the publisher to sign the publishing decision.

d) Do not disclose and miss the content of publishing works and materials prior to release affecting the rights of the author, the copyright owner;

e) Taking responsibility before the law, the General Director (Director) of the publisher for the content of publications of the publisher.

Article 19. Standards, duties and powers of editor

1. Standards of editor:

a) Being Vietnamese citizens residing in Vietnam, having good political and moral quality.

b) Having University level or higher;

c) Completing a fostering course of legal knowledge on publishing and editing professionl as prescribed by the Minister of Information and Communications;

d) Having Certificate of editing practice issued by the Minister of Information and Communications;

2. The editor has the following duties and powers:

a) Editing manuscripts;

b) Having the right to refuse the editing of works and materials whose contents have signs of violation specified in Clause 1, Article 10 of this Law and shall report to the General Director (Director) and Chief editor in writing;

c) Having name in the publications edited by himself/herself;

d) Participating in periodic training of legal knowledge on publishing and editing profession held by the State management agencies on publishing activities;

e) Do not disclose and miss the content of publishing works and materials prior to release affecting the rights of the author, the copyright owner;

e) Taking responsibility before the Chief Editor of the publisher and before law for the contents of publications edited by himself/herself;

Article 20. Issuance, revocation and re-issuance of certificate of editing practice

1. Dossier to request issuance of certificate of editing practice includes:

a) Application for issuance of certificate of editing practice under the prescribed form;

b) Curriculum vitae under the prescribed form

c) Certified copy of degree;

d) Certificate of completion of fostering course of legal knowledge on publishing and editing professional issued by the Ministry of Information and Communications.

2. Within 15 days from the date of receipt of complete dossier, the Ministry of Information and Communications shall issue the Certificate of editing practice; In the absence of issuance, there must be written reply clearly stating the reasons.

3. Certificate of editing practice is revoked in the following cases:

a) Editor whose publications are edited are banned from circulation, revoked, confiscated or destroyed;

b) Editor who has edited two publications in 01 year or publications in 02 consecutive years with content violations required correction to be released;

c) Editor has been sentenced by a legally effective judgement of the court.

4. Editor whose certificate of editing practice has been revoked shall be considered for re-issuance, except for the case the editor is sentenced by a legally effective judgement of the court for serious and particularly serious crimes and infringement of national security.

5. Certificate of editing practice shall be re-issued in case of loss or damaged.

Article 21. Copyright in the field of publishing

The publishing of works and materials reprinting of publication shall only be made after obtaining the written approval of the author, copyright owner as prescribed by law.

Article 22. Publishing registration of publishing and certification of publishing registration

1. Before publishing works and materials or re-publication, the publisher shall register the publishing with the Ministry of Information and Communications under prescribed form. The registration content must be consistent with the principles and purposes, functions and tasks of the publisher.

2. Within 07 working days from the date of receipt of the publishing registration of the publisher, the Ministry of Information and Communications shall confirm the publishing registration in writing. In the absence of confirmation, there must be a written reply clearly stating the reasons.

3. The written confirmation of the publishing registration is the ground for the publisher to make a decision on publishing until the end of December 31 of the registration confirmation year.

Article 23. Association in publishing activities

1. Publishers are associated with the following organizations and individuals (collectively referred to as associated partner) in order to publish for each publication:

a) Author and copyright owner;

b) Publisher, publication printing and release establishment;

c) Other organizations with legal entity.

2. Form of association of the publisher with associated partner includes:

a) Using manuscripts;

b) Preliminarily editing manuscripts;

c) Printing publications;

d) Releasing publications.

3. The association is only made only with the following conditions:

a) There is a written consent of the author, the copyright owner under the provisions of the law on intellectual property rights for works and materials of associated publishing;

b) There is publishing association contract between publishers and associated partners. The association contract must have the basic contents as prescribed by the Minister of Information and Communications

c) In case of preliminary editing association of manuscript, in addition to the conditions specified at Points a and b of this Clause, the associated partner must have editors.

4. For works and materials with the content on political theory, history, religion, national sovereignty, memoir, the publisher is not allowed for preliminary associated editing of manuscript.

5. Responsibilities of the General Director (Director) of the publisher in associated publishing:

a) Making a decision on partnership, form of association and commitment of association contract to each publication. In case of association for publishing many publications with the same associated partner, it is likely to make a commitment in a contract in which clearly expressing form of association to each publication;

b) Complying with publishing association contract; ensuring that the contents of associated publications to be consistent with the principles, purposes, functions and tasks of the publishers;

c) Organizing complete editing of work and material manuscripts which have been preliminarily edited;

d) Taking responsibility before law for activities of publishing association and associated publications;

e) Revoking publishing decision when the associated partner breaches associated contract;

e) Performing duties and powers as prescribed in Clause 1, Article 18 of this Law.

6. Responsibility of the Chief Editor of publisher in publishing association:

a) Helping General Director (Director) of publisher to completely edit manuscripts of works and materials which are preliminarily edited by associated partner, read and approve the works and materials of associated publishing

b) Performing duties and powers as prescribed in Clause 2, Article 18 of this Law.

7. Responsibility of the associated partner:

a) Properly complying with publishing association contract;

b) Properly complying with content of manuscripts which have been signed for approval by the General Director (Director) for printing or release on electronic media.

c) Specifying name and address on publications as prescribed at Point b, Clause 1 and Point b, Clause 2, Article 27 of this Law;

d) Nộp xuất bản phẩm liên kết để nhà xuất bản nộp lưu chiểu Submitting associated publications for the publisher to deposit copyright;

e) Spending on release of associated publications after the General Director (Director) has signed the publishing decision;

f) Performing the correction, suspension from release, recovery or destruction of publications at the request of the competent state agencies;

g) Taking responsibility before law for the publishing association activities and associated publications;

Article 24. Content of works and materials to be assessed before re-printing.

The following works and materials whose contents have violating signs of provisions of Clause 1, Article 10 of this Law, the publisher must assess them before registering publishing for re-printing.

1. The works and materials were published before August Revolution of 1945; the works and materials were published from 1945 to 1954 in the temporarily occupied areas;

2. The works and materials were published from 1954 to April 30, 1975 in South Vietnam not licenseted by the Provisional Revolutionary Government of the Republic of South Vietnam

3.. The works and materials are published abroad.

Article 25. Issuing non-commercial publishing license

1. The publishing of non-commercial materials not made through publisher must be issued publishing license of non-commercial materials by the following state management agencies on the publishing activities:

a) The Ministry of Information and Communications shall issue publishing license of non-commercial materials of agencies and organizations in the central and foreign organizations;

b) Provincial-level People's Committee shall issue publishing license of non-commercial materials of the other agencies and organizations with legal status, branches, representative offices at localities of the central agencies and organizations.

2. The non-commercial materials must be consistent with the functions and duties of the agencies and organizations requesting issuance of publishing license.

3. The Government specifies list of non-commercial materials which shall be issued publishing license.

4. The agencies and organizations requesting the issuance of publishing license of non-commercial materials shall prepare dossier and send it to the State management agencies on the publishing activities specified in clause 1 of this Article and make payment of fee of material content assessment for licensing. The dossier includes:

a) Application for licensing;

b) Three copies of material manuscript. In case the materials are in foreign language, there must be a Vietnamese translation attached. For materials to be electronically published, the entire content must be saved into digital device.

c) Certified copy of license of operation issued by the competent State management agencies of Vietnam for foreign organizations.

5. Within 15 days from the date of receipt of complete dossier, the State management agencies on publishing activities specified in Clause 1 of this Article shall issue the publishing license, seal on three copies of material manuscript and keep one copy and return two copies to the organization requesting the licensing. In case of licensing failure, there must be a written reply clearly stating the reasons.

6. Organizations or agencies issued publishing license of non-commercial materials shall:

a) Comply with the issued license;

b) Ensure the contents of publishing materials are in accordance with the material manuscripts which are licensed;

c) Specify information on publications in accordance with Article 27 of this Law;

d) Submit legal deposit and to National Library of Vietnam as prescribed in Article 28 of this Law.

e) Implement the correction, suspension from release, revocation or destruction of publishing materials upon requirement of the competent State authorities;

f) Take responsibility before law for the published materials.

Article 26. Publishing works and materials of foreign organizations or individuals in Vietnam.

1. The publishing of works and materials of foreign organizations or individuals for business in Vietnam must be implemented by the Vietnamese publishers.

2. The publishing of non-commercial works and materials of foreign organizations or individuals in Vietnam is not implemented via Vietnamese publisher shall comply with provisions of Article 25 of this Law.

Article 27. Information specified on publications

1. On publications in the form of books, there must be the following information:

a) Name of book, author or compiler and editor (if any), full name of translator (for translated books), transcriber (if the book is transcribed from Nom language); name of publisher or the agency or organization which are issued publishing license;

b) Name and address of the organization, full name of individual of publishing association (if any); full name of reviser (if any); year of publication, the ordinal number of the series. For translated book, there must include original name. If translated from a language other than the original language, the original language must be specified;

c) Name and title of General Director (Director) responsible for publishing; full name and title of Chief Editor responsible for the content; full name of editor; frame and size of book, publishing registration confirmation number, publishing decision number of the Director General (director) of the publisher or publishing license number of state management agencies on publishing activities; full name of presenter and illustrator, technical editor, printing corrector, printing number; name and address of the printing establishment, time of copyright deposit; International Standard Book Number (ISBN);

d) For commercial books, specify retail prices. For books ordered by the State specify "Book ordered by the State". For non-commercial books, specify "Not for sale".

2. On publications which are not books, the following information must be specified:

a) Name of publication, publisher or organization or agency which are allowed for publishing.

b) Name and address of the organization or individual name associated published (if any); confirm registration publishing, publishing of the decision of the Director General (Director) publisher or publishing license number of the State management agencies on publishing activities, printing number, name and address of the printing establishment.

c) For commercial publications, specify retail price; for publications ordered by the State, specify “Publication ordered by the State"; for non-commercial publications, specify "Not for sale".

3. Information specified in Clause1 of this Article must be written on the front book cover and no further information required; information specified at Point c, Clause 1 of this Article must be written on the same page; the information specified in Clause 1 of this Article must be written on the fourth book cover.

4. The General Director (Director) of the publisher shall make decision on places for information record specified at Point b, Clause 1 on the publication, unless otherwise specified in Clause 6 of this Article.

5. For electronic publications, in addition to all the information specified in Clause 1 and 2 of this Article, there must also be information on management of electronic publication as prescribed by the Minister of Information and Communications.

6. In case the 1st book cover has image of the national flag, national emblem, registration of Vietnamese map, portrait of leader and head of the Party and the State, the name of author, compiler, chief editor, full name of translator and transcriber on the background of that image or portrait.

Article 28. Submitting legal deposit publication and submitting publication to National Library of Vietnam

1. All publications must be deposited their copyrights with the State management agencies on publishing activities at least 10 days before release. The legal deposit of publications shall comply with the following provisions:

a) Publishers or agencies, organizations which are issued the publishing license by the Ministry of Information and Communications must submit three copies to the Ministry of Information and Communications. In case the printing number is less than three hundred copies, two copies shall be submitted;

b) Agencies, organizations which are issued the publishing license by the provincial-level People's Committee shall submit two copies to the provincial People's Committee and one copy to the Ministry of Information and Communications; In case the printing number is less than three hundred copies, one copy shall be submitted to the provincial-level People's Committee and one copy to the Ministry of Information and Communications;

c) For publications reprinted without correction and supplementation, one copy shall be submitted to the Ministry of Information and Communications. In case of correction and supplementation, the provisions at Points a and b of this Clause shall apply;

d) Publications with content of State secret as prescribed by law only submit delaration of copyright deposit;

e) The Minister of Information and Communications shall specify procedures for submitting legal deposit publications.

2. Within 45 days from the date of publications are released, the publishers, agencies and organizations with publishing permission must submit three copies to the National Library. In case the printing number is less than three hundred copies, two copies shall be submitted.

Article 29. Reading and examination of legal deposit publications and competence to handle violations of publications

1. The Ministry of Information and Communications shall organize the reading and examination of legal deposit publications and make decision on the handling of violating publication under the provisions of this Law and other provisions of the relevant law.

2. Provincial-level People's Committee shall organize the reading and examination of legal deposit publications and make decision on the handling of violating publication under the provisions of this Law and other provisions of the relevant law for the publications whose publishing licenses are issued by them.

3. The Minister of Information and Communications shall assume the prime responsibility and coordinate with the Minister of Finance to develop regulation on remuneration for the reader and checker, appraiser of legal deposit publications.

Article 30. Advertising on publications

1. No permission for advertising on administrative map.

2. Advertising on bloc calendar shall comply with the following regulations:

a) Area for advertising does not exceed 20% of area of each calendar page; the advertising content and images must match the Vietnamese fine traditions and the other provisions of the law on advertising;

b) No permission for advertising on calendar pages printing National holidays and large anniversaries of the country.

3. The advertising on publications not specified in Clause 1 and 2 of this Article shall comply with regulations of law on advertising.