Chương 5 Luật xuất bản 2012: Xuất bản và phát hành xuất bản phẩm điện tử

Chapter 5.

PUBLISHING AND RELEASE OF ELECTRONIC PUBLICATIONS

Article 45. Conditions for publishing and release of electronic publications

1. The electronic publishing shall be done by the publisher, organization or agency, having license of non-commercial material publishing and must comply with the provisions of this Law.

The publisher shall perform electronic publishing upon meeting the following conditions:

a) Having capacity of equipment, technology and technical personnel to operate and manage the process of electronic publishing;

b) Having technical measures in accordance with the provisions of state management agencies to prevent duplication and illegal interference in the content of publications;

c) Having Vietnamese internet domain as prescribed by the law to carry out electronic publishing on the Internet;

d) Having registered electronic publishing activities with the state management agencies on electronic publishing activities.

2. Agencies, organizations and individuals performing the release of electronic publishing must meet the following conditions:

a) Having capacity of equipment, technology and technical personnel to operate and manage the process of release of electronic publications;

b) Having technical measures in accordance with the provisions of state management agencies to prevent duplication, illegal interference in the content of publications;

c) Having Vietnamese internet domain as prescribed by the law to carry out electronic release of electronic publications on the Internet;

d) Having registered activities of electronic publication release with the state management agencies on publishing activities.

Article 46. Method to perform publishing and release of electronic publications.

1. Works and materials published for the first time by the method of electronic publishing through publisher or must be issued publishing license by the state management agencies on publishing as provided for in Article 25 of this Law.

2. Publications were published, printed and released legally shall be released on electronic media.

3. The publication and release of electronic publications specified in clause 1 and 2 of this Article shall be made only after obtaining the written approval of the author, the copyright owner under the provisions of law on fintellectual property rights.

4. The transformation of electronic publications to printed publications for dissemination to multiple recipients must comply with the provisions of this Law and the law on intellectual property.

Article 47. Technique and technology for publishing and release of electronic publications

Agencies, organizations and individuals publishing and releasing electronic publications shall:

1. Comply with technical regulations and technical guidance of the State management agency for electronic publications;

2. Comply with the provisions of the law on telecommunications, information technology, e-commerce, e-transactions and other provisions of the relevant law.

Article 48. Submitting legal deposit of electronic publication and to National Library of Vietnam.

1. Publishers and organizations issued license of non-commercial material publishing shall submit legal deposit of electronic publications to the State management agencies on publishing activities as stipulated in Article 28 of this Law and submit electronic publications to National Library of Vietnam.

2. State management agencies on publishing only use electronic publications legally deposited deposited in service of their management.

3. National Library of Vietnam shall archive and only use electronic publications in service of readers at the National Library of Vietnam as prescribed by law.

Article 49. Advertising on electronic publications

The advertising on electronic publications shall comply with the following provisions:

1. Do not advertise in the content or disrupt content of electronic publications in any form;

2. Implementing the provisions of the law on advertising and other provisions of the relevant law.

Article 50. Responsibility of agencies, organizations and individuals publishing and releasing electronic publications

1. Publisher, General Director (Director), editor, Chief Editor of the publisher are responsible for:

a) Implementing the provisions of Articles 18, 29, 22, 22, 23, 24, 27, 45, 46, 47, 48, 49 and 52 of this Law;

b) Ensuring the contents of electronic publications to be released in accordance with the contents of electronic publications legally deposited;

c) Implementing technical measures to prevent interference in the content of publications or to remove illegal publications at the request of competent state agencies;

d) Stopping the release of publications at the request of the State management agencies on publishing activities;

e) Examining and monitoring associated publications

2. Associated partner of publishing shall:

a) Implement the provisions of Articles 23, 45, 46, 47 and 49 of this Law;

b) Comply with the contents of the manuscripts which have been signed for approval by the General Director (Director) of publisher;

c) Implement technical measures to prevent interference in the content of publications or to remove illegal publications at the request of competent state agencies;

d) Stop the release of publications at the request of the State management agencies on publishing activities.

3. Agencies, organizations, or individuals releasing publications shall:

a) Comply with the provisions of Article 46 of this Law and Points b, c and d, Clause 2 of this Article;

b) Comply with the written approval of the author and the copyright owner;

c) Take responsibility before law for the release of electronic publications.

4. Agencies and organizations which are issued license of non-commercial materials shall:

a) Comply with the provisions of Clause 6, Article 25 of this Law;

b) Implement technical measures to prevent possible interference in the content of publications or remove publication with violations at the request of competent state agencies.

5. Enterprises providing intermediary services on the Internet environment and telecom network in Vietnam shall:

a) Implement the provisions at Points c and d, Clause 2 of this Article;

b) Implement the provisions of the law on intellectual property or request agencies, organizations and individuals using services must comply with the regulations on intellectual property rights upon release of electronic publications.

Article 51. Import of electronic publications

Establishment of release and import of electronic publications for business or dissemination must be issue license by the state management agencies on publishing activities under the provisions of this Law and other provisions of the relevant law.

Article 52. Detailed regulation on publishing and release of electronic publications

The Government stipulates in detail the activities of publishing and release of electronic publications to suit each stage of technological development.