Chương 3 Luật xuất bản 2012: Lĩnh vực in xuất bản phẩm

Chapter 3.

PUBLICATION PRINTING FIELD

Article 31. Activities of publication printing establishments

1. Printing establishments are only allowed for printing of publications after having been issued license of publication printing.

2. Printing establishments are only allowed for receiving the printing as prescribed in Article 33 of this Law.

Article 32. Issuance, renewal, re-issuance and revocation of license of publication printing operation

1. Conditions for issuing license of publication printing operation include:

a) The head of the printing establishment must be Vietnamese citizens residing in Vietnam; having profession of publication printing management and meeting other criteria as prescribed by law;

b) Having production ground and equipment to perform one or more stages of print-out, printing and processing and post-printing of publication;

c) Ensuring conditions for security, order, environmental hygiene as prescribed by the law;

d) Being consitent with the planning of publication printing establishment network development.

2. Dossier to request license of publication printing operation:

a) Application for issuing license of of publication printing operation under prescribed form;

b) Certified copy of one of the business registration certificate, business registration certificate, investment certificate or decision on printing establishment;

c) Papers evidencing the possession of production ground and equipment to carry out one of the stages of print-out, printing and processing and post-printing of publication;

d) Resume of the head of the printing establishment under prescribed form;

e) Certified copy of diploma granted by the printing training specialized establishment or Certificate of publication printing operation management profession granted by the Ministry of Information and Communications;

f) Certified copy of the certificate of eligibility for security and public order and environmental hygiene issued by competent state agencies.

3. Competence to issue license of publication publishing operation:

a) The Ministry of Information and Communications shall issue license to printing establishments of the agencies and organizations at the central level;

b) Provincial-level People's Committee shall issue license to the local printing establishments.

4. Within 15 days from the date of receiving complete and valid dossier, the State management agencies on publishing activities specified in Clause 3 of this Article shall issue license of publication publishing operation. In the absence of issuance of license, there must be written reply stating the reason.

5. License of publication publishing operation shall be re-issued on case of loss or damage.

6. Within 15 days from the date when the printing establishment has one of the changes of name, address, branch establishment, division or merger, the printing establishment must make procedures for renewal of license of publication publishing operation.

7. Within 15 days from the date of the change of the head, the printing establishment shall notify in writing to the agency issuing license of publication publishing operation and enclose dossier as specified at points d and e, Clause 2 of this Article.

8. The license of publication publishing operation shall be revoked in the following cases:

a) The publication printing establishment does not satisfy conditions specified at Points a, b and c, Clause 1 of this Article in the operation process.

b) The printing establishment has changes specified in Clause 6 of this Article without making procedures for change of license.

9. The Minister of Information and Communications shall specify the procedures for issuance, renewal, re-issuance and revocation of license of printing, certificate of publication printing operation management profession.

Article 33. Conditions for receiving of publication printing

1. The receiving of publication printing shall be implemented in accordance with the following provisions:

a) For publications made through the publisher, there must be publishing decision (the original) and the manuscript signed for approval of the General Director (Director) of the publisher;

b) For non-commercial materials of Vietnamese organizations and agencies and foreign organizations not done through the publisher, there must be publishing license (the original) and the stamped manuscript of the licensing agency specified in Article 25 of this Law;

c) For publications printed for foreign countries, there must be a printing license and publication templates for printing with the seal of the licensing agencies provided for in Article 34 of this Law.

2. The publication printing must made into contract in accordance with the law between the printing establishment with the publisher or agency or organization which is issued the license of non-commercial material publishing.

3. The number of publications printed must be shown in the contract and in accordance with the publishing decision or publishing license of non-commercial materials.

Article 34. Printing publications for foreign organizations or individuals

1. The printing establishment with license of publication printing operation specified in Article 32 of this Law shall be allowed for printing publications for foreign organizations or individuals;

The publication printing for foreign organizations or individuals must be licensed by the Ministry of Information and Communications or the provincial-level People's Committees.

2. The content of publications printed for foreign countries must not violate the provisions of Clause 1, Article 10 of this Law.

3. Dossier to request issuance of license includes:

a) Application for issuance of printing license for foreign organizations or individuals is under prescribed form;

b) Two sample copies of publication for printing;

c) Certified copy of license of publication printing operation;

d) Certified copy of contract of publication printing for foreign organizations or individuals. In case the contract is in foreign language, the Vietnamese translation version must be enclosed.

e) A copy of valid passport of the person ordering the printing or power of attorney, identity card of the authorized person ordering the printing.

4. Within 10 days from the date of receiving complete and valid dossier, the Ministry of Information and Communications or the provincial-level People's Committees shall issue license and stamp the two sample copies and return one copy to the printing establishment. In the absence of issuance of license, there must be a written reply clearly stating the reasons.

5. Director of printing establishment shall take responsibility before law for the printing of publications. Organizations and individuals ordering the printing shall responsibility for the copyright for publications to be ordered with the printing.

6. Publications printed for foreign organizations and individuals must be exported 100%. In case released and used in Vietnam, the procedures for publication import prescribed by this Law.

Article 35. Responsibility of the head of publication printing establishment

1. Implementing the provisions of Articles 31, 32, 33 and clauses 1, 2, 4 and 5 of Article 34 of this Law; storing and managing dossier of publication printing receiving as prescribed by the Minister of Information andCommunications.

2. Making report on publication printing activities of printing establishment on the requirement of the State management agencies on publishing activities.

3. Participating in training courses of publication printing operation management profession held by State management agencies on publishing activities.

4. Upon detection of publications with content violations specified in Clause 1, Article 10 of this Law, the printing establishment must stop printing and report to the competent state management agencies, at the same time notify the publisher, agencies, organizations and individuals which order the printing.

5. Taking responsibility before law for the publication printing activities of the printing establishment.