Chương 2 Nghị định 02/2009/NĐ-CP: Tổ chức và hoạt động của thư viện tư nhân

Chapter 2.

ORGANIZATION AND OPERATION OF PRIVATE LIBRARIES

Article 4. Name of the private library

1. Name of the library is given by one of the following bases:

a) The scope and contents of library activities;

b) Name of collection of library’s main documents;

c) Name of the person who established the library.

2. Name of the library is stated in the application for library’s operation and is recorded clearly in the certificate of operation registration of library. In the case the library’s name is added a foreign name, it must be recorded under the Vietnamese name; font size is smaller than Vietnamese font size.

3. Private library’s name is not coincided with the name of the other library operating in the area.

Article 5. Conditions of the establishment

Private library is established when meeting all the following conditions:

1. There are an initial number of documents for one or many subjects of type of scientific knowledge with the number of at least 500 books and 1 periodical name of publication, processed according to the rule of library professional skill.

2. There is an area meeting the requirements on preservation of documents and serving for the public with a number of seats for reading at least 10 seats, not affecting the order and traffic safety; ensuring environmental hygiene and cultural landscape.

3. There are enough means of fire prevention and fighting and other specialized equipment such as shelves, bookcase, tables, chairs for the readers; box of contents or list of library documents to lookup; depending on the specific conditions of the library, it can have the other modern equipment such as computers, telecommunications devices.

4. The persons who establish and persons who work in the libraries:

a) The persons who establish the libraries must be Vietnamese citizenship, full 18 years old or older; have adequate legal capacity and behavior capacity; knowledge of books and library areas.

b) Persons who work in the library:

- For the libraries specified at Point a, Clause 2, Article 6: people who work in the library must graduate from high school or higher degree and trained knowledge of library professional skill;

- For the libraries specified at Point b, Clause 2, Article 6: persons who work in the libraries must graduate from library intermediate degree or equivalent. If they have graduated from intermediate degree of other disciplines, they must be retrained professional knowledge equivalent to library intermediate degree;

- For the libraries specified at Point c, Clause 2, Article 6: persons who work in the libraries must graduate from BA degree in library - information. If they have graduated from BA degree of other disciplines, they must be retrained library professional knowledge equivalent to BA degree of library - information.

Article 6. Procedures for registration of operation of private libraries

1. Dossier registering for library operation includes:

a) An application for registration of library operation (Form No.1);

b) A list of existing library documents (Form No.2);

c) The curriculum vitae of the person who establish the library certified by the People's Committee of commune, ward or township (hereinafter referred to as the commune level) where he/she resides;

d) Rules of library.

2. Dossier receiving agency and issue of certificate of operation registration of library:

Commune-level People's Committee or the Departments of Culture and Information of districts, towns and provincial cities (hereinafter referred to as the District level) or the Departments of Culture, Sports and Tourism are responsible for providing dossier; guiding procedures for registration of library’s operation.

Based on the initial number of documents of the library, the person who establishes the library shall send a registration dossier for operation to the competent authorities in accordance with provisions as follows:

a) The library that have initial number of books between 500 and less than 1,000 books shall send a set of dossier to the commune-level People's Committee, where the library is located;

b) The library that have initial number of books between 1,000 and less than 2,000 books shall send a set of dossier to the District-level Department of Culture and Information, where the library is located;

c) The library that have initial number of books of 20,000 or more books shall send a set of dossier to the Department of Culture, Sports and Tourism, where the library is located;

After receiving the complete and valid dossier of the person who establishes the library, the dossier receiving agency shall issue a certificate of operation registration of library (Form No.3). In case of refusal, it must be issued written reply and stating clearly the reasons.

After being granted a certificate of operation registration of library, the person who establishes the library must fix sign and rules of the library in the library.

Article 7. Suspension of operation and revocation of operation registration certificate of library

Library violating one of the provisions in Clause 1 of Article 9 of this Decree will be suspended its operation and revoked operation registration certificate of library.

Agency granting Certificate of operation registration of library shall revoke the Certificate of operation registration of library in the case the library is suspended its operation.

Article 8. Operation of the library

1. Library development activity:

a) Professional activities of library: collection, selection and processing of technical documents;

b) Organization to serve people in the community using library’s documents in the form of reading on the spot or borrowing to take home in accordance with the rules of the library.

2. Dissemination, introduction of library’s documents and library services in order to attract readers to come to the library.

3. Participation in building reading movement amongst people; create favorable conditions for the people to use library’s documents; setting up a team of collaborators for library.

Article 9. Prohibited acts

1. For libraries:

a) Storing the documents with content:

- Fighting against the Socialist Republic of Vietnam; undermining the unity of the nation;

- Propagating violence, wars of aggression, sowing hatred among nations and peoples of the countries; spreading reactionary ideology and cultural products, pornographic, obscene lifestyle, crimes, social evils, superstition; destructing fine habits and customs of the people;

- Distorting history, denying revolutionary achievements, offending great people, national heroes, slandering, insulting the organization's reputation, honor, and dignity of citizens.

b) Taking advantage of library professional to spread the documents with content as specified in clause 1 of this Article.

2. For relevant individuals, state agencies:

Having behaviors to cause difficult, interfere the establishment and operation of private libraries.