Chương I Nghị định 09/2017/NĐ-CP quy định về người phát ngôn, chế độ phát ngôn và cung cấp thông tin cho báo chí của các cơ quan hành chính nhà nước: Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides spokespersons and the making of statements and provision of information by state administrative agencies to the press.

Article 2. Subjects of application

This Decree applies to:

1. State administrative agencies, including:

a/ The Government, ministries, ministerial-level agencies, government-attached agencies, People’s Committees of provinces and centrally run cities (below collectively referred to as provincial-level People’s Committees);

b/ General departments, directorates, departments, bureaus, specialized bodies of provincial-level People’s Committees, and provincial-level hierarchical organizations of central agencies based in localities;

c/ People’s Committees of urban districts, rural districts, towns, provincial cities and centrally run cities (below collectively referred to as district-level People’s Committees), and People’s Committees of communes, wards and townships (below collectively referred to as commune-level People’s Committees).

2. Press agencies, journalists, and organizations and individuals involved in press activities in Vietnam.

Article 3. Persons making statements and providing information to the press

1. Persons making statements and providing information to the press of ministries, ministerial-level agencies, government-attached agencies, general departments or directorates of ministries and ministerial-level agencies, and provincial-level People’s Committees, including:

a/ Heads of state administrative agencies;

b/ Persons assigned by heads of state administrative agencies to make statements and provide information to the press on a regular basis (below collectively referred to as spokespersons);

c/ Responsible persons of state administrative agencies authorized by heads of these agencies to make statements (below collectively refereed to as authorized persons), or assigned to coordinate with spokespersons in making statements or providing information on specific matters to the press.

2. Persons making statements and providing information to the press of bureaus or departments, specialized bodies of provincial-level People’s Committees, and provincial- level hierarchical organizations of central agencies based in localities, including:

a/ Heads of state administrative agencies;

b/ In case the head of an administrative agency cannot make statements and provide information to the press, he/she may authorize his/her deputy who is assigned to be in charge of the agency to do so.

3. Persons making statements and providing information to the press of district- and commune-level People’s Committees, including:

a/ Chairpersons of district- and commune-level People’s Committees;

b/ In case a chairperson cannot make statements and provide information to the press, he/she shall authorize his/her deputy to do so.

4. Full names, positions, telephone numbers and e-mail addresses of spokespersons shall be notified in writing to state management agencies in charge of the press and published on portals and websites of state administrative agencies.

5. In case spokespersons defined at Point b, Clause 1 of this Article cannot make statements and provide information to the press, they shall report such to heads of state administrative agencies for authorizing responsible persons of their agencies to do.

6. The authorization for statement making and information provision prescribed at Point c of Clause 1, Point b of Clause 2 and Point b of Clause 3 of this Article shall be made in writing and applied to each case for a specified time limit.

Full names, telephone numbers and e-mail addresses of authorized persons and written authorizations shall be posted on portals or websites of state administrative or publicized in head offices (for commune-level People’s Committees having no websites) within 12 hours after the signing of authorization.

7. Spokespersons and authorized persons specified at Points b and c, Clause 1; Point b, Clause 2, and Point b, Clause 3 of this Article may not re-authorize other persons.

8. State administrative agencies’ individuals who are not assigned to make statements or provide information to the press may provide information to the press in accordance with law but may not make statements or provide information to the press on behalf of their state administrative agencies; and shall take responsibility before law for contents of information provided.

Article 4. Forms of statement making and information provision to the press

1. Press conferences.

2. Publication of statements made and information provided to the press on portals, websites or official social network fanpages of state administrative agencies.

3. Direct statements or answering of interview questions of journalists and reporters.

4. Press releases or answers to questions of press agencies, journalists or reporters made in writing or via e-mails.

5. Provision of information in the form of direct exchange or press briefings held by central or local agencies when so requested.

6. Issuance of written requests for press agencies’ publication or broadcasting of feedback, corrections or apologies for incorrect information in the press.