Nghị định 11/2009/NĐ-CP sửa đổi Nghị định 111/2005/NĐ-CP Hướng dẫn Luật Xuất bản

DECREE

AMENDING AND SUPPLEMENTING THE GOVERNMENT'S DECREE NO. 111/2005/ND-CP OF AUGUST 26, 2005, DETAILING AND GUIDING A NUMBER OF ARTICLES OF THE PUBLICATION LAW

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the December 3, 2004 Publication Law, which was amended and supplemented on June 3, 2008;
At the proposal of the Minister of Information and Communication,

DECREES:

Article 1. To amend and supplement a number of articles of the Government's Decree No. 111/2005/ND-CP of August 26, 2005, detailing and guiding a number of articles of the Publication Law

1. To amend and supplement Point d, Clause 1 and Point c, Clause 2, Article 5 as follows:

"Article 5. The Ministry of Information and Communication's tasks and powers concerning state management of publication activities

1. The Ministry of Information and Communication shall assist the Government in the unified state management of publication activities nationwide and has the following tasks and powers:

d/ Granting and withdrawing permits to establish publishing houses and Vietnam-based representative offices of foreign publishing houses and foreign publication distributors, and permits for non-commercial import of publications under Articles 16, 24, 40 and 43 of the Publication Law;

2. The Publication Department is a functional agency under the Ministry of Information and Communication and has the following tasks and powers:

c/ Taking responsibility before the Minister of Information and Communication for granting and withdrawing permits for publication of non-commercial documents; printing of publications; subcontract printing of publications for foreign parties; commercial and non-commercial import of publications; and publication exhibitions and fairs under Articles 22, 23, 31, 34, 40 and 42 of the Publication Law.

2. To amend and supplement Point b, Clause 2, Article 6 as follows:

"Article 6. Provincial-level People's Committees' tasks and powers concerning state management of publication activities in localities

2. Provincial-level Information and Communication Services are functional agencies under provincial-level People's Committees and have the following tasks and powers:

b/ Taking responsibility before provincial-level People's Committee presidents for granting and withdrawing permits for publication of non-commercial documents: and publication exhibitions and fairs to local agencies, organizations and individuals, and local branches, representative offices and units of central agencies and organizations: permits for printing of publications and subcontract printing of publications for foreign parties to local printers: and permits for non-commercial import of publications under Articles 22, 31, 34, 40 and 42 of the Publication Law.

3. To annul Article 10 on registration of publication plans. Publishing houses' publication plan registration complies with Article 18 of the December 3, 2004 Publication Law. which was amended and supplemented on June 3, 2008.

4. To amend and supplement Article 18 as follows:

"Article 18. Registration of commercial import of publications

1. Registration of commercial import of publications complies with Article 39 of the Publication Law.

2. The list of registered imported publications certified by the Ministry of Information and Communication serves as a basis for an importer to carry out customs procedures.

3. An importer's list of registered imported publications certified by the Ministry of Information and Communication is valid through December 31 of the year of registration; past this time limit, an importer which fails to import registered publications shall re-register them prior to import."

5. To amend and supplement Article 20 as follows:

"Article 20. Permit application dossiers of representative offices of foreign publication distributors

1. A permit application dossier of a representative office of a foreign publication distributor under Article 43 of the Publication Law shall be made in two versions, one in Vietnamese and one in English.

2. An operation permit for a representative office of a foreign publication distributor is valid for five years from the date of issue and may be extended, with each extension not exceeding five years."

6. To amend and supplement Article 21 as follows:

"Article 21. Re-grant of permits for publication activities

Publication importers and Vietnam-based representative offices of foreign publishing houses and publication distributors which were licensed before January 1, 2009, shall apply for operation permits again.

Pending the receipt of new permits, publication importers and Vietnam-based representative offices of foreign publishing houses and publication distributors may continue operation."

7. To replace the phrase "Ministry of Culture and Information" with the phrase "Ministry of Information and Communication" in Article 4; Point a, Clause 2, Article 5; Points d and e, Clause 1, Article 6; Point e and f, Clause 2, Article 6; and Articles 7, 8, 9, 11, 15, 17, 19 and 23; to replace the phrase "provincial-level Culture and Information Service" with the phrase "provincial-level Information and Communication Service" in Articles 11, 12, 13, 15, 17 and 19; to replace the phrase "culture and information" with the phrase "information and communication" in Article 14 of the Government's Decree No. 111/2005/ND-CP of August 26, 2005.

Article 2. To add a number of articles to the Government's Decree No. 111/2005/ND-CP of August 26, 2005, detailing and guiding a number of articles of the Publication Law

1. To add the following Article 11a:

"Article 11a. Information printed on publications

1. Information shall be printed on publications in accordance with Article 26 and not in contravention of Article 10 of the Publication Law.

2. On the front cover of a book or a document in book form (below collectively referred to as book), the name of the author, translator, transcriber or joint publisher shall not be printed in the following cases:

a/ Books of the full texts of laws and resolutions of the National Assembly: ordinances and resolutions of the National Assembly Standing Committee, or documents of the Party;

b/ Books of the full texts of prayers or rules of religions lawfully practiced in Vietnam.

3. The name of the author, translator, transcriber or joint publisher may not be printed overlapping the image of the national flag, coat of arms. Party flag, map of Vietnam, or portrait of a Party or State leader, which is printed on the front cover of a book.

4. To print on the last page of a book the following information:

a/ The names of the person responsible for publication, content editor, designer, illustrator, technical editor and proof reader;

b/ The serial number of the publication plan registration, the serial number of the publishing house director's decision or the publication permit issued by a publication state management agency, the book's size, number of copies, the printer's name and the time of depositing.

When it is technically impossible to print the information specified at Points a and b of this Clause on the last page, the above information shall be printed on the page following the one printed with the book title."

2. To add the following Article 11b: "Article 11b. Online publication and distribution

1. Online publication means a publishing house's first presentation of the full text of a work or document on the Internet.

Online publication and distribution must comply with the Government's Decree No. 97/2008/ND-CP of August 28, 2008, on management, provision and use of Internet services and online information.

2. Publications shall be published on the Internet by publishing houses according to the following regulations:

a/ Prior to online publication, a publishing house shall register its publication plan with the Publication Department, which must specify the time and website for publication. The Publication Department shall certify in writing such registration within 10 days after receiving the publishing house's publication plan;

b/At least 10 days before online publication, the publishing house shall deposit one copy of the publication saved in a data storing device (CD-ROM, DVD, VCD, or USB. or emails with a capacity not exceeding 3 MB) at a depository under Article 12 of this Decree;

c/ The website on which the publication is posted must have the domain name (".vn") granted by a competent Vietnamese agency:

d/ Subsequent edition or edition with modifications and supplements of a publication complies with Clause 3 of this Article.

3. Works and documents which have been published and circulated lawfully shall be published on the Internet by publishing houses or publication distributors according to the following regulations:

a/ Such publication is subject to written approval of the author or copyright owner under the intellectual properly law;

b/ Prior to online publication, a publishing house or distributor shall submit to the Publication Department a report on the publication's title, the author's name, the website address and the date of posting.

When detecting an online publication violating the Publication Law, the Publication Department shall request in writing the publishing house or distributor to stop the distribution of such publication.

4. Online distribution of a publication of a publishing house, agency or organization which has been dissolved, merged or split, is subject to written approval of the author, agency or organization which is transferred civil rights and obligations of the dissolved, merged or split publishing house, agency or organization (if any).

3. To add the following Article 18a:

"Article 18a. Non-commercial import of publications

1. The non-commercial import of publications by Vietnamese agencies, organizations and individuals, and foreign organizations and individuals, international organizations and overseas Vietnamese operating in Vietnam (below collectively referred to as individuals and organizations) must be permitted by competent Vietnamese agencies.

2. Organizations and individuals shall only carry out customs procedures under the customs law without having to apply for a permit when importing the following publications into Vietnam:

a/ Documents for international seminars and conferences which arc permitted to be held in Vietnam by competent Vietnamese authorities;

b/ Publications being movable assets of organizations, families and individuals for private

use;

c/ Publications included in personal effects of people on entry for personal use;

d/ Publications as presents to organizations and individuals which are delivered by post and have a value not exceeding the duty-free level prescribed by law.

3. Publications specified at Points a and b, Clause 2 of this Article shall be re-exported after use; if they are transferred to other Vietnamese agencies, organizations or individuals, those agencies, organizations or individuals shall carry out import procedures under Article 18b of this Decree.

Publications specified at Point d, Clause 2 of this Article are subject to import licensing procedures if they have a value exceeding the prescribed duty-free level.

4. The import of publications by organizations and individuals entitled to privileges and immunities complies with the customs law and treaties to which Vietnam is a contracting party.

5. The import of publications violating Article 10 of the Publication Law is prohibited."

4. To add the following Article 18b:

"Article 18b. Licensing of non-commercial import of publications

1. The Publication Department shall take responsibility before the Minister of Information and Communication for licensing non-commercial import of publications for the following Hanoi-based agencies and organizations:

a/ Central agencies and organizations;

b/ Foreign agencies and organizations;

c/ International organizations.

2. Provincial-level Information and

Communication Services shall take responsibility before provincial-level People's Committee presidents for licensing non-commercial import of publications for the following entities:

a/ Local agencies, organizations and individuals;

b/ Local branches, representative offices and units under central agencies and organizations;

c/ Foreign agencies and organizations and international organizations based or operating in localities;

d/ Foreigners coming to or living in localities.

3. Before importing non-commercial publications, an individual or organization shall submit an import permit application to a competent licensing agency specified in Clause 1 or 2 of this Article, which specifies the type of publication, content, quantity, origin and purpose and scope of use of the imported publication.

For publications imported for professional research, a written request of a minister, or head of a ministerial-level agency, government-attached agency, or central or provincial-level agency or organization in charge of such professional domain is required.

4. Within 10 working days after receiving a valid and complete dossier, a competent agency under Clause 1 or 2 of this Article shall grant an import permit; in case of refusal, it shall issue a reply clearly stating the reason.

5. When the licensing agency needs to evaluate the content of a publication before licensing, the applicant must satisfy the requirements of the licensing agency.

6. The Ministry of Information and Communication shall prescribe application and permit forms and procedures for evaluating non-commercial imported publications."

5. To add the following Article 18c:

"Article 18c. Conditions for obtaining publication import permits

1. Conditions for obtaining a publication import permit under Clause 2, Article 38 of the Publication Law:

a/ Possessing a business registration certificate or investment certificate;

b/ The head of the business must permanently reside in Vietnam; possess a university diploma in publication distribution or a certificate in publication distribution training issued by a competent Vietnamese agency if he/she possesses a university diploma in another discipline; have full civil act capacity and face no business ban under law.

2. For book import, in addition to the conditions specified in Clause 1 of this Article, the following conditions must be met:

a/ Having at least five book content evaluators who work under long-term contracts and buy social insurance;

These evaluators must possess a university or higher degree in a foreign language relevant to the language used in most of imported books, have five or more years working in publication or publication import and face no business ban under law;

b/ Having at least seven book content evaluation collaborators working under job-based labor contracts;

These collaborators must possess a university or higher degree in a foreign language and relevant professional knowledge and skills of evaluating imported books;

c/ Having an office and business venue of at least 100 square meters;

d/ Having owner capital of at least VND 5 billion."

6. To add the following Article 18d:

"Article 18d. Publication import permit application dossiers

1. A publication import permit application dossier under Clause 3, Article 38 of the Publication Law comprises:

a/ An application for commercial import of publications addressed to the Publication Department; and a written request of the managing agency (if any);

b/ Valid authenticated copies of the business registration certificate or investment certificate;

c/ A valid authenticated copies of the diploma or certificate and judicial record of the head of the publication importer.

2. For commercial import of books, in addition to the papers specified in Clause 1 of this Article, the following papers are required:

a/ A list of book content evaluation staff and collaborators enclosed with copies of their labor contracts;

b/ Valid authenticated copies of foreign-language diplomas of book content evaluation staff and collaborators;

c/ Valid authenticated copies of labor contracts, social insurance books and judicial records of book content evaluators;

d/ Written certifications of working experience of book content evaluators issued by the agencies or organizations which have employed those evaluators;

e/ Written certifications of owner capital and the area of the business venue issued by competent state agencies.

3. The Ministry of Information and Communication shall promulgate forms of the application, list of book content evaluation staff and collaborators and permit for commercial import of publications."

Article 3. To annul Forms No. 1, 2 and 3 attached to the Government's Decree No. 111/2005/ND-CP of August 26, 2005.

Article 4. Implementation provisions

1. This Decree takes effect 45 days from the date of its signing.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of provincial-level People's Committees shall implement this Decree.