Chương I: Nghị định 195/2013/NĐ-CP hướng dẫn Luật xuất bản Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Decree details a number of articles of, and measures for implementing, the Publication Law regarding the responsibilities to perform the state management of, and to implement state policies on, publication activities; organization of and operation in the publishing, printing and distribution of publications and publishing and distribution of e-publications.

2. This Decree applies to domestic agencies, organizations and individuals, foreign organizations operating in the Vietnamese territory and foreign residents in Vietnam that are involved in publication activities.

Article 2. Tasks and powers of the Ministry of Information and Communications in performing the state management of publication activities

1. To assume the prime responsibility for, and coordinate with others in, formulating and promulgating according to its competence, or submitting to competent agencies for promulgation, legal documents, strategies, master plans, plans and state policies on publication activities, copyright and related rights in publication activities, and measures for preventing and combating illegal printing, printing of fake books, or printing in excess of registered quantities of publications.

2. To conduct scientific research and technological application in publication activities; to provide professional and skills training and retraining in publication activities.

3. To manage and organize international cooperation in publication activities.

4. To assume the prime responsibility for, and coordinate with related agencies in, specifying, or proposing competent agencies to specify, the policies prescribed at Points b and c, Clause 2; Points b and c, Clause 4; and Point b, Clause 5, Article 7 of the Publication Law.

4. To grant, renew, re-grant, extend and revoke licenses, certificates, practice certificates and registration certifications used in publication activities in accordance with the Publication Law and this Decree.

5. To receive, manage, read and examine deposited publications and handle violating publications in accordance with the Publication Law, this Decree and other relevant laws.

6. To guide and implement the information, reporting and statistical regimes and issue forms for use in publication activities.

7. To implement emulation and commendation work in publication activities; to select and award national prizes for publications of high value.

8. To request organizations and individuals to suspend the publishing, printing or distribution of publications in accordance with law when detecting signs of violation.

9. To examine, inspect, settle complaints and denunciations and handle law violations in publication activities according to its competence.

Article 3. Responsibilities of ministries and ministerial-level agencies in performing the state management of publication activities

1. The Ministry of Public Security shall assume the prime responsibility for, and coordinate with the Ministry of Information and Communications in, providing according to its competence, or proposing competent agencies to provide and guide, the implementation of measures to ensure security and order and prevent and combat crimes in publication activities.

2. The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with the Ministry of Information and Communications in, providing according to its competence, or proposing competent agencies to provide and guide, market management work in publication activities.

3. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with the Ministry of Information and Communications in, detailing according to its competence, or proposing competent agencies to detail, the environmental sanitation conditions prescribed at Point c, Clause 1; and Point e, Clause 2, Article 32 of the Publication Law.

4. The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with the Ministry of Information and Communications, the Ministry of Finance and related agencies in, specifying, or proposing competent agencies to specify, the policies prescribed at Point a, Clause 2; Point a, Clause 3; and Point a, Clause 5, Article 7 of the Publication Law.

5. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Information and Communications and related agencies in, providing according to their competence, or proposing competent agencies to provide, charges, fees, preferential policies on loan interests, taxes and other amounts payable to the state budget, and allocation of funds in accordance with law for implementation of the policies prescribed in Articles 7, 25, 39 and 41 of the Publication Law.

6. Ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, coordinate with the Ministry of Information and Communications in performing the state management of publication activities.

Article 4. Tasks and powers of provincial-level People’s Committees in performing the state management of publication activities

1. To promulgate according to their competence master plans and plans on development of publication activities in their localities; to promulgate, and guide the implementation of, the State’s laws and policies on publication activities in their localities.

2. To grant, re-grant, renew and revoke licenses and registration certifications in accordance with the Publication Law and this Decree.

3. To receive, manage, read and examine deposited publications and handle violating publications in accordance with the Publishing Law, this Decree and other relevant laws with regard to publications for which they have granted publication permits.

4. To implement the information, reporting and statistical regimes and emulation and commendation work in publication activities in accordance with law.

5. To examine, inspect, settle complaints and denunciations and handle law violations in publication activities according to their competence.

Article 5. Information and reporting regimes in publication activities

1. Agencies managing publishing houses and organizations and individuals involved in publishing, printing or distribution of publications shall make periodical and irregular reports according to regulations.

2. Provincial-level People’s Committees shall make periodical and irregular reports on publication activities and the state management of publication activities in their localities to the Ministry of Information and Communications.

3. Ministries, ministerial-level agencies and government-attached agencies shall, within the ambit of their functions, tasks and powers, coordinate in one another in exchanging and providing information serving the state management of publication activities.

4. The Minister of Information and Communications shall specify in detail the order, procedures and methods for reporting and forms of reports on publication activities.

Article 6. Conditions for establishment and contents of operation of Vietnam-based representative offices of foreign publishing houses and foreign publication distribution organizations

1. Conditions for establishment:

a/ The publishing house or publication distribution organization is operating lawfully in a foreign country;

b/ The person expected to be appointed as head of the representative office permanently resides in Vietnam, has full civil act capacity in accordance with law, possesses a university or higher degree and is neither being examined for penal liability nor serving a legally effective court judgment;

c/ Having a location for establishing the representative office.

2. Operation contents:

A representative office must fully observe the Publication Law, this Decree and other regulations of Vietnam on representative offices and may conduct the following activities:

a/ Introducing, displaying, organizing exhibitions on, advertising, or otherwise disseminating information in accordance with Vietnamese law about, the organization and publications of the publishing house or publication distribution organization it represents;

b/ Supporting trade promotion, cooperation, exchange of copyright, publishing, printing and distribution of publications for the publishing house or publication distribution organization it represents.

Article 7. Grant, re-grant and extension of licenses for establishment of Vietnam- based representative offices of foreign publishing houses and foreign publication distribution organizations

1. The grant of a representative office establishment license is as follows:

a/ A dossier of application for a representative office establishment license (in Vietnamese, enclosed with the notarized English translation) addressed to the Ministry of Information and Communications comprises: an application for the license; a written certification of the lawful operation of the concerned publishing house or publication distribution organization in the country where it is headquartered, issued by a competent foreign authority; papers proving the availability of office space for the reprehensive office or the office space lease contract for the representative office; certified copies of the university or higher decree, judicial report and civil status book of the head of the representative office or papers proving that he/she is permitted to permanently reside in Vietnam, issued by a competent Vietnamese agency;

b/ Within 30 days after receiving a complete dossier, the Ministry of Information and Communications shall grant a representative office establishment license; in case of refusal to grant a license, it shall issue a reply clearly stating the reason.

A representative office establishment license is valid for 5 years from the date of grant and may be extended with each extension not exceeding 5 years.

2. The re-grant or extension of a representative office establishment license is as follows:

a/ Within 5 days after its representative office establishment license is lost or damaged, a foreign publishing house or publication distribution organization shall submit a dossier of application for re-grant of the license. A dossier addressed to the Ministry of Information and Communications comprises an application for re-grant of the license and a copy of the license (if available) or the damaged license;

b/ At least 30 days before its representative office establishment license expires, a foreign publishing house or publication distribution organization may apply for extension of the license. A dossier addressed to the Ministry of Information and Communications comprises an application for extension of the license and the granted license;

c/ Within 15 days after receiving a complete dossier, the Ministry of Information and Communications shall re-grant or extend the license; in case of refusal, it shall issue a written reply clearly stating the reason.

3. The Minister of Information and Communications shall specify the forms of applications for grant, re-grant or extension of representative office establishment licenses and the form of representative office establishment license provided in Clauses 1 and 2 of this Article.