Chương II: Nghị định 195/2013/NĐ-CP hướng dẫn Luật xuất bản Lĩnh vực xuất bản

Chapter II

PUBLISHING

Article 8. Conditions for establishment and assurance of operations of publishing houses

1. In addition to the conditions prescribed in Clauses 1, 2 and 4, Article 13 of the Publication Law, a publishing house may be established when the following conditions are fully met:

a/ Having a head office of at least 200 square meters (m²) for use;

b/ Having at least VND 5 (five) billion for publication activities;

c/ Having sufficient equipment for publication activities.

2. Managing agencies of publishing houses shall maintain the conditions prescribed in Clause 1 of this Article throughout the operation of their publishing houses.

3. A publishing house and its managing agency shall arrange an annual fund of at least VND 5 (five) billion for the publishing house to perform its publication tasks according to its operation guidelines and objectives.

Article 9. Approval of the appointment, dismissal and relief from duty of general directors (directors) and editors-in-chief of publishing houses

1. The approval of the appointment, dismissal or relief from duty of general directors (directors) and editors-in-chief of publishing houses is as follows:

a/ Before appointing the general director (director) or editor-in-chief of a publishing house, the managing agency shall send a dossier to the Ministry of Information and Communications. The dossier comprises: A written request for approval of the appointment; the resume of the to-be-appointed person; and a certified copy of the university or a higher degree of the person to be appointed as general director (director) or a copy of the editing practice certificate of the person to be appointed as editor-in-chief;

b/ Before dismissing or relieving from duty the general director (director) or editor-in-chief of a publishing house, the managing agency shall send to the Ministry of Information and Communications a written request for approval of the dismissal or relief from duty;

c/ Within 20 days after receiving a complete dossier from the managing agency, the Ministry of Information and Communications shall issue a written approval or disapproval of the appointment, dismissal or relief from duty of the general director (director) or editor- in-chief of the publishing house.

2. The Ministry of Information and Communications shall request managing agencies of publishing houses to consider dismissing or relieving from duty general directors (directors) or editors-in-chief of publishing houses who commit serious violations of the law on publication activities.

Article 10. Publication registration and certification of publication registration

1. The publication registration by publishing houses must comply with Clause 1, Article 22 of the Publishing Law, regardless of quantity of works, documents and publications registered each time, and publishing houses shall take responsibility before law for the contents of publication registration.

2. A publication registration dossier comprises:

a/ A written registration with a summary of subject matters, topics and contents of each work or document registered for publishing, publications registered for re-publishing and other information, made according to the form provided by the Minister of Information and Communications;

b/ The written content appraisals for works or documents subject to content appraisal.

3. Within 7 working days after receiving a complete publication registration dossier from a publishing house, the Ministry of Information and Communications shall certify the publication registration in writing and grant publication registration certification numbers for each work, document or publication registered for re-publishing, and international standard book numbers (ISBNs); in case of refusal to certify publication registration, it shall issue a written reply clearly stating the reason.

4. In the course of registration certification, the Ministry of Information and Communications may request publishing houses to seek appraisal for or give explanations about works or documents registered for publishing or publications registered for re­publishing to serve the publication registration.

5. The written publication registration certification serves as a basis for a publishing house to issue publication decisions for each work, document or to-be-re-published publication. The deadline for issuing publication decisions is December 31 of the year of registration certification; if failing to publish a work or document or re-publish a publication, the publishing house shall report such to the Ministry of Information and Communications before March 31 of the year following the year of registration certification, and the granted publication registration number and ISBN will be no longer valid.

6. The Minister of Information and Communications shall specify the management, position and size of, technical requirements for, and method of inscribing publication registration numbers and ISBNs, and the method of conducting online publication registration.

7. The Ministry of Information and Communications shall refuse to certify publication registration in the following cases:

a/ The publication registration contents do not conform with the operation guidelines, objectives, functions and tasks of the concerned publishing house;

b/ Works and documents registered for publishing for publications registered for re-publishing are involved in disputes over copyright and related rights;

c/ Works, documents and publications have been previously rejected for publication registration, banned from circulation, confiscated or destroyed by the Ministry of Information and Communications, or have been withdrawn or destroyed by the publishing house;

d/ Works, documents or publications are to be published or re-published under joint publication plans with a partner that has been sanctioned for administrative violations in publication activities twice (2) or more times within 12 months counting from the date of being sanctioned for the first time, or a partner that does not satisfy the conditions prescribed for joint publication or fails to observe requirements of state management agencies of publication activities;

dd/ The publishing house fails to comply with management measures applied by state management agencies of publication activities in accordance with law;

e/ Other cases decided by the Ministry of Information and Communications.

Article 11. Joint publication activities

In addition to complying with Article 23 of the Publication Law, publishing houses and their partners must meet the following requirements:

1. For publishing houses:

To sign printing contracts directly with printing establishments having publication printing permits and sign publication distribution decisions.

2. For partners:

a/ To have certified copies of identity cards or passports which remain valid in accordance with law, for the individuals prescribed at Point a, Clause 1, Article 23 of the Publication Law, or certified copies of the papers proving the legal person status, for the organizations prescribed at Point c, Clause 1, Article 23 of the Publication Law;

b/ To have papers proving that it has a staff of at least 3 (three) editors possessing editing practice certificates, in case of joint publication in the form of preliminary editing of manuscripts;

c/ To comply with publication decisions of the general director (director) of the publishing house; to correct, suspend the distribution, withdraw or destroy publications under decisions of the general director (director) of the publishing house.

Article 12. Licensing of publication of non-commercial documents

1. Non-commercial documents to be licensed for publication under Article 25 of the Publication Law include:

a/ Public information documents serving political tasks, major anniversaries and important events of the country;

b/ Documents guiding the study and implementation of the Party’s lines and policies and the State’s laws;

c/ Documents guiding measures for natural disaster and epidemic prevention and control and environmental protection;

d/ Records of conferences and seminars and development records of Vietnamese agencies and organizations;

dd/ Brochures on operations of foreign agencies and organizations lawfully operating in Vietnam;

e/ Documents on the history of the Party and local administrations; documents serving political tasks of localities, with opinions of superior-level Party organizations or agencies.

2. The competence to license publication of non-commercial documents is prescribed in Clause 1, Article 25 of the Publication Law.

For documents of units under the people’s army or people’s police, state management agencies of publication activities shall grant publication permits after obtaining opinions of the Ministry of National Defense or the Ministry of Public Security or agencies authorized by the Ministry of National Defense or the Ministry of Public Security.

3. The Minister of Information and Communications shall specify the dossier and procedures for applying for publication permits for non-commercial documents prescribed in Clause 1 of this Article.