Chương III: Nghị định 195/2013/NĐ-CP hướng dẫn Luật xuất bản Lĩnh vực in, phát hành xuất bản phẩm

Chapter III

PRINTING AND DISTRIBUTION OF PUBLICATIONS

Article 13. Conditions and dossiers for grant of publication printing permits and cases of revocation of publication printing permits

1. To be granted a publication printing permit (covering the stages of layout, printing and post-printing processing of publications), a printing establishment must fully meet the following conditions:

a/ It complies with Clause 1, Article 32 of the Publication Law;

b/ Its owner is a Vietnamese organization or individual.

2. Papers and documents proving the satisfaction of the conditions on heads of printing establishments and production space and equipment in the dossier of application for a publication printing permit specified in Clause 2, Article 32 of the Publication Law are specified as follows:

a/ Regarding the head of the publication printing establishment: He/she must be the at-law representative indicated in the business registration certificate, enterprise registration certificate, investment certificate, or establishment decision issued by a competent agency; his/her diploma granted by a professional printing training institution must be a certified copy of a college or higher degree in printing or a certificate of training in publication printing management granted by the Ministry of Information and Communications;

b/ Regarding documents on production space: These documents must be originals or certified copies of land use rights certificates or contracts or other papers proving the allocation or rent of land or rent of production space or workshops;

c/ Regarding documents on equipment: These documents must be copies of papers on ownership or lease-purchase of equipment. In case equipment is unavailable, a list of to-be-invested equipment is required.

Within 6 months after being granted a publication printing permit, the printing establishment shall complete the purchase or lease-purchase equipment according to the list of to-be-invested equipment and send copies of purchase or lease-purchase documents to the licensing agency.

3. In addition to the provisions in Clause 8, Article 32 of the Publication Law, a publication printing establishment shall have its operation license revoked when:

a/ It no longer satisfies the conditions prescribed at Point b, Clause 1 of this Article;

b/ Past the 6-month time limit from the date of being granted a publication printing permit, it still fails to complete the investment in equipment under Point c, Clause 2 of this Article.

Article 14. Grant, re-grant and revocation of publication import business licenses

1. To be granted a publication import business license by the Ministry of Information and Communications, a publication import business (below referred to as publication importer) must fully meet the following conditions:

a/ It satisfies the requirements stated at Points a and b, Clause 3, Article 38 of the Publication Law, in which the diploma granted by a professional training institution to the head of the publication importer must be a university or higher degree in publication distribution.

In case the head of the publication importer possesses a university or higher degree in a major other than publication distribution, he/she must possess a certificate of training in publication distribution granted by the Ministry of Information and Communications.

b/ In case of importing books, in addition to the conditions prescribed at Point a of this Clause, the publication importer must have at least 5 (five) staff members qualified for book content appraisal. Specifically, these persons must have been engaged in publication activities in Vietnam for at least 5 years, possess a university or higher degree in foreign languages or a university degree in another major but obtain foreign-language qualifications suitable to the requirements on appraisal of imported book contents and possess a certificate of training in publication distribution granted by the Ministry of Information and Communications.

2. The dossier and time limit for grant of a publication import business license are as follows:

a/ The dossier of application for a publication import business license is prescribed in Clause 4, Article 38 of the Publication Law, and shall be made according to the form provided by the Minister of Information and Communications;

b/ Within 30 days after receiving a complete complete dossier, the Ministry of Information and Communications shall grant a publication import business license; in case of refusal, it shall issue a written reply clearly stating the reason.

3. A publication import business license may be re-granted if it is lost or damaged. The re-grant of a license is as follows:

a/ The publication importer sends an application for re-grant of the license to the Ministry of Information and Communication, enclosed with a copy of the granted license (if available);

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

4. In the course of operation, publication importers that fail to maintain the conditions prescribed in Clause 1 of this Article shall have their publication import business licenses revoked.

Article 15. Refusal to certify the registration of import of publications for commercial purposes

The Ministry of Information and Communications shall refuse to certify the registration of a publication importer for import of publications for commercial purposes in the following cases:

1. The publications show signs of violation of law.

2. The imported publications are subject to content appraisal but the publication importer fails to report appraisal results.

3. The publication importer fails to comply with management measures applied by state management agencies of publication activities in accordance with law.

4. Other cases decided by the Ministry of Information and Communications.

Article 16. Responsibility of publication importers to appraise contents of imported publications

1. Within 30 days after being granted a publication import business license, the publication importer shall issue an internal regulation on content appraisal of imported publications, send such regulation to the Ministry of Information and Communications and comply with such regulation throughout its operation.

2. Before distributing imported publications, the head of the publication importer shall appraise their contents as follows:

a/ To establish an appraisal board comprising a leader of the publication importer as its chairperson, experts in the fields related to the contents of to-be-appraised publications as its members and a staff member in charge of publication content appraisal as its secretary. The invitation of experts to join the appraisal board shall be decided by the head of the publication importer;

b/ The appraisal shall be conducted for each imported publication. Appraisal results shall be recorded in minutes to be reported to the Ministry of Information and Communications once every 3 months;

c/ In the course of appraisal, if detecting that the contents of an imported publication violate Clause 1, Article 10 of the Publication Law, the publication importer may not distribute the publication and shall promptly report such to the Ministry of Information and Communications.

3. When receiving the Ministry of Information and Communications’ requests for content appraisal of imported publications, heads of publication importers shall organize the appraisal and report appraisal results in writing.

Imported publications may be distributed only after obtaining written approval of the Ministry of Information and Communications.