Chương IV: Nghị định 195/2013/NĐ-CP hướng dẫn Luật xuất bản Xuất bản và phát hành xuất bản phẩm điện tử

Chapter IV

PUBLISHING AND DISTRIBUTION OF E-PUBLICATIONS

Article 17. Conditions for publishing and distribution of e-publications

1. The conditions on equipment and technologies for publishing and distribution of e-publications are prescribed at Point a, Clause 1, and Point b, Clause 2, Article 45 of the Publication Law, specifically as follows:

a/ Having a server located in Vietnam, computers and other equipment serving the publishing and distribution of e-publications on the internet;

b/ Having equipment and software serving the design, layout, and recording of data on electronic devices;

c/ Having equipment for transmitting digitalized e-publications after they are edited, formatted and stored on electronic devices;

d/ Having a lawfully registered internet connection line for publishing and distribution of e-publications on the internet;

dd/ Having technical solutions to control the publishing and distribution of e-publications, including distribution, removal or restoration of e-publications for distribution;

e/ Having technical equipment and solutions to make statistics of and manage the number of e-publications already published and distributed;

g/ Having an storage system meeting technical requirements to store e-publications already published and distributed; stored e-publications must ensure the requirements on accuracy, integrity, information safety and accessibility as soon as they are created;

h/ Having a lawful digital certificate in accordance with the law on e-transactions and complying with standards and technical regulations on e-publications.

2. Criteria for technical personnel who operate and manage the process of publishing and distributing e-publications are prescribed at Point a, Clause 1 and Point a, Clause 2, Article 45 of the Publication Law, specifically as follows:

a/ Being trained in information technology and having worked in the information technology sector for at least 1 year; possessing good political and ethical qualities;

b/ Being qualified for operating and managing the technical equipment and solutions prescribed in Clauses 1 and 3 of this Article to serve the publishing and distribution of e-publications.

3. The technical measures prescribed at Point b, Clause 1, and Point b, Clause 2, Article 45 of the Publication Law are specified as follows:

a/ Having technical equipment and solutions to prevent and control computer viruses;

b/ Having technical equipment and solutions to prevent unauthorized access via the internet;

c/ Having a professional process for responding to information safety and security incidents;

d/ Having a professional process for identifying interferences that change the contents of e-publications;

dd/ Having technical solutions as prescribed by the Minister of Information and Communications to control the digital copyright of content providers and content distribution channels.

4. The Vietnam’s domain name prescribed at Point c, Clause 1, and Point c, Clause 2, Article 45 of the Publication Law must be a “.vn” domain name.

5. The Minister of Information and Communications shall specify appropriate conditions for publishing and distribution of e-publications prescribed in this Article in each period of technology development.

Article 18. Appraisal of e-publication publishing or distribution schemes and registration of the publishing and distribution of e-publications

1. The appraisal of e-publication publishing or distribution schemes is as follows:

a/ Publishing houses shall send e-publication publishing schemes and organizations and individuals shall send e-publication distribution schemes to the Ministry of Information and Communications;

b/ E-publication publishing or distribution schemes must explicitly express the satisfaction of the conditions prescribed in Article 17 of this Decree;

c/ Within 15 days after receiving a scheme, the Ministry of Information and Communications shall consider and give its written appraisal opinions.

2. The registration of the publishing and distribution of e-publications prescribed at Point d, Clause 1, and Point d, Clause 2, Article 45 of the Publication Law is as follows:

a/ Within 60 days after receiving the written approval of the Ministry of Information and Communications, the publishing house or organization or individual shall implement its/his/her scheme according to the appraisal opinions of the Ministry of Information and Communications and send a dossier of registration for e-publication publishing or distribution to the Ministry of Information and Communications. A dossier comprises a written registration for e-publication publishing or distribution and a copy of the Ministry of Information and Communications’ written approval of the scheme;

b/ Within 20 days after receiving a dossier of registration for e-publication publishing or distribution, the Ministry of Information and Communications shall examine the implementation of the scheme and grant a written registration of e-publication publishing or distribution; in case of refusal to grant the written registration, it shall issue a written reply clearly stating the reason;

c/ Publishing houses may publish e-publications and organizations and individuals may distribute e-publications only after obtaining the Ministry of Information and Communications’ registration certification.

3. The Minister of Information and Communications shall provide forms of the e-publication publishing and distribution scheme, written registration application and registration certification prescribed in Clauses 1 and 2 of this Article.

Article 19. Classification of e-publications and requirements on the contents and technical conditions of e-publications

1. E-publications are divided into 2 (two) categories:

a/ Those converted into the electronic form from publications lawfully published in other forms;

b/ Those created in the electronic form under publication decisions issued by general directors (directors) of publishing houses or permits for publishing non-commercial documents issued by state management agencies of publication activities, and not yet published in any other forms.

2. Requirements on the contents and technical conditions of e-publications prescribed at Point a, Clause 1 of this Article:

a/ The contents do not violate the provisions of Clause 1, Article 10 of the Publication Law or the publications are neither suspended nor banned from circulation nor withdrawn and destroyed;

b/ The contents are exactly the same as those of the original publications lawfully published in Vietnam;

c/ Having a digital format in accordance with the Minister of Information and Communications’ regulations on formats of text message, sound and image files;

d/ Having a lawful digital signature of the head of the organization or the individual conducting the distribution.

3. Requirements on the contents and technical conditions of e-publications prescribed at Point b, Clause 1 of this Article:

a/ The contents do not violate the provisions in Clause 1, Article 10 of the Publication Law;

b/ Meeting the requirements prescribed at Point c, Clause 2 of this Article and having the lawful digital signature of the general director (director) of the publishing house or the head of the agency or organization that is granted a permit for publishing non-commercial documents.

Article 20. Import of e-publications for commercial purposes

1. Distribution establishments having a publication import business license prescribed in Article 14 of this Decree may import e-publications for commercial purposes.

2. The import of e-publications for commercial purposes must comply with the following regulations:

a/ Before importing e-publications in data storage devices, publication importers shall register the import according to Article 39 of the Publication Law; in case of importing via the internet, they shall make and register with the Ministry of Information and Communications a list of imported publications at least 10 days before distributing such publications, enclosed with copies of import contracts or payment documents;

b/ E-publication importers shall appraise the contents of imported e-publications before distribution according to Article 16 of this Decree.

Article 21. Deposit of e-publications

1. When depositing e-publications at state management agencies of publication activities according to Article 48 of the Publication Law, publishing houses or agencies or organizations that are granted publication permits shall submit a copy of each e-publication recorded in a data storage device or submit via the internet e-publications in the digital format according to the Minister of Information and Communications’ regulations on the formats of text message, sound or image files, enclosed with 2 (two) deposit declarations made according to a set form.

2. The Minister of Information and Communications shall specify technical requirements on and methods of depositing e-publications.

Article 22. Responsibilities of publishing houses and agencies, organizations and individuals engaged in the publishing or distribution of e-publications

1. In addition to the responsibilities prescribed in Article 50 of the Publication Law, publishing houses, organizations and individuals engaged in the publishing, distribution or import of e-publications have the following responsibilities:

a/ To ensure that techniques and technologies used for publishing and distributing e-publications conform with this Decree and other laws on information technology and telecommunications;

b/ To ensure the integrity of contents and forms of e-publications;

c/ To comply with competent state management agencies’ requests for suspension of the publishing or distribution of e-publications or removal, or prevention of users from accessing, part or the whole of contents of publications showing signs of violation of law;

d/ Not to publish or distribute e-publications together with technical or technological applications causing information unsafety or insecurity to electronic devices;

dd/ Not to add information that falsifies the contents of e-publications or add information not required by e-publication users, except those prescribed by law or permitted by state management agencies in charge of publication activities;

e/ Not to illegally intervene so as to falsify the contents and forms of e-publications or commit illegal acts;

g/ To report and explain about the publishing, distribution or import of e-publications and contents of e-publications at the request of competent agencies;

h/ To take responsibility before law the publishing, distribution and import of e-publications and contents of e-publication.

2. E-publication users may not intervene in any forms to falsify the contents of e-publications.

Article 23. Cases subject to suspension or termination of the publishing or distribution of e-publications

1. The Ministry of Information and Communications shall request publishing houses, organizations and individuals to suspend the publishing or distribution of e-publications to rectify or remedy violations in the following cases:

a/ Failure to fully maintain the conditions prescribed in Article 17 of this Decree in the course of operation;

b/ Failure to comply with Article 22 of this Decree;

c/ Failure to abide by management measures applied by state management agencies of publication activities.

2. In case publishing houses, organizations or individuals that distribute e-publications fail to remedy the violations specified in Clause 1 of this Article, they shall terminate their operation under the Minister of Information and Communications’ decisions.