Chương 3 Nghị định 51/2002/NĐ-CP Hướng dẫn Luật Báo chí, Luật Báo chí sửa đổi: Nhiệm vụ và quyền hạn của báo chí

Chapter III

TASKS AND POWERS OF THE PRESS

Article 4.- Correction in the press

1. When the competent State agencies make written conclusions that the contents of information in the press are untrue, distorted, slanderous or infringe upon the prestige of organizations, honor or dignity of individuals, the press bodies shall have to publish or broadcast such conclusions verbatim together with their own apologies and/or the authors. The press bodies shall have to publish or broadcast the conclusions in the same column with the same font and size of letters (for the print journalism and online journalism) or in the same program (for radio and television) which has broadcast the said information.

The time for such publication or broadcasting shall be counted from the date the press bodies receive the written conclusions, as follows: five (5) days for the dailies, radio and television; ten (10) days for the weeklies and in the very next issue, for magazines. For magazines published once every over thirty (30) days, besides publishing them on the nearest issues, the press bodies shall, through a daily or radio or television that has an equal distribution area or broadcast range, publish or broadcast such conclusions and bear all the correction costs.

2. In cases where the press bodies or authors detect by themselves that the contents of information in their press or their works are untrue, distorted, slanderous or infringe upon the prestige of organizations, honor or dignity of individuals, they shall have to make corrections or apologies in their own press and, at the same time, send written corrections or apologies to those organizations or individuals.

The mode of making correction and apology in the press shall comply with the provisions in Clause 1 of this Article.

3. The press bodies, which receive written statements about matters raised in the press from organizations or individuals that have grounds to believe that the press has given untrue or distorted information, thus slandering or hurting them, shall have to publish or broadcast such statements in the right column or program where the information has been published or broadcast. The space or time volume for such statements must not exceed the space or time volume having been devoted to publishing or broadcasting such information.

In case of disagreement with the organizations or individuals statements, the press bodies may provide more information to clarify their points of view. Where opinions of organizations, individuals and press bodies have been published or broadcast thrice but no consent is reached among the involved parties, the State management agencies in charge of the press shall have the right to request them to stop publishing or broadcasting the information. Organizations and individuals shall have the right to lodge complaints to the parent agencies of the concerned press bodies and/or the State management agencies in charge of the press or initiate lawsuits at courts according to law provisions.

The procedures and time for publishing or broadcasting statements of organizations and individuals shall comply with the provisions in Clause 1 of this Article.

The press bodies may refuse to publish or broadcast statements of organizations or individuals if such statements violate laws, infringe upon the prestige or honor of the press bodies or the authors. In that case, the press bodies shall have to send written notices to the concerned organizations or individuals, clearly stating the reasons therefor and, at the same time, send reports to the State management agencies in charge of the press.

Article 5.- Things which must not be informed in the press

To specify the provisions of Article 10 of the Press Law as follows:

1. Not to publish or broadcast those press, artistic or literary works or documents in contravention of law, with contents opposing the State of the Socialist Republic of Vietnam and undermining the entire people’s unity bloc.

2. Not to describe meticulously obscene or horrible slaughtering acts in news reports, articles or images on criminal cases and acts. Not to publish or broadcast obscene news reports, articles, images, pornographic pictures or photos, which are inaesthetic and incompatible with Vietnam’s fine customs and traditions.

3. Not to publish or broadcast personal photos without clear captions or which affect the concerned individuals prestige or honor (except for photos giving information on public meetings or collective activities, working sessions, art performances, sports and physical training, wanted persons, open court hearings or defendants in serious cases, who are serving court sentences).

4. Not to publish or broadcast news reports, articles and/or photos which badly affect the people’s private life or publicize personal documents and/or letters of individuals without consent of the senders or the receivers or the lawful owners of those documents and/or letters. For personal documents or letters related to negative phenomena or law violations, the press bodies shall comply with the provisions of Clause 6, this Article.

5. Not to publish or broadcast news reports and/or articles disseminating bad practices or superstition. For information on new scientific issues, which have yet been concluded, or mysteries, there must be cross-references to sources of materials (the works� origin, place and time of publicization).

6. The use of the Party’s, State’s and organizations documents must strictly comply with the provisions of the December 28, 2000 Ordinance on the Protection of State Secrets.

Regarding organizations� documents, individuals documents and letters relating to cases under investigation or awaiting judgment, the press bodies shall have the right to exploit their own information sources and take responsibility before law for the contents of such information.