Chương 5 Nghị định 51/2002/NĐ-CP Hướng dẫn Luật Báo chí, Luật Báo chí sửa đổi: Quản lý nhà nước về báo chí

Chapter V

STATE MANAGEMENT OVER THE PRESS

Article 9.- Central-level State management agency in charge of the press

1. The Ministry of Culture and Information shall be held responsible before the Government for exercising State management over the press, having the following tasks and powers:

a/ To work out and direct the implementation of planning and plans for press development (including print journalism, online journalism, news agency, radio and television), investment and budget plans, pressman training and fostering planning and plans; to organize and manage the work of scientific and technological research and application in the field of mass media;

b/ To draft laws and sub-law documents, policies and regimes on the press; to guide the implementation of undertakings and policies on the press, policies on investment in and financial support for the press, policies and regimes for the press bodies and journalists;

c/ To grant and withdraw the press permits according to the provisions of Article 19 of the Press Law; to grant permits for the publication of special issues, additional issues, supplements, special programs and additional programs according to the provisions of Article 21 of the Press Law;

d/ To grant and inspect the use of press cards; to withdraw press cards;

e/ To inspect the press copyright deposit, to manage the national press copyright depository.

f/ To commend and/or reward organizations, individuals, press bodies and journalists that record achievements; to examine, inspect or coordinate the inspection of, the implementation of the Press Law and handle violations of the regulations on the press;

g/ To organize the provision of information to the press according to the provisions of the Press Law;

h/ To manage the press and journalists activities throughout the country, coordinate with the relevant agencies in managing Vietnamese press activities related to foreign countries and press activities of foreigners and foreign organizations in Vietnam.

i/ To conclude international agreements in the press field;

j/ To coordinate with ministries and ministerial-level agencies in managing the press in the spheres assigned by the Government.

The Press Department is the body to assist the Ministry of Culture and Information in performing the function of the State management over the press in the whole country.

2. The ministries and ministerial-level agencies shall have to coordinate with the Ministry of Culture and Information in exercising State management over the press, including the following contents:

a/ Performing the functions and tasks of the parent agencies of the dependent press bodies;

b/ Working out planning on the dependent press system;

c/ Directly directing and managing the dependent press bodies;

d/ Settling problems and complaints related to dependent press bodies.

Article 10.- Local State management agencies in charge of the press

The People’s Committees of the provinces and centrally-run cities shall be the local bodies to exercise the State management over the press, having the following tasks and powers:

1. To elaborate projects on local press development planning under the guidance of the Ministry of Culture and Information.

2. To inspect the implementation of the press legislation, policies and regimes by the local press bodies; to exercise the State management over the centrally-run press and the press of other localities which are based in their respective localities, under the authorization of the Ministry of Culture and Information.

3. To organize inspection or coordinate the examination and handling of, violations in the press activities, the import and circulation of foreign press in their respective localities according to law provisions.

The provincial/municipal Culture and Information Services shall assist the People�s Committees of the provinces and centrally-run cities in performing the function of State management over the press.

Article 11.- Press inspectorate

1. The Culture and Information specialized inspectorate shall perform the function of the specialized press inspection.

2. Inspection contents:

a/ Inspecting the observance of the legislation on press activities;

b/ Guiding the settlement of complaints about press activities;

c/ Proposing measures to ensure the implementation of the legislation on press activities and improvement of the press legislation and policies.

3. Subject to inspection are press activities of organizations, press bodies, journalists and individuals.

4. Powers of the inspectors:

a/ To propose the competent agencies to commend and/or reward the press bodies, journalists, organizations and citizens that record achievements in press activities;

b/ To decide on sanctions against administrative violations according to their jurisdiction; to propose the competent agencies to sanction administrative violations in cases where such violations fall beyond their jurisdiction; to propose the competent agencies to discipline violators, withdraw press cards or press activity permits;

c/ To request the involved parties and concerned parties to supply documents and evidences and reply questions directly related to the inspection;

d/ In the course of inspection, if detecting signs of crimes, to transfer dossiers to the competent investigation agencies;

e/ To exercise other powers as prescribed by law.

Article 12.- Conditions for being granted a press activity permit

1. Having the head of the press body, key positions and a contingent of reporters and editors, ensuring the press body�s activities.

The head of the press body, the key positions, reporters and editors of the press body must meet all criteria prescribed for pressmen.

The head of a press body can hold this position only in one press body.

2. Clearly defining the name of the press body, its guiding principles, objectives, service subjects and language, for all types of the press; the major distribution area, period of publication, size, number of pages, quantity and place of printing, for the print journalism and online journalism; the capacity, schedule, frequencies, broadcast coverage and place, for radio and television, in compatibility with the functions and tasks of the parent agency.

3. Being in line with the press development planning.

4. Having official headquarters and necessary material and technical foundations to ensure the operation of the press body.

5. For radio and television stations, in addition to the above conditions, the use of transmitters (capacity, schedule, coverage) and radio frequencies must be permitted by the State management agencies in charge of frequencies.

6. For organizations directly applying for permits for the establishment of press bodies in the provinces or centrally-run cities, they must get the provincial/municipal People�s Committees� certifications of their eligibility for carrying out press activities and the compatibility of their application for press activity permits with the local press development planning.

Article 13.- Granting of press activity permits

1. The Ministry of Culture and Information is the body to grant press activity permits, take responsibility for examining all conditions of organizations applying for press activities before granting the permits.

2. Press bodies that wish to publish publications or broadcast programs not prescribed in their press activity permits must apply for permission of the Ministry of Culture and Information.

3. Organizations having no press bodies and wishing to publish special issues must be permitted by the Ministry of Culture and Information.

4. Dossiers of application for press activity permits and publication of special issues shall comply with the stipulations and forms set by the Ministry of Culture and Information.

The Ministry of Culture and Information shall prescribe forms of dossiers and permits as well as regulations, and guide the permit-application procedures.

5. In case of refusal to grant permits, within thirty (30) days after receiving the dossiers of application for press activity permits, the State management agencies in charge of the press shall have to reply in writing, clearly stating the reasons therefor. Organizations, which are denied of permit granting, shall have the right to lodge complaints with the competent agencies or initiate lawsuits at courts.

Article 14.- Validity of the permits

1. Only after receiving the press activity permits, can the press bodies make announcements on the mass media, sign printing contracts, load information on the computer network or broadcast on the trial basis.

2. Ninety (90) days after their permits take effect, if the press bodies fail to commence operation, their permits shall be invalidated. The permit-granting agencies shall have to withdraw the permits. If wishing to continue operations, the press bodies shall have to fill in the procedures of application for permit re-granting.

3. If the press bodies temporarily cease or terminate their operations, they must notify such in writing to the Ministry of Culture and Information 10 days in advance; and make announcements thereon in their own press. In case of terminating operation, the permits shall be withdrawn.

4. For one of the following changes, the Ministry of Culture and Information�s permission is required:

a/ The name of the press;

b/ Its guiding principles, objectives, terms of publication, service subjects, major distribution area, broadcast coverage and language.

5. For one of the following changes, the permission of the State management agencies in charge of frequencies is required:

a/ The type of transmitter, capacity, schedule, broadcast coverage, place of broadcasting, technical properties of transmitting antennas;

b/ The radio frequencies or channels.

6. Changes in the layout of a newspaper masthead, size, number of pages, place of printing, distribution time, broadcasting schedule and time volume, place of broadcasting or headquarters must be reported in writing to and consented in writing by, the Ministry of Culture and Information.

Article 15.- Contents which must be inscribed in the front page, front cover and inside pages of newspapers and magazines:

1. For front page of a newspaper, front cover of a magazine:

a/ The press name;

b/ The name of the parent agency (printed under the press name);

c/ The issue number;

d/ The date of issuance;

2. Inside pages of newspapers and magazines:

a/ The permit number, date of issuance, permit-issuing agency;

b/ The address of the press body, its telephone, telex and fax numbers;

c/ The full name of the editor-in-chief;

d/ The place of printing, size and number of pages;

e/ The period of publication;

f/ The selling price.

Article 16.- Press copyright deposit

1. Objects:

a/ The press published and circulated on the territory of the Socialist Republic of Vietnam must be passed to copyright deposit before distribution;

b/ The press passed to copyright deposit must be clearly inscribed with: for copyright deposit, number of copies to be distributed, date and time of passing to copyright deposit, signature of the editor-in-chief or the authorized person.

2. Time for passing the press to copyright deposit:

a/ The daily print must be passed to copyright deposit before eight (8) a.m. every day.

b/ The print other than the dailies must be passed to copyright deposit six (6) hours before their distribution.

c/ The foreign press imported into the country under permission of the competent agencies for wide-range distribution must be passed to copyright deposit twelve (12) hours before distribution.

3. Copyright depository and number of copies of the press to be passed to copyright deposit:

a/ The press subject to copyright deposit shall be sent to:

- The Ministry of Culture and Information (the Press Department): six (6) copies (for foreign press imported for wide-range distribution, only 2 copies).

- The provincial/municipal Culture and Information Services of the localities where the press is published: one (1) copy.

- The national library: according to the regulation on copyright deposit of cultural products.

b/ The press not published in Hanoi shall be passed to copyright deposit through post to the Ministry of Culture and Information, simultaneously with the deposit to the provincial/municipal Culture and Information Services; the time of passing to copyright deposit shall be based on the postal stamp.

c/ The publications reprinted under permission must also be passed to copyright deposit as for the first-time printing.

4. The press passed to copyright deposit through post must be registered with the post offices in localities where they are published. The press passed to copyright deposit shall be sent in the quickest way and fully to the copyright deposit-receiving bodies.

5. For radio and television programs already broadcast and electronic information already launched onto the net, their written records must be kept at the press bodies for at least six (6) months and the relevant films, audio and video tapes and disks must be kept for at least thirty (30) days.

Article 17.- Press distribution

1. Press bodies shall distribute the press strictly according to the provisions of the press activity permits.

2. The post and telecommunication service shall have to distribute the domestic and imported press on the basis of contracts with the press bodies and agencies permitted to import the press in strict compliance with the prescriptions of their permits.

If organizations and individuals want to subscribe for the press through the post and telecommunication distribution system, the post and telecommunication service shall enter into contract with the press bodies in order to meet the organizations and individuals demand. Charges for transportation to each area shall comply with the distribution charge bracket promulgated by the Government.

Press bodies taking charge of part or the whole of the distribution work shall have to directly manage their distribution networks operation in strict compliance with law.

Organizations and individuals participating in the press distribution must abide by all the State’s regulations on the press distribution.

In cases where there are withdrawal orders of the Ministry of Culture and Information, the press bodies, organizations and individuals involved in the press distribution, the agencies permitted to import the press, the provincial/municipal Culture and Information Services as well as Public Security Services of the provinces and centrally-run cities shall have to execute them. The press bodies or agencies permitted to import the press shall bear all costs of the withdrawal of their publications.

3. The Ministry of Culture and Information shall, together with the State agencies in charge of the post, specify the distribution of the print. The Ministry of Culture and Information shall assume the prime responsibility and coordinate with the relevant agencies in submitting to the Prime Minister for promulgation the distribution charge rates applicable to each region in the country so as to distribute the press to the regions meeting with difficult or exceptionally difficult socio-economic conditions and communities of overseas Vietnamese.

4. The Ministry of Culture and Information shall specify the management of the contents of information received and transmitted directly via satellites, through computer networks and information rebroadcast by radio and television stations, Internet and Intranet establishments of Vietnamese organizations and foreign organizations based in Vietnam.

5. Vietnamese and foreign organizations and individuals may be entrusted by the press bodies and press-distribution establishments to distribute Vietnamese press to foreign countries.

6. The distribution of press published overseas into Vietnam must be permitted by the Ministry of Culture and Information.

Organizations and individuals that wish to import non-commercial press must obtain permits from the Ministry of Culture and Information.

Article 18.- Advertisements in the press

The press may publish or broadcast advertisements. The printing and broadcasting of advertisements in the press must comply with law provisions on advertisement on the territory of the Socialist Republic of Vietnam.

Article 19.- Press conferences

1. Organizations or individuals that wish to organize press conferences must notify such in writing to the State management agencies in charge of the press at least twenty four (24) hours before the press conferences:

a/ The central-level organizations shall notify the Ministry of Culture and Information (the Press Department);

b/ Organizations and citizens in the provinces and centrally-run cities shall notify the provincial/municipal People’s Committees (provincial/municipal Culture and Information Services);

The agendas of press conferences must conform to the functions, tasks and objectives of the concerned organizations.

2. A press conference shall be organized only after the State management agency in charge of the press issues its written consent at least six (6) hours before the press conference.

3. The Ministry of Culture and Information, the People’s Committees of the provinces or centrally-run cities may refuse or suspend press conferences if detecting signs of law violations or deeming that their contents violate Article 10 of the Press Law or Article 5 of this Decree.

4. Foreign agencies, organizations, delegations and individuals in Vietnam that wish to organize press conferences shall have to abide by the regulations on foreign press activities in Vietnam.