Chương I Nghị định 60/2014/NĐ-CP: Những quy đinh chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Decree prescribes printing activities regarding operation conditions of printing establishments; prepress, press and postpress; duplication (below referred to as photocopying); cooperation of printing establishments for the prepress, press and postpress of printed products; and import of equipment of printing industry.

Prepress, press and postpress of publications must comply with the law on publication.

2. This Decree applies to Vietnamese and foreign organizations and individuals related to printing activities in the Vietnamese territory. In case a treaty to which the Socialist Republic of Vietnam is a contracting party contains different provisions, such treaty prevails.

Article 2. Interpretation of terms

In this Decree, the terms and phrases below are construed as follows:

1. Prepress means the creation of printing films or printing plates of tracing paper or metal for printing, or of master documents for photocopying.

2. Press means the use of technology and equipment to create printed products.

3. Postpress means the use of technology, equipment, instruments and techniques to turn printed sheets into finished printed products according to their specimens.

4. Printed product means a product created by technology and equipment of printing industry on different materials. Printed products include:

a/ Newspapers, magazines and other press publications prescribed by the press law;

b/ Paper forms issued by state agencies;

c/ Anti-counterfeit stamps;

d/ Financial invoices, cards and papers with pre-printed face value or for inscription of face values (excluding banknotes);

dd/ Publications prescribed by the publication law;

e/ Merchandise packages and labels;

g/ Documents and papers of organizations and individuals;

h/ Other printed products.

5. Equipment of printing industry means machinery and tools to perform one or many steps of prepress, press, postpress and photocopying (below collectively referred to as printing equipment).

6. Printing establishment means an enterprise, a business household or public non- business unit directly performing one or all of steps of prepress, press and postpress.

7. Photocopying service establishment means an enterprise, a business household or public non-business unit directly providing the photocopying service.

8. Head of printing establishment or photocopying service establishment means an at-law representative named in one of the following papers: business registration certificate, enterprise registration certificate, investment certificate or appointment decision of a competent agency, for printing or photocopying service establishments being public non-business units.

9. Owner of printing establishment or photocopying service establishment means an organization or individual that holds capital of a printing or photocopying service establishment, or a partner in case such establishment is a partnership as prescribed by the law on enterprises.

Article 3. State policies toward printing activities

Printing activities are conditional production and business activities. The State shall adopt policies toward printing activities, including:

1. To encourage and give preferential treatment to investment in the application of printing technologies, techniques and equipment that are efficient in energy, materials and labor and environment-friendly; to restrict the use, and prohibit the manufacture and import, of printing equipment using obsolete and polluting technologies.

2. To adopt investment, tax and land rental incentives for printing activities serving political, national defense, security and other important tasks of the country in accordance with law.

Article 4. Contents of state management of printing activities

1. Formulating master plans, plans and policies on printing activities.

2. Formulating and promulgating legal documents, standards and technical regulations on printing activities.

3. Managing professional training in printing activities.

4. Managing scientific research and technology application in printing activities.

5. Managing international cooperation in printing activities.

6. Granting, re-granting and revoking licenses and certificates; managing operation registration and operations of printing establishments and managing operation declaration and operations of photocopying service establishments in printing activities.

7. Performing commendation, reward and disciplining work in printing activities.

8. Inspecting, examining, settling complaints and denunciations, and handling violations of law in printing activities.

Article 5. Tasks and powers of the Ministry of Information and Communications in performing the state management of printing activities

The Ministry of Information and Communications shall assist the Government in unifying the state management of printing activities nationwide, having the following tasks and powers:

1. To assume the prime responsibility for, and coordinate with related agencies in, formulating and promulgating according to its competence, or submitting to competent agencies for promulgation, legal documents on printing activities, strategies, master plans, plans and policies of the State on printing activities.

2. To manage and organize scientific research and technology application in printing activities; to develop and promulgate standards and technical regulations on printing activities; to organize training in legal and professional knowledge in printing activities.

3. To manage and organize international cooperation in the printing field.

4. To grant, re-grant and revoke licenses and certificates; to certify registration and manage operations of printing establishments according to its competence.

5. To guide and implement information, reporting and statistics regulations and issue forms for use in printing activities.

6. To request organizations and individuals to suspend the prepress, press and postpress of printed products when detecting that such printed products show signs of violation of law.

7. To assume the prime responsibility for, and coordinate with related ministries and sectors in, forming an inter-sectoral organization at the central level to prevent and combat violations in printing activities and abuse of printing activities to produce counterfeit goods.

8. To perform commendation, reward and disciplining work in printing activities in accordance with law.

9. To inspect, examine and settle complaints and denunciations, and handle violations of law in printing activities according to its competence.

Article 6. Responsibilities of ministries and ministerial-level agencies in coordination of the state management of printing activities

1. The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with the Ministry of Information and Communications and related agencies in, promulgating according to its competence, or submitting to competent agencies for promulgation, state regulations on investment incentives for printing activities prescribed in Article 3 of this Decree.

2. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Information and Communications and related agencies in, promulgating according to its competence, or submitting to competent agencies for promulgation, regulations on incentives on taxes and payments to the state budget applicable to printing activities and allocation of state budget funds in accordance with law for the implementation of Article 3 of this Decree.

3. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with the Ministry of Information and Communications and related agencies in, managing, guiding, examining and inspecting the observance of laws and regulations on environmental protection in printing activities.

4. The Ministry of Public Security shall assume the prime responsibility for, and coordinate with the Ministry of Information and Communications and related agencies in, performing the state management of assurance of security and order and preventing and combating crimes in printing activities.

5. The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with the Ministry of Information and Communications and related agencies in, performing the state management of market control in printing activities.

6. Other ministries and ministerial-level agencies shall, within the scope of their respective functions, tasks and powers, coordinate with the Ministry of Information and Communications in, performing the state management of printing activities.

Article 7. Tasks and powers of People’s Committees in the state management of printing activities

1. People’s Committees of provinces and centrally run cities (below referred to as provincial-level People’s Committees) shall perform the state management of printing activities in their localities, having the following tasks and powers:

a/ To promulgate according to their competence master plans and plans on development of printing activities in localities; to promulgate, and guide the implementation of, laws and policies of the State on printing activities in localities;

b/ To guide the implementation of information and reporting regulations in printing activities;

c/ To grant, re-grant and revoke licenses and certificates; to certify registration and manage activities of printing establishments; to direct the management of declaration and activities of photocopying service establishments in localities according to their competence;

d/ To form inter-sectoral coordination organizations in localities to prevent and combat violations in printing activities and abuse of printing activities to produce counterfeit goods;

dd/ To request organizations and individuals to suspend the prepress, press and postpress of printed products when detecting that such printed products show signs of violation of law;

e/ To perform commendation, reward and disciplining work in printing activities in localities in accordance with law;

g/ To inspect, examine and settle complaints and denunciations, and handle violations of law in printing activities according to their competence.

2. People’s Committees of districts and towns (below referred to as district-level People’s Committees) shall manage the declaration and activities of photocopying service establishments according to their competence.

Article 8. Information and reporting responsibilities

1. Printing establishments and photocopying service establishments operating in the form of enterprise or public non-business unit shall make six-month reports or irregular reports at the request of state management agencies in charge of printing activities.

2. Printing establishments and photocopying service establishments operating in the form of business household shall make reports at the request of state management agencies in charge of printing activities.

3. State management agencies involved in printing activities shall, within the scope of their tasks and powers, coordinate with, and provide information to, state management agencies in charge of printing activities at the latter’s request.

4. The Minister of Information and Communications shall issue specific regulations on procedures and methods of sending reports, exchanging and providing information, and report forms used in printing activities.

Article 9. Prohibited acts

1. Prepress, press, postpress or photocopying of printed products and other papers containing the following contents:

a/ Propaganda against the State of the Socialist Republic of Vietnam; undermining the national great unity bloc;

b/ Propaganda to incite wars of aggression, terrorism and separatism, cause hatred and cause division among nations and peoples; provoke violence; spread reactionary ideas, debauched and obscene lifestyles; criminal acts, social evils, superstitious practices; and undermine fine customs and traditions;

c/ Disclosing state secrets, personal privacy and other secrets prescribed by law;

d/ Distorting history, negating revolutionary achievements; hurting the nation, national famous people and heroes; using Vietnam maps without showing or incorrectly showing national sovereignty; slandering, or hurting the prestige of, agencies and organizations or the honor and dignity of, individuals.

2. Printing or photocopying service establishments operating without printing licenses or registering or declaring operation in accordance with this Decree.

3. Abusing prepress, press, postpress or photocopying operations to illegally create and disperse printed products with contents in violation of Clause 1 of this Article; forging papers of state agencies; directly or indirectly producing counterfeit goods.

4. Conducting prepress, press or postpress in violation of the law on intellectual property or infringement upon lawful rights and interests of organizations and individuals.

5. Using printing equipment that serve internal activities for creating printed products for commercial purposes.

6. Manufacturing or importing printing equipment in violation of this Decree and other relevant regulations.

Other related violations as prescribed by law.

Article 10. Handling of violations in printing activities

1. Organizations that commit violations of this Decree shall, depending on the nature and seriousness of violation, be administratively sanctioned, and pay compensation in accordance with law for any damage caused.

2. Individuals that commit violations of this Decree shall, depending on the nature and seriousness of violation, be disciplined, administratively sanctioned or examined for penal liability, and pay compensation in accordance with law for any damage caused.

3. Organizations or individuals that violate the law on intellectual property in prepress, press, postpress or photocopying operations shall be handled in accordance with the law on intellectual property.

4. Violating printed products shall, depending on the nature and seriousness of their violations, be remedied, withdrawn, confiscated, banned from circulation or destroyed.

5. State management agencies in charge of printing activities shall take responsibility for their decisions; if their decisions are wrongful and cause damage, they shall pay compensation in accordance with law.