Chương II Nghị định 88/2012/NĐ-CP: Hoạt động thông tin, báo chí của báo chí nước ngoài tại Việt Nam

Chapter 2.

INFORMATION AND PRESS ACTIVITIES OF FOREIGN PRESS IN VIETNAM

SECTION 1. NON-PERMANENT REPORTER

Article 4. Procedures for licensing information and press activities of non-permanent reporters

1. Foreign reporter requesting information and press activities in Vietnam must submit 01 dossier by mail, fax or e-mail to the Foreign Ministry, diplomatic missions, consular agencies or other agencies authorized to perform consular functions of Vietnam in foreign countries (hereinafter referred to as the Vietnamese representative agencies abroad) at least 10 working days before the date scheduled to come to Vietnam.

Dossier to request  information and press activities in Vietnam includes:

a) Written request for information and press activities under the form issued by the Ministry of Foreign Affairs.

b) A copy of foreign reporter’s Passport.

2. Within 10 working days from receipt of the written request, the Ministry of Foreign Affairs or the Vietnamese representative agencies abroad shall consider for approval or disapproval in writing to foreign reporters. In case of approval, the Ministry of Foreign Affairs shall issue press activity Permit to foreign reporters.

3. After coming into Vietnam, foreign reporters shall go to reporter guidance agency (Foreign Press Guidance Center under the Ministry of Foreign Affairs) or an agency approved by the Ministry of Foreign Affairs to receive press activity Permit and be guided press activities.

Article 5. Information and press activities of non-permanent reporters

1. When performing information and press activities in Vietnam, non-resident reporters must carry press activity Permit issued by the Ministry of Foreign Affairs and passports; must operate in accordance with the purposes and programs that are specified in the Permit and under the guidance of the reporter guidance agency.

2. The activity program of non-resident reporters can be adjusted and supplemented after getting the permission of the Ministry of Foreign Affairs.

Article 6.  Foreign reporter accompanying foreign delegation

1. For foreign reporters accompanying foreign delegations to visit Vietnam at the invitation of the leaders of the Party and the State or the Ministry of Foreign Affairs to report on the visit, the Vietnamese agency in charge shall make necessary entry and exit procedures and notify the Ministry of Foreign Affairs for coordination. Foreign reporters are allowed to report activities under the official program of the foreign delegations.

In case the foreign reporters request information and press activities outside the formal program of the foreign delegations, the reporters must send a written request to the Ministry of Foreign Affairs and must comply with the regulations as for non-resident reporter specified in Article 4 and Article 5 of this Decree.

2. For foreign reporters accompanying foreign delegations at the invitation of Vietnamese agencies to report on the visit, the Vietnamese agency in charge need to make procedures with the Ministry of Foreign Affairs as for non-permanent reporters and performing tasks under the guidance of the Foreign Press Guidance Center (Ministry of foreign Affairs) or an agency approved by the Ministry of Foreign Affairs.

SECTION 2. PERMANENT OFFICE AND REPORTER

Article 7. Procedures for establishing permanent offices

1. Foreign press agencies wishing to set up permanent offices in Vietnam shall send 01 dossier to request the establishment of permanent office directly or by post to the Ministry of Foreign Affairs or the Vietnamese representative agency abroad.

Dossier to request the establishment of permanent office includes:

a) Written request of the head of the foreign press agency or of the person authorized by the head of the foreign press agency under the form issued by the Ministry of Foreign Affairs.

b) A copy of the Certificate of legal status of the foreign press agency that has been legalized, except for the cases of exemption from legalization under provisions of international agreements in which Vietnam and the country concerned are member or in the principle of reciprocity.

c) Basic information on foreign press

2. Within 60 days after receiving complete and valid dossiers, the Ministry of Foreign Affairs shall issue Permit of permanent office establishment in Vietnam for foreign press agency if approved.

Article 8. Procedures for appointment of permanent reporters

1. Foreign press agencies having request for appointment of permanent reporter shall send 01 dossier directly or by post to the Ministry of Foreign Affairs or the Vietnamese representative agency abroad.

Dossier to request appointment of permanent reporter includes:

a) A written request for appointment of permanent reporter of the head of the foreign press agency or of the person authorized by the head of the foreign press agency under the form issued by the Ministry of Foreign Affairs.

b) Personal information of the person appointed as permanent reporter.

c) A copy of passport of the person appointed as permanent reporter.

d) If the person appointed as permanent reporter is spouse of member of foreign representative agency and enjoys the privileges and diplomatic immunities, the consular and foreign representative agency must have a written commitment to give up the privileges and immunities from the time he/she is accepted as permanent reporter.

2. Within 15 working days after receiving complete and valid dossiers, the Ministry of Foreign Affairs or the Vietnamese representative offices abroad must have written notice of the approval or disapproval of foreign reporter appointed as permanent reporter by foreign press.

3. In case of visa required, foreign reporter shall come to the Vietnamese representative agencies abroad to complete the procedures for entry visa after being approved by the Ministry of Foreign Affairs as permanent reporter in Viet Nam.

Article 9. Operation of permament office

1. Within 30 working days from the date of receipt of the written approval from the Ministry of Foreign Affairs, the permanent reporter of the permanent Office must come to the Ministry of Foreign Affairs to hand over the appointment letter of the foreign press agency and receive Permit of permanent office establishment in Vietnam issued by the Ministry of Foreign Affairs.

2. Head of permanent Office is the legal representative of the Office.

3. Permanent office are allowed to be located in Hanoi or in another centrally-affiliated city or province after getting consent in writing of the Ministry of Foreign Affairs and the People's Committees of centrally-affiliated province and city where  the permanent Office is expected to be located.

Permanent Office is allowed to appoint permanent reporter at different locality from the place where Headquarters of permanent office after getting the consent of the Ministry of Foreign Affairs and the people's committees of centrally-affiliated cities and provinces where the permanent office proposes the appointment of permanent reporter. The permanent Office is responsible for the activities of the permanent reporter at the localities.

When having need to appoint permanent reporter at another locality of Vietnam, the foreign press agency shall send a dossier directly or by post to the Ministry of Foreign Affairs. The component of dossier is similar to dossier to request appointment of permanent reporter to work at permanent office as specified in Clause 1, Article 8 of this Decree.

After receiving dossier to request appointment of permanent reporter, the Ministry of Foreign Affairs shall propose the opinion from the People’s Committees of centrally-affiliated cities and provinces where the permanent office shall appoint permanent reporter. Within 15 working days from the time of receiving written request, the Ministry of Foreign Affairs shall respond in writing to foreign press agency.

4. The permanent office shall inform the Ministry of Foreign Affairs of the location of headquarters of permanent office 30 days prior to official operation at that headquarter. When changing location of headquarters of permanent office, it shall inform the Ministry of Foreign Affairs 30 working days in advance.

5. In case the permanent office requires a seal and applies for issuance of certificate of temporary residence and traveling and other requirements to serve the information and press activities in Vietnam, it shall send a written request to the Ministry of Foreign Affairs for introduction to the Vietnamese competent authorities of Vietnam to carry out necessary procedures under the current law of Vietnam.

6. Permit of permanent office establishment shall automatically become invalid in case the permanent office has no active permanent reporter in Vietnam in the period of 180 consecutive days.

7. Permanent office shall inform the Ministry of Foreign Affairs of the closure of permanent office at least 30 working days before the closing date and return the Permit of permanent office establishment to the Ministry of Foreign Affairs at least 03working days before the closing date of permanent office.

8. When there is requirement on replacement and supplementation of permanent reporter, the permanent office must complete necessary procedures specified in Article 8 of this Decree.

9. When having a need to appoint reporter to assist the permanent office, its Head must have a written request to the Ministry of Foreign Affairs as provided in Article 4 and Article 5 of this Decree for non-permanent reporters. The supporting reporter shall not enjoy the regulations on permanent reporter.

10. Father, mother, wife / husband, children and other relatives of the permanent reporter shall not enjoy the regulations on permanent reporter and must comply with Vietnam’s current legal provisions.

Article 10. Visa for permanent reporter

The issuance, refuse to issue or cancel visa for permanent reporter shall comply with the provisions of Vietnamese law on entry and exit and residence of foreigners in Vietnam. The permanent reporter shall be issued new visa in case the Ministry of Foreign Affairs allows the enjoyment of regulations on permanent reporter in Vietnam.

Article 11. Part-time permanent reporter

1. Permanent reporters are allowed to be as part time permanent reporter for permanent office of antoher foreign press agency in Vietnam. The foreign press shall be allowed to appoint its permanent reporter in another country to be as part time permanent reporter in Vietnam

2. The provisions for part-time permanent reporter shall be applied as prescribed for permanent reporter. In case the permanent reporter is proposed to be as part-time permanent reporter for permanent office of another foreign press agency, there must be approval letter from the press agency press of the permanent reporter.

Article 12. Foreign reporter card

1. Permanent reporter shall be issued the foreign reporter card by the Ministry of Foreign Affairs with its value not exceeding 12 months to be in line with the duration of entry and exit of reporter. The permanent reporter having request for the issuance of foreign reporter card shall send 01 dossier directly or by post to the Ministry of Foreign Affairs.

Dossier to request the issuance of foreign reporter card includes:

a) A written request for issuance of foreign reporter card of permanent reporter is under the form issued by the Ministry of Foreign Affairs.

b) A copy of permanent reporter’s Passport.

c) Two 03 cm x 04 cm photos of the permanent reporter.

2. The permanent reporter requesting the re-issuance of damaged or lost foreign reporter card shall submit 01 dossier diectly or by post to the Ministry of Foreign Affairs.

Dossier to request the re-issuance of foreign reporter card includes:

a) A written request for re-issuace of foreign reporter card of permanent reporter is under the form issued by the Ministry of Foreign Affairs.

b) A copy of permanent reporter’s Passport.

c) Two 03 cm x 04 cm photos of the permanent reporter.

d) Foreign reporter card (in case of damaged card)

e) Petition for presentation of loss of foreign reporter card with certification of the public security (in case of lost card)

3. Within 15 working days before the foreign reporter card expires, the permanent reporter must carry out procedures for extension of card if permitted by the Ministry of Foreign Affairs to continue as being permanent reporter. The permanent reporter requesting extension of foreign reporter card shall send 01 dossier for card extension directly or by post to the Ministry of Foreign Affairs.

Dossier to request extension of foreign reporter Card includes:

a) A written notice to continue appointing permanent reporter in Vietnam of the competent person of the foreign press agency under the form issued by the Ministry of Foreign Affairs

b) A foreign reporter card of permanent reporter.

c) A copy of permanent reporter’s Passport.

4. Within 03 working days after receiving the dossier, the Ministry of Foreign Affairs shall complete the issuance, re-issuance or extension of foreign reporter card.

In case of issuance, re-issuance or extension of foreign reporter card, the Ministry of Foreign Affairs shall notify in writing to foreign reporter.

5. When performing information and press activities in Vietnam, the permanent reporter must bring his/her foreign reporter card, passport and present them to the Vietnamese competence agencies upon request.

6. When the permanent reporter terminates his/her activities in Vietnam, the permanent office shall notify the Ministry of Foreign Affairs in writing at least 15 working days before reporter’s termination of activities and return the card to foreign reporter card to the Ministry of Foreign Affairs before the reporter leaves Vietnam.

Article 13. Information and press activities of permanent reporter

1. For requests to interview Vietnamese high-ranking leaders of, the permanent office submit 01 dossier directly or by post or fax to the Ministry of Foreign Affairs.

2. For requirements on contact and interview leaders of Vietnamese ministries and sectors, the permanent office shall submit 01 dossier directly or by post or fax to the ministries and sectors concerned, at the same time inform the Ministry of Foreign Affairs. Within 05 working days after receiving the dossier, the ministries and sectors shall reply to the permanent Office in writing.

3. For information and press activities at Vietnamese localities, the permanent office shall send 01 dossier directly or by post or fax to the People's Committees of centrally-affiliated provinces and cities simultaneously notify the Ministry of Foreign Affairs. Within 05 working days after receiving the dossier, the People's Committee of centrally-affiliated provinces and cities shall reply to the permanent office in writing. The permanent reporter only performs information and press activities at locality upon approval in writing of the People's Committee of centrally-affiliated provinces and cities.

4. Dossier to request information and press activities:

a) A written request for information and press activities under the form issued by the Ministry of Foreign Affairs.

b) A copy of permanent reporter’s foreign reporter card

Article 14. Press assistant of permanent office

1. Permanent offices may hire press assistant to support the activities of the permanent office and reporter. The permanent office requesting to hire a press assistant shall submit 01 dossier directly or by post to the Ministry of Foreign Affairs.Within 15 working days after receiving the dossier, the Ministry of Foreign Affairs shall respond in writing to the permanent office.

Dossier to request licensing as press assistant includes:

a) A written request for licensing as a press assistant of the Head of permanent office under the form issued by the Ministry of Foreign Affairs.

b) Personal information certified by the local authorities for the person proposed to be licensed as a press assistant.

c) Two 03 cm x 04 cm photos of the person proposed to be licensed as a press assistant.

2. Press assistant shall be allowed to perform the work to support information and press activities of permanent reporter and permanent office in Vietnam such as photography, film recording, interpretation and administrative work supporting activities of the permanent office. The press assistant shall not enjoy regulations on permanent reporter and conduct information and press activities in lieu of permanent reporter.

3.The Ministry of Foreign Affairs shall provide press assistant for permanent offices. The recruitment, use, and management of press assistant must comply with the current provisions of Vietnamese law.

Article 15. Collaborator of permanent office

1. When wishing to hire collaborators, the permanent office shall submit 01 requesting dossier directly or by post to the Ministry of Foreign Affairs. Within 15 working days after receiving the dossier, the Ministry of Foreign Affairs shall respond in writing to the permanent office.

Dossier to request licensing to collaborator includes:

a) A written request for licensing as collaborator for the permanent office of the Head of permanent under the form issued by the Ministry of Foreign Affairs.

b) Personal information of the person appointed as collaborator..

c) One 03 cm x 04 cm photo of the person appointed as collaborator.

2. Permanent office is only allowed to lease and use collaborators after the written approval of the Ministry of Foreign Affairs. Collaborators of the permanent office are only allowed to perform the support of information and press activities of permanent reporter and permanent offices such as film recording, photography, interpretation in a number of specific activities and in a certain time and not perform work in lieu of permanent reporter.

3. In case the collaborators are spouses of members of foreign diplomatic missions and enjoy the privileges and diplomatic immunities, consular and foreign representative agencies must have formal written commitment to give up privileges and diplomatic immunities.

SECTION 3. IMPORT-EXPORT OF FACILITIES AND EQUIPMENT OF FOREIGN PRESS

Article 16. Import-export of facilities and equipment of foreign press

1. Foreign press shall be entitled to temporary import for re-export with tax-free term for the facilities needed to serve the information and press activities in Vietnam such as cameras, camcorders, recorders and other equipment in accordance with the current provisions of Vietnamese law.

2. Foreign press shall be allowed to import - export, install and use means of transceiver of news and image live via satellite, internationally broadcast via the national telecommunications network under the current provisions of Vietnamese law.