Nghị định 93/2020/NĐ-CP hướng dẫn Luật Thư viện

NGHỊ ĐỊNH

QUY ĐỊNH CHI TIẾT MỘT SỐ ĐIỀU CỦA LUẬT THƯ VIỆN

Căn cứ Luật Tổ chức Chính phủ ngày 19 tháng 6 năm 2015;

Căn cứ Luật Thư viện ngày 21 tháng 11 năm 2019;

Theo đề nghị của Bộ trưởng Bộ Văn hóa, Thể thao và Du lịch;

Chính phủ ban hành Nghị định quy định chi tiết một số điều của Luật Thư viện.

DECREE

DETAILING SEVERAL ARTICLES OF LAW ON LIBRARIES

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Libraries dated November 21, 2019;

Upon the request of the Minister of Culture, Sports and Tourism

The Government hereby promulgates the Decree that elaborates on several Articles of the Law on Libraries.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree set out detailed regulations on public libraries of significance given investment priority by the State as provided in Point a, Clause 1, Article 5; ancient, precious and rare materials, and documentary collections of special historical, cultural and scientific value having access to the State investment as provided in Point c, Clause 1, Article 5; basic reading spaces and rooms prescribed in Clause 1, Article 6; eligibility conditions for setting up libraries stated in Points a, b, c and d, Clause 1, Article 18; processes and procedures for temporary suspension and closure of libraries prescribed in Clause 5, Article 22; library interconnection stipulated in Article 29 of the Law on Libraries.

Article 2. Subjects of application

This Decree shall apply to Vietnamese authorities, organizations and individuals, foreign entities and persons taking part in library activities or involved in library activities within the territory of the Socialist Republic of Vietnam.

Chapter II

SPECIFIC PROVISIONS

Section 1. PUBLIC LIBRARIES OF SIGNIFICANCE GIVEN INVESTMENT PRIORITY BY THE STATE (hereinafter referred to as prioritized important libraries)

Article 3. Criteria for determination of prioritized important libraries

1. Have sufficient facilities and capability for performing the tasks specified in Articles 25, 26, 27, 28 and taking the lead in building, sharing and exploiting information resources shared among libraries specified in Clause 1 of Article 29 herein; connecting and cooperating with libraries in the same group, specialization or sector within the country, sector, industry or region, region, or locality.

2. Have modern facilities, utilities and techniques, meeting the needs of serving library users and the ability to expand library interconnection and affiliation within domains, sectors or areas, regions or localities, including:

a) Having at least 500,000 preservation units, including at least 200,000 volumes and at least 5,000 titles of digital materials; having the shared database that meets national standards, complies with laws on intellectual property and cybersecurity;

b) Information resources that are stored, preserved and managed by means of modern technical infrastructure, equipment and technologies: libraries that have advanced software used in professional library services, operations and management activities; have information portals or websites that provide online cataloging and digital material services; provide online consulting services for users; use computers and other modern equipment to serve library users;

c) User-friendly reading spaces ensuring library accessibility for all types of users; guaranteeing environmental hygiene, provision of security, safety, fire prevention and fighting equipment;

d) Providing at least 50 computers meeting library users' needs;

dd) Having carried out interconnection between libraries within an area, region, locality or sector, industry or on an international scale.

3. Librarians must satisfy the following requirements:

a) Having professional information - library qualification according to the standards of their work positions as prescribed by law;

b) Having at least 70% of librarians who have already held at least higher education degrees in information - library or other majors provided that they manage to obtain certificates of completion of information – library professional training courses issued by competent authorities or organizations;

c) Having capability of applying information technology to library activities or services, mastering library management software according to job and library interconnection requirements; guiding library users how to use modern library facilities to access and exploit information.

4. A library’s average annual performance:

a) It must accept at least 6,000 people to register their membership, borrow information resources, access electronic and digital materials inside or outside its premises and online; must attract at least 1,000,000 visits to its facility and online check-ins on its website;

b) It has at least 2,000,000 of check-ins for access to stationary and mobile information resource services; at least 1,000,000 of check-ins for access to online information resource services;

c) It has at least 80% of library operations and services that have already been powered by scientific and technological applications; successfully runs its information portal or website; succeeds in creating and managing online public access catalogues; provides at least 30% of its services online;

d) It has held at least 04 specialized conferences, seminars and exhibitions; has at least 01 technical innovation that passes the acceptance test and is put into practice, or has at least 06 thematic information and bibliographical products shared with other libraries;

dd) It must open at least 56 hours a week, or must be available 24 hours daily if it provides online library services.

Article 4. Authority to determine prioritized important libraries

1. The Minister of Education and Training and the Minister of Labor, War Invalids and Social Affairs shall be accorded authority to determine libraries under the control of higher education institutions or those subordinate to other educational institutions after obtaining written consent from the Ministry of Culture, Sports and Tourism.

2. Heads of committees, ministries, ministerial-level agencies, Governmental bodies, and central authorities shall be vested with authority to determine the libraries other than those referred to in Clause 1 of this Article after obtaining written consent from the Minister of Culture, Sports and Tourism.

Section 2. ANCIENT, RARE, PRECIOUS MATERIALS, DOCUMENTARY COLLECTIONS OF SPECIAL VALUE

Article 5. Ancient materials

Ancient materials are documents that have a lifespan of 100 years or more.

Article 6. Rare and precious materials

Rare and precious materials must meet one of the following criteria:

1. They must be the principal or original copies of manuscripts or copies autographed by representative national heroes, celebrities or historical figures.

2. They must be documents created at the time and place of the events that mark important milestones in the Vietnamese history; containing information about special events, changes and phenomena of the physical world, social life and thought, having fundamental implications for state governance, economy, national defense, security, foreign affairs, social order, safety, scientific research, history, literature, and meeting at least one of the following criteria:

a) These materials are represented on unique and typical information carriers existing over the historical periods;

b) Only one or a few copies of the same sort of these materials may be kept, and can hardly be modified or replaced in case of loss or damage;

c) They must be unique in terms of the display language, working or crafting technology, or typical for a particular trend, style or time.

Article 7. Documentary collections of special historical, cultural and scientific value

1. Documentary collection of special historical, cultural and scientific value is a combination of documents which are gathered, preserved and systematically arranged according to the general criteria concerning the form and content thereof to meet the needs for learning history, nature and society.

2. Documentary collections of special historical, cultural and scientific value must meet the following criteria:

a) Being unique and having special meaning in terms of ideology, politics, economy - society, science, history and being of great significance to the nation, locality, society and nation; being of special cultural and fundamental significance for the state management, economics, defense, security, foreign affairs, social order, safety, scientific research, history and literature;

b) Being formed in a historical context which is special in terms of time and space; having special characteristics in terms of the documentation method and the material from which an information carrier is made.

Article 8.Collecting, preservation and upholding of the value of ancient, precious and rare materials and documentary collections of special historical, cultural and scientific value of public libraries

1. The collecting activity must conform to the criteria for collected materials and must be carried out according to the following method and procedures:

a) Criteria: The activity must meet the criteria specified in Article 5, Article 6, and Clause 2 of Article 7 in this Decree and must ensure the collected materials are of clear and legal origin, are not involved in any dispute or lawsuit; fit with the functions, tasks, objects and scope of activities of a library;

b) Collecting methods, including: These materials may be collected in the community; purchased from organizations and individuals; received from institutional or individual patrons, donators or transferors; exchanged between libraries, between libraries and authorities, organizations and individuals; acquired by employing any other collecting method;

c) Collecting procedures:

- Conduct surveys to collect information about the target materials; identify materials that satisfy the criteria specified at Point a of this Clause to develop a collecting plan and submit it to the relevant competent person to seek his/her approval;

- Prepare a file on materials to be collected, comprising the followings: List of these materials; report on evaluation of these materials and other relevant records (if any);

- Carry out collecting activities according to the approved plan;

- Take the register; file all materials created during the collecting process.

2. Each collected material shall be preserved according to the suitable preventive preservation, restoration preservation, and conversion method.

3. The upholding of the value of a material shall include the following activities:

a) Digitize or make copies of the material to serve user’s needs according to the library's regulations;

b) Develop a Vietnamese-language version of the material according to the principle of translation if that material exists in Chinese, Nom, Sino-Vietnamese and other languages.

4. With respect to the collecting, preservation and upholding of the value of ancient, precious and rare materials, or documentary collections of special historical, cultural and scientific value, which are cultural relics, in addition to compliance with regulations laid down in Clauses 1, 2 and 3 of this Article, these activities must adhere to relevant provisions of laws on cultural heritage and laws on archival.

Section 3. BASIC READING SPACES OR ROOMS

Article 9. Criteria for determination of basic reading spaces or rooms

1. Basic reading space or room is a place for reading books established by a residential community, organization and individual of Vietnam to provide people with information, knowledge and reading cultural services in a living area, including mountain, remote or ethnic village, hamlet or quarter, which fails to meet the criteria for establishment of a library prescribed in Article 19 and 20 of this Decree.

2. Basic reading spaces or rooms meeting the following criteria should be established:

a) Having at least 300 volumes;

b) Serving target users according to operational objectives of basic reading spaces or rooms;

c) Providing adequate space and infrastructure to ensure the preservation of information resources and meet user’s needs; not to cause any adverse impact on traffic order and safety, guaranteeing conformance to environmental sanitation and landscape requirements; ensuring the furnishment of security, safety, fire fighting and prevention equipment;

d) Appointing persons in charge of basic reading spaces and rooms;

dd) Adopting rules and regulations relevant to target users.

Article 10. Operation of basic reading spaces and rooms

1. Basic reading spaces or rooms shall be operated according to the principle of self-management and self-responsibility.

2. Basic reading spaces or rooms must be provided with professional support and guidance, and facilitation to receive information resources and utilities circulated from public libraries within the same area.

3. The State encourages basic reading spaces or rooms meeting criteria for establishment of community or private libraries serving community to make library establishment announcements as per Article 23 of the Law on Libraries.

Section 4. LIBRARY ESTABLISHMENT REQUIREMENTS

Article 11. Requirements for establishment of provincial public libraries

1. Setting the goals of organizing and operating a library which are appropriate and fit into the functions and tasks specified in Clause 1 and 2 of Article 11 in the Law on Libraries; accepting target users, including organizations or individuals wishing to use libraries within a province or centrally-run city.

2. Having at least 200,000 volumes with at least 50,000 titles of books, including digital materials, audiovisual materials and materials accessible to the disabled; having at least 50 titles of newspapers, magazines, including electronic newspapers that are processed according to the rules of operation of libraries.

3. Having library facilities and amenities conforming to the following requirements:

a) They are located independently at the centres of residential communities or at the places where traffic activities are facilitated;

b) Each library must be spacious enough to meet the dimensional requirements of information resource preservation activities, service areas, warehouses, multimedia reading rooms, professional and operational rooms and toilets;

c) Ensuring both easy mobility and accessibility for persons with disabilities to information resources and amenities of a library;

d) Saving at least 100 m² of reading spaces for common library users; at least 50 m² of areas intended for children and people with disabilities;

dd) Ensuring that information technology infrastructure, network connection equipment, security equipment, peripheral and auxiliary equipment, local area network, and wide area network can meet the professional and operational needs of librarians and serve library’s users; implementing library interconnection, providing online and related services;

e) Ensuring the installation of specialized equipment and means designed for information resources preservation, security, fire safety and prevention purposes;

g) Organizing the provision of mobile library services, rotating information resources to serve local people with respect to libraries located in border areas, islands, ethnic minority areas, regions faced with difficult or extremely difficult socio-economic conditions.

4. Librarians must satisfy the following requirements:

a) Having professional information - library qualification according to the standards of their work positions as prescribed by law;

b) Having at least 70% of librarians who have already held at least associate degrees in information - library or other majors provided that they manage to obtain certificates of completion of information – library professional training courses issued by competent authorities or organizations;

c) Having the capability of applying information technology to library operations or services, carrying out the library interconnection; guiding library users how to use modern library facilities to access and exploit information.

Article 12. Requirements for establishment of district-level public libraries

1. Setting the goals of organizing and operating a library which are appropriate and fit into the functions and tasks specified in Clause 3 of Article 11 in the Law on Libraries; accepting target users, including organizations or individuals wishing to use libraries within an urban/rural district, provincially-run city or city controlled by a centrally-affiliated city.

2. Having at least 10,000 volumes with at least 1,000 titles of books; having at least 10 titles of newspapers, magazines (including electronic newspapers) that are processed according to the rules of operation of libraries.

3. Having library facilities and amenities conforming to the following requirements:

a) They are located at the centres of residential communities or at the places where traffic activities are facilitated;

b) Each library must be spacious enough to meet the dimensional requirements of information resource preservation activities, service areas, warehouses, functional or operational rooms, and toilets;

c) Saving at least 60 m² for reading spaces intended for library’s users;

d) Ensuring both easy mobility and accessibility for persons with disabilities to information resources and amenities of a library;

dd) Having facilities and equipment designed for operational and functional activities performed by librarians and meeting library users’ needs;

e) Ensuring the installation of specialized equipment and means designed for information resources preservation, security, fire safety and prevention purposes.

4. Librarians must hold at least associate degrees in information - library or other majors provided that they manage to obtain certificates of completion of information – library professional training courses issued by competent authorities or organizations.

Article 13. Requirements for establishment of commune-level public libraries

1. Setting the goals of organizing and operating a library which are appropriate and fit into the functions and tasks specified in Clause 3 of Article 11 in the Law on Libraries; accepting target users, including organizations or individuals, wishing to use libraries within a commune, ward or town.

2. Having at least 2,000 volumes and at least 02 titles of newspapers, magazines (electronic newspapers are optional, but encouraged) that are processed according to the rules of operation of libraries.

3. Having library facilities and amenities conforming to the following requirements:

a) They are located nearby residential communities or at the places where traffic activities are facilitated;

b) Library’s dimension must meet the requirements of preservation of information resources, service areas and toilets;

c) Saving at least 40 m2 for reading spaces intended for library’s users;

d) Having facilities and equipment designed for operational and functional activities performed by librarians and meeting library users’ needs; guaranteeing the provision of equipment and facilities designed for information resources preservation, security, safety, fire safety and prevention purposes.

4. Librarians graduated high school or obtaining higher educational degrees must have already participated in training courses or received professional instructions related to library operations.

Article 14. Requirements for establishment of specialized libraries

1. Setting the goals of organizing and operating a library which are appropriate and fit into the functions and tasks specified in Article 12 in the Law on Libraries; accepting target users, including public officials, servants and employees of authorities or organizations establishing these libraries, and other persons, wishing to use libraries according to library's rules and regulations.

2. Having at least 2,000 volumes, including at least 500 titles of digital materials; having newspapers and magazines, including electronic newspapers associated with the functions and tasks of agencies and organizations, which are processed according to the library's operational rules, ensuring they can meet work, study and research needs of library users.

3. Having library facilities and amenities conforming to the following requirements:

a) Each library must be spacious enough to meet the dimensional requirements of information resource preservation activities, service areas, warehouses, functional or operational rooms, and toilets;

b) Ensuring that the reading space for library users must be at least 100 m² for central agencies and organizations and 40 m² for grassroots—level agencies and organizations;

c) Ensuring that information technology infrastructure, network connection equipment, security equipment, peripheral and auxiliary equipment, local area network, and wide area network can meet the professional and operational needs of librarians and serve library’s users; implementing library interconnection, providing online and related services;

d) Ensuring the installation of specialized equipment and means designed for information resources preservation, security, fire safety and prevention purposes.

4. Librarians must satisfy the following requirements:

a) Having professional information - library qualification according to the standards of their work positions as prescribed by law;

b) Having at least 70% of librarians who have already held at least associate degrees in information - library or other majors provided that they manage to obtain certificates of completion of information – library professional training courses issued by competent authorities or organizations;

c) Having the capability of applying information technology to library operations or services, carrying out the library interconnection; of guiding library users how to access and make best use of information and library’s services.

Article 15. Composition and tasks of libraries of the people's armed forces

Libraries of the people’s armed forces must be established in accordance with regulations of the Law on Libraries and the Government’s particular regulations.

Article 16. Requirements for establishment of university libraries

1. Setting the goals of organizing and operating a library which are appropriate and fit into the functions and tasks specified in Article 14 in the Law on Libraries; accepting target users, including teachers, learners and employees of education institutions and other persons, wishing to use libraries according to library's rules and regulations.

2. Having information resources, including textbooks, teaching materials, reference materials, newspapers, magazines relevant to each training major of an educational institution, which are processed according to the library's operational rules, meeting the requirements concerning the capacity to serve at least 60% of learners and teachers.

3. Having library facilities and amenities conforming to the following requirements:

a) Being located at the center of an educational institution, providing facilitation for users, especially people with disabilities;

b) Having enough space for storing information resources, service areas, working zones for librarians and meeting other needs concerning processing of other library-related services;

c) Ensuring that the reading spaces, including general-purpose and other reading rooms for library users cover an area of at least 200 m²;

d) Ensuring that information technology infrastructure, network connection equipment, security equipment, peripheral and auxiliary equipment, local area network, and wide area network can meet the professional and operational needs of librarians and serve library’s users; implementing library interconnection, providing online and related services;

d) Ensuring the installation of specialized equipment and means designed for information resources preservation, security, fire safety and prevention purposes.

4. Librarians must satisfy the following requirements:

a) Having professional information - library qualification according to the standards of their work positions as prescribed by law;

b) Having at least 70% of librarians who have already held at least associate degrees in information - library or other majors provided that they manage to obtain certificates of completion of information – library professional training courses issued by competent authorities or organizations;

c) Having the capability of applying information technology to library operations or services, having the competence in supporting learners and teachers to search, exploit and use information resources inside and outside of a library.

5. Libraries of national universities, in addition to meeting the conditions specified in Clauses 1, 2, 3 and 4 of this Article, must satisfy the conditions specified in Clauses 1, 2 and 3 of Article 3 of this Decree.

Article 17. Requirements for establishment of libraries of preschools and universal schools

1. Setting the goals of organizing and operating a library which are appropriate and fit into the functions and tasks specified in clauses 1, 2 and 3 of Article 15 in the Law on Libraries; accepting target users, including teachers, learners and employees of education institutions and other persons, wishing to use libraries according to library's rules and regulations.

2. Having the following available information resources:

a) Textbooks, teachers’ specialized books and reference books, meeting the needs of learners and teachers at educational institutions:

- As for preschools: Ensuring at least 02 volumes/student and 03 volumes/teacher

- As for primary schools: Ensuring at least 03 volumes/student and 01 volumes/teacher, depending on grade levels;

- As for lower secondary schools: Ensuring at least 04 volumes/student and 01 volumes/teacher, depending on subject groups;

- As for upper secondary schools: Ensuring at least 05 volumes/student and 01 volumes/teacher, depending on subject groups;

b) Newspapers, magazines, educational maps and visual aids, audio and visual materials, e-books, and other types of documents, which are suitable for students' age, learning needs and teacher’s reference requirements; ensuring that, as a minimum requirement, materials providing information closely connected to the school's teaching and learning programs according to the list of materials approved by the Ministry of Education and Training must be processed according to the library's operational rules and regulations.

3. Having library facilities and amenities conforming to the following requirements:

a) Being located at the center of an educational institution, providing facilitation for users, especially people with disabilities;

b) Having enough space for storing information resources, implementing library operations, reading service areas, working zones for librarians and meeting other needs concerning processing of other library-related services;

c) The reading space for library users must be at least 50 m²; connected with audio-visual rooms, computer labs, classroom bookcases. Open libraries and friendly reading spaces are encouraged;

d) Having facilities and equipment designed for operational and functional activities performed by librarians and meeting library users’ needs;

dd) Ensuring the installation of specialized equipment and means designed for information resources preservation, security, fire safety and prevention purposes.

4. Librarians must hold at least associate degrees in information - library or other majors provided that they manage to obtain certificates of completion of information – library professional training courses issued by competent authorities or organizations.

Article 18. Requirements for establishment of libraries of vocational education institutions and other educational institutions

1. Setting the goals of organizing and operating a library which are appropriate and fit into the functions and tasks specified in clause 4 of Article 15 in the Law on Libraries; accepting target users, including teachers, learners and employees of education institutions and other persons, wishing to use libraries according to library's rules and regulations.

2. Ensuring the service capacity of at least 02 volumes/student and 01 volume/teacher; ensuring that publications, newspapers and magazines relevant to each training major of an educational institution are processed according to the library's operational rules and regulations.

3. Having library facilities and amenities conforming to the following requirements:

a) Being located at the center of an educational institution or any places providing facilitation for users;

b) Having enough space for storing reference materials, textbooks, teaching materials, reading service areas, working zones for librarians and meeting other needs concerning processing of other library-related services;

c) Ensuring that the reading space for library users is at least 100 m² for colleges; at least 50 m² for vocational education centers, vocational education - continuing education centers;

d) Having facilities and equipment designed for operational and functional activities performed by librarians and meeting library users’ needs; enabling persons with disabilities to have access to information resources;

dd) Ensuring the installation of specialized equipment and means designed for information resources preservation, security, fire safety and prevention purposes.

4. Librarians must satisfy the following requirements:

a) Librarians must hold at least associate degrees in information - library or other majors provided that they manage to obtain certificates of completion of information – library professional training courses issued by competent authorities or organizations;

b) Having the skills at applying information technology to library operations or services, having the competence in supporting learners and teachers to search, exploit and use information resources inside and outside of a library.

Article 19. Requirements for establishment of private libraries providing public services

1. Setting the goals of organizing and operating a library which are appropriate and fit into the functions and tasks specified in clauses 2 and 3 of Article 16 in the Law on Libraries, and not in breach of legislative regulations; accepting target users, including the public and other persons, according to a library's operational objectives.

2. Shelving at least 2,000 volumes (including digital materials).

3. Having library facilities and amenities conforming to the following requirements:

a) A library’s size and infrastructure must guarantee the preservation of information resources and library amenities with at least 25 m² of reading spaces intended for library users;

b) Ensuring environmental sanitation, and providing landscapes, security, safety, and fire fighting and prevention equipment; avoiding any impacts on the traffic order and safety within the area where a library is located.

4. Librarians must graduate high school or more; at least one of the library’s staff must attain library service provision qualification or must have already participated in training courses or provided with professional instructions related to library operations.

Article 20. Requirements for establishment of community libraries

1. Setting the goals of organizing and operating a library which are appropriate and fit into the functions and tasks specified in clauses 1 and 3 of Article 16 in the Law on Libraries, and not in breach of legislative regulations; accepting target users, including the public and other persons, according to a library's operational objectives.

2. Shelving at least 1,500 volumes (including digital materials).

3. Having library facilities and amenities conforming to the following requirements:

a) A library’s size and infrastructure must guarantee the preservation of information resources and library amenities with at least 25 m² of reading spaces intended for library users;

b) Ensuring environmental sanitation, and providing landscapes, security, safety, and fire fighting and prevention equipment; avoiding any impacts on the traffic order and safety within the area where a library is located.

4. Librarians must hold at least associate degrees in information - library or other majors provided that they manage to obtain certificates of completion of information – library professional training courses issued by competent authorities or organizations.

Article 21. Requirements for establishment of libraries of foreign organizations or individuals providing services for Vietnamese people

1. Setting the goals of organizing and operating a library which are appropriate and fit into the functions and tasks specified in Article 16 in the Law on Libraries, and not in breach of legislative regulations; accepting target Vietnamese users according to a library's operational objectives.

2. Shelving at least 2,000 volumes (including digital materials).

3. Having library facilities and amenities conforming to the following requirements:

a) A library’s size and infrastructure must guarantee the preservation of information resources and library amenities with at least 25 m² of reading spaces intended for library users;

b) Ensuring environmental sanitation, and providing landscapes, security, safety, and fire fighting and prevention equipment; avoiding any impacts on the traffic order and safety within the area where a library is located.

4. Librarians must have full capacity in the civil law or civil act capacity and must graduate high school or more as well as must participate in training courses or receive professional instructions related to library operations. Librarians with foreign nationality must provide clear criminal records and residence addresses in Vietnam.

Section 5. PROCESSES AND PROCEDURES FOR SUSPENSION AND CLOSURE OF LIBRARIES

Article 22. Processes and procedures for suspension of libraries

1. When detecting any signs of law violation, agencies, organizations and individuals shall collect evidences and send written petitions to competent persons to suspend operations of the defaulting library according to the provisions of Point b of Clause 3 of Article 22 in the Library Law to seek their decision on administrative penalty.

2. When detecting any signs of violations specified in Clause 1 of Article 22 of the Library Law or at the request of agencies, organizations or individuals specified in Clause 1 of this Article, competent persons must suspend library operations and assessing the extent of violation and issue their decisions on administrative penalty in the form of suspension of library operations for a definite period in accordance with law. In case of refusal to force suspension, they must send written responses clearly stating reasons.

3. Procedures for fixed-term suspension of libraries shall comply with regulations of law on administrative penalties.

Article 23. Processes and procedures for closure of libraries

1. Processes and procedures for closure of a library:

a) Issue notices regulated in clause 3 of Article 23 in the Law on Libraries;

b) Transfer library information resources and utilities according to the plan specified in Clause 7 of Article 45 in the Library Law.

2. Processes and procedures for the forced closure of a library:

a) At least 15 working days before the suspension expiration date, the suspended library shall be responsible for reporting the remedy of the suspension cause (with supporting documents) to the person who has made the suspension decision.

Within 15 working days of receipt of complete and valid documentation, if the library fails to take remedial action or cannot remedy the cause of suspension, the suspension decision maker shall make a decision to terminate the operation of the library and notify the founding agencies or organizations (if any);

b) Upon expiration of the suspension duration, if the library fails to report on remedy to the suspension cause, the suspension decision maker shall make a decision to terminate the operation of that library;

c) If the affected library has received information resources and library utilities transferred from public libraries, within 15 working days from the date of receipt of the decision on forced closure, they must completely return all library resources and utilities to the transferor library.

Section 6. LIBRARY INTERCONNECTION

Article 24. Library interconnection principles

1. Ensuring the efficient use of investment resources of the State, organizations and individuals for library activities.

2. Meeting user’s needs for information resources, information products and library services.

3. Ensuring that the interconnection must be made on a basis of voluntariness and cooperation associated with agreement, task allocation or coordination amongst libraries.

4. Sharing and linking databases and information resources of which the development is funded by the state budget in accordance with regulations.

5. Complying with laws on intellectual property, science and technology, information technology, cybersecurity and other relevant laws.

6. Guaranteeing the management and use of information resources for the right purposes, effectively and in accordance with the regulations on interconnection.

Article 25. Cooperation in the collection, enrichment and use of information resources

1. Setting up library groups to regulate and cooperate in the enrichment, update and sharing of information resources. Libraries may opt to join groups on a voluntary basis, share and contribute library resources for use among group members; may designate a library as a liaison between group members.

In order to join a group, a library must meet the following requirements:

a) Targeting similar types of customers;

b) Having acceptable and compatible information technology infrastructure;

c) Assigning staff members to respond, operate, exploit and share information resources between member libraries;

d) Having funds for the continued operation of a group;

dd) In case of cooperation according to the production and business mode, in addition to complying with the provisions at Points a, b, c and d of this Clause, complying with relevant laws.

2. Cooperation in the collection, enrichment and use of information resources, including: Collaborating in developing published information resources; carrying out connection and sharing activities for the purpose of enrichment of information resources and right of access to databases and digital information resources.

3. Shared information resources must meet the following requirements:

a) They must ensure legitimacy;

b) They must be described, stored, managed, and exploited in a uniform structure, meeting the corresponding standards of the world's library industry;

c) Ensuring that the information exploitation process and sharing policy conform to the group's regulations;

d) They must be managed by software so that they can be accessed by computers, phones and other electronic devices in accordance with the law.

Article 26. Sharing of results obtained from the functional and professional processing, cataloging and library information products

1. State-funded libraries shall be responsible for sharing information resource processing results, including data on information resources and basic descriptions of the library's information resources which are organized in the particular structure in the library sector (hereinafter referred to as record forms), with other libraries in the group according to the provisions of law.

2. Depending on the specific conditions, libraries in the group may share a database of record forms; create a catalog reflecting information resources available at 02 or more libraries (hereinafter referred to as a combined catalog) according to the following modes:

a) Searching and viewing data about informational resources only;

b) Allowing direct reading;

c) Downloadability for personal reading (with respect to digital materials) or needing clear determination of the manner and degree of information exploitation (with respect to other information resources);

d) Requiring the payment of service charges under the regulations of each library, cooperation rules of each group and regulations of laws.

3. Responsibilities of the presiding or liaison library:

a) Maintaining and developing the commonly used database;

b) Providing data management support for libraries in the group; granting the right to use and exploit the system;

c) Controlling the quality of record forms; directing the consistency and standardization of record forms of libraries in the group;

d) Guiding and supporting member libraries in the group in terms of professional matters.

Article 27. Cooperation in provision of inter-library services

1. Cooperation in providing inter-library services shall include the following basics:

a) Inter-library borrowing of printed, digital or multimedia information resources between libraries to serve users;

b) Connection and cooperation in issuing library cards to users within the same area, in the same specialization, sector or system;

c) Coordination and exchange of information resources, using library facilities and equipment to provide library services for users;

d) Application of other methods of implementing inter-library services suitable to the characteristics of each type of library and relevant laws.

2. The inter-library borrowing shall be subject to the following regulations:

a) Implementing the lending of information resources between libraries according to the regulations of participating libraries and group’s regulations;

b) The borrowing time limit and the amount of information resources to be borrowed must be subject to the regulations of the lender library;

c) Library users may register or submit inter-library requests at the places where their library cards are issued; receive information resources through the libraries where the cards are registered or in person at the lending libraries, by post or online according to the regulations of the lender libraries.

Article 28. Creation of the combined catalog

1. The creation, administration and development of the combined catalog shall be subject to the following principles:

a) Defining the roles, rights and obligations of member libraries involved in building a combined catalog; appointing a presiding or liaison library;

b) Agreeing on regulations on the standardization of processes and operations in creating record forms of member libraries;

c) Regularly updating record forms reflecting the current condition of information resources of each library;

d) Associating the building of a combined catalog with cooperation in the collection, enrichment and use of information resources and inter-library borrowing.

2. The contribution of record forms to integrate data into a combined catalog must adhere to the following mechanism:

a) Libraries participating in developing a combined catalog send record forms to the library appointed as the presiding library;

b) Information and data included in the record forms of the library participating in creating a combined catalog must ensure conformance to common standards and, when being exported, fully including the basic description of information resources of each library, including: Name (title), author’s name, publication information, keywords, subjects, individualized registration numbers, shelving codes, and other information where required, which have been confirmed in the group;

c) Synchronizing record forms with combined catalog system with respect to the domestic interconnection, or the global combined catalog system with respect to the international interconnection.

3. The National Library of Vietnam, provincial public libraries and prioritized important public libraries shall be responsible for cooperating in updating and standardizing the national combined catalog development database.

Article 29. Library interconnection mechanism

1. Prioritized important libraries shall lead the construction, sharing and exploitation of information resources shared amongst libraries as follows:

a) Creating and sharing data, processing results and digital information resources in accordance with law;

b) Compiling and building databases, and providing shared library products and services;

c) Building and developing a combined catalog system; managing group libraries, controlling the database quality; solving technical problems related to library operations; ensuring the system safety, security and backup;

d) Acting as the liaison for exchanging information resources, providing access to digital materials; serving individual needs.

2. Libraries shall participate in the cooperation in supplementing, purchasing the access right, and sharing foreign information resources are as follows:

a) Create, build and standardize data to connect, share and contribute library resources for shared use within a group according to connection rules and regulations;

b) Get involved in developing policies on the levels of sharing and right of access of library users; policies for collection of service fees and charges according to current regulations;

c) Make use of information resources processing results, information products and services of other libraries to serve library users;

d) Ensure that state-funded information resources must be interconnected, shared and used efficiently.

Article 30. Library interconnection method

1. Interconnection between libraries which varies depending on geographical zones on the international scale, within regions, countries, national parts or divisions, or the same area.

2. Interconnection between groups of libraries with synchronous functions, tasks and service receivers.

3. Interconnection between libraries with the same sectors and types of information resources regarding social science and humanity, natural science and technology and other disciplines.

4. Interconnection between types of libraries prescribed in clause 1 of Article 9 in the Law on Libraries;

Chapter III

IMPLEMENTATION PROVISIONS

Article 31. Transitional provisions

1. Organizations and individuals that have submitted applications for registration for operation of private libraries serving communities before the effective date of this Decree, but have not yet obtained registration certificates, shall continue to comply with legislative regulations at the time of submission.

2. Libraries established before July 1, 2020 must be improved to satisfy all requirements for library establishment in 2 years following the effective date of this Decree.

Article 32. Entry into force

1. This Decree shall take effect from October 5, 2020.

2. Decree No. 72/2002/ND-CP dated August 6, 2002 of the Government detailing the implementation of the Library Ordinance; Decree No. 02/2009/ND-CP dated January 6, 2009 of the Government, providing for the organization and operation of private libraries serving the community; provisions of Clause 5 of Article 2 in the Decree No. 01/2012/ND-CP dated January 4, 2012 of the Government, amending, supplementing, replacing, annulling or canceling regulations related to administrative procedures under the management of the Ministry of Culture, Sports and Tourism shall expire on the effective date of this Decree.

Article 33. Implementation responsibilities

Ministers, Heads of Ministry-level agencies, Heads of Governmental bodies, Presidents of People’s Committees of provinces and centrally-affiliated cities, and other entities or persons involved, shall be responsible for enforcing this Decree./.