Chương II Thông tư 23/2014/TT-BTTTT: Lĩnh vực xuất bản

Chapter II

PUBLISHING

Article 5. Guidance on signing for approval of complete manuscripts before printing as prescribed at point e, clause 1 of Article 18 of the Publishing Law

1. A manuscripts shall be signed for approval if :

a) The manuscript printed on ordinary paper (including the content of publication, the information on the publication, the cover) must be edited completely, signed by the Chief Editor on the cover, the front page and the last page and signed by the editor of the publisher on the cover and each page of the manuscript;

b) The manuscript printed on tracing paper or film (including the content of publication, the information on the publication, the cover) must be edited completely, signed by the Chief Editor on the cover, the front page and the last page and signed by the editor of the publisher on the cover and each page of the manuscript;

c) The electronic manuscript being a file (including the content of publication, the information on the publication, the cover) must be edited completely by the Chief Editor and editors of the publisher, and stored in CD, CD-ROM, USB, hard drive or other data storage devices with the file format which does not allow modification.

2. Ways of signing for approval manuscript of director (general director) of publisher:

a) For the manuscript printed on ordinary paper, the director ( general direcor) of publisher shall sign on the cover, the front page and the last page of the manuscript or on the manuscript approval sheet signed fully by the chief editor and the editors of the publisher and stamped on adjoining edges of pages;

b) For the manuscript printed on tracing paper or film, the director ( general dirctor) of publisher shall sign the cover, the front page and the last page of the manuscript or on the manuscript approval sheet signed fully by the chief editor and the editors of the publisher and stamped on adjoining edges of pages of ;

c) For electronic manuscript, the director( general director) of publisher shall sign on the manuscript approval sheet signed fully by the chief editor and the editors of the publisher.

Article 6. Procedures of withdrawal, regrant of editing practice certificates

1. The procedures of withdrawal, regrant of editing practice certificates prescribed in clause 3 of Article 20 of the Law on Publishing shall be as follows:

a) The determination to withdraw the editor’s editing practice certificate as prescribed in clause 3 of Article 20 of the Publishing Law must be recorded in writing by the Department of Publishing, Printing and Releasing;

b) Within 05 working days after recording in writing, the Director of Publishing, Printing and Releasing must issue a decision to withdraw the editing practice cetificate;

c) Since the date of the decision to withdraw the editing practice certificate, the editor must not edit the manuscript or undersign on the publication and must submit the editing practice certificate to the Department of Publishing, Printing and Releasing.

2. Unless the editor having the editing practice certificate is convicted of a legal effective judgment by the court of a very serious crimes, offenses against national security , procedures for regranting the editing practice certificate prescribed in clause 4 of Article 20 of the Law on Publication shall be carried out as follows,

a) After 02 years of being withdrawn the editing practice certificate, the editor shall request the Department of Publishing, Printing and Releasing to regrant it. Applications shall be in 01 (a) set, including:

A written request for regranting the editing practice certificate and a resume;

Copies (presented together with the original for comparison) or certified true copies of the following documents: university graduation Diploma or higher; completion certificate of fostering course of legal knowledge and editing professional ability which is granted within 06 months before the editors submit the application for regranting the editing practice certificate;

b) Within 15 days after receiving of application, the Department of Publishing, Printing and Releasing shall consider regranting the editing practice certificate to the editor; If the application is rejected, the Department of Publishing, Printing and Releasing must make a reply in writing and clearly state the reasons.

3. Procedures for regranting the editing practice certificate specified in clause 5 of Article 20 of the Law on Publishing shall be as follows:

a) Within 15 days after the editing practice certificate is lost or damaged, the editor must have an application of regranting it. Applications shall be in 01 (a) set, including:

A written request for regranting the editing practice certificate;

The original of the damaged editing practice certificate; or the copy of the lost editing practice certificate (if any);

b) Within 10 days after receiving the application, the Department of Publishing, Printing and Releasing shall consider regranting the editing practice certificate to the editor; If the application is rejected, the Department of Publishing, Printing and Releasing must make a reply in writing and clearly state the reasons.

Article 7. Basic content of association contracts specified in point b, clause 3 of Article 23 of the Publishing Law

In addition to the information required by the provisions of law on contract, association contracts between publishers and affiliate partners specified at Point b, Clause 3, Article 23 of the Law on Publication must provide the following information:

1. Name and address of the publishers and affiliate partners;

2. Name of the publication and the author

3. The publishing registration confirmation number of Publishing, Printing and Releasing Department, except for association to develop the manuscript;

4. Publishing association under the provisions of clause 2 of Article 23 of the Law on Publishing;

5. Responsibilities of each party in execution the laws of publishing and intellectual property rights in editing, printing and releasing the publications;

6. Responsibilities of associated partners in execution the decisions of the general manager (director) of the publisher on releasing of publications; suspending the releasing, withdrawing, destroying violated publications;

7. Responsibilities for indemnity for damages of the parties for breach of the terms of contract and the provisions of the law on publishing and intellectual property rights;

8. Other contents which are not contrary to the provisions of the law on publishing and the laws involved.

Article 8. Management of publishing registration confirmation number specified in clause 6 of Article 10 of Decree No. 195/2013 / ND-CP

1. The publishing registration confirmation number shall be granted to each publication and recorded in the publishing registration certificate. Publishers must record the exact publishing registration confirmation number on publications published under the guidance in publishing registration certificate.

2. At the latest on March 31 of the year following the year of publishing registration confirmation, publishers must report to the Department of Publishing, Printing and Releasing on the name list of publications which have been granted the publishing registration confirmation number but have still not published.

Article 9. Publishing registration through internet specified in clause 6 of Article 10 of Decree No. 195/2013 / ND-CP

In addition to submitting the publishing application directly or by post to the Department of Publishing, Printing and Releasing, publishing registration through the internet shall be as follows:

1. The publisher shall have certificate authority granted by an organization providing of signature authentication service to register for publishing through the Internet;

2. The Publisher shall enumerate the publishing registration information according to the instructions on the Website of the Department of Publishing, Printing and Releasing about the provision of online public services.

Article 10. Applications and procedures for granting publishing licenses for non-commercial materials specified in Article 12 of Decree No. 195/2013 / ND-CP

1. Applications for granting publishing licences for non-commercial materials shall be submitted directly or by post to the Department of Publishing, Printing and Releasing or to the Department of Information and Communications.

If submitting through the internet, organizations requesting for granting licences must have certificate authority granted by an organization providing of signature authentication service and follow the instructions on the Website of the Department of Publishing, Printing and Releasing, Department of Information and Communications for providing online public services.

2. Organizations requesting for granting publishing licences for non-commercial materials shall make 01( a) set of application, including:

a) A written request for granting a license;

b) A copy (presented together with the original for comparison) or a certified true copy of one of these documents: establishment decision; operation license; business registration certificate, investment certificate, enterprise registration certificate;

The organizations requesting for granting licences being the Party and State organizations shall be not required to submit the documents specified in this clause.

c) 03 (three) material’s manuscripts printed on paper; if the material is in foreign languages, languages of Vietnamese ethnic minorities, it must be accompanied with a Vietnamese translation.

For the electronic publication, there shall be data storage devices containing its entire contents with the file format which does not allow modification;

d) Applications prescribed in points a, b and c of this clause shall be along with the written confirmation of organizations undersigning of seminars and conferences in the case of published material being the summary records of the seminars and conferences; or along with the written confirmation of governing organizations or ones with competence in profession management in case of published materials being summary records of professions specified in Clause 1, Article 12 of Decree No. 195/2013 / ND-CP.

Article 11. Guidance on writing information on publications

In addition to the provisions of Article 27 of the Law on Publishing, writing information on publications shall comply with the following provisions:

1. For publications which are printed books:

a) Author’s name, translator's name, transcriber’s name, composer’s name shall not be written on the covers of the books with contents of documents of the Party; legal documents; prayer documents, canon law of religion legally operating in Vietnam;

b) For the name and address of the printing establishment specified at Point c, Clause 1, Article 27 of the Law on Publishing, full name and address of each establishment directly pre-pressing, printing, post-pressing must be written along with name and address of its headquarter.

c) Page numbers must be written

d) Using the image of the national emblem on books must comply with the provisions of the relevant legislation;

dd) The words "Advertisement Book" must be written on the fourth cover of books specializing on advertising.

2. For electronic publications:

a) The full information shall be written as prescribed in clause 5 of Article 27 of the Law on Publishing in the first part of the publication, except for the size, the proofreader’s name, print number, name and address of the printing establishment;

b) Location to write the publishing registration confirmation number shall be the first interface or the first part of the electronic publication on the Internet or in the terminal equipment’s software.

3. For publications which are not books

a) For pictures, photos, maps, posters, flyers and leaflets: The publishing registration confirmation number or publishing refistration license number of non-business materials must be written at the right bottom of the front page or last page;

a) For the name and address of the printing organizations specified at Point b, Clause 2, Article 27 of the Law on publishing, full name and address of each establishment directly pre-pressing, printing, post-pressing must be written along with name and address of its headquarter

b) For bloc and sheet calendars:

Calendar day, date ,week ,month ,year must be written in accordance with the State of Vietnam’s calendar Table issued by the competent authorities.

In addition to information about calendar day, date, week , month , year , according to the size, propety and use purpose of the calendar , the director ( general manager ) of the publisher shall decide to choose the remaining information in calendar Table of the State of Vietnam and further information to print on the calendar and ensure accuracy , accordance with the habits and customs of Vietnam, and clearly annotate the source of information and data ; not write information that gives recommendation without any scientific basis ;

The information on calendar must be printed in Vietnamese; in case of using Vietnamese, Vietnamese ethnic minorities’ languages and foreign languages which have the same content, the Vietnamese shall be in larger font size;

National Day holidays and Sundays must be printed in red; major anniversaries of the country must be in red or presented and designed differently from the rest days of the week;

The name of publisher, publishing registration confirmation number, publishing decision number, print quantity, size, name and address of the printing establishment, the name and address of the associated partners (if any) must be written on the cover of bloc calendar and at the right bottom of the December calendar sheet for sheet calendar;

For the name and address of the printing organizations specified at Point b, Clause 2, Article 27 of the Law on Publishing, full name and address of each establishment directly prepressing, printing, post-pressing must be written in addition to the name and address of its headquarter.

c) For book calendars, desk calendars and other printed calendars: name of the publisher; publishing registration confirmation number; publishing decision number; printing quantity; name and address of the printing establishment’s headquarter ; name and address of each establishment directly prepressing, printing and post-pressing; name and address of the associated partner (if any) and director (general manager) deciding to written information location must be written

d) For sound recordings, video recordings with contents of the books or illustrations for the books (including CDs, CD-ROMs, cassette tapes, video tapes, other data storage devices), publishing registration confirmation number, non-business material publishing license number shall be written on:

The label stuck on the surface of CD, CD-ROM and the outside surface of the disc box;

The label stuck on the outside surface cassette tape’ box, video tape’s box, other data storage devices.

Article 12. Procedures for submission legal deposit publication and submission publication to National Library of Vietnam as precsribed in clause 28, article 48 of the Law on Publishing and article 21 of decree No. 195/2013/ND-CP

In addition to the provisions of Article 28 and Article 48 of the Law on Publishing, Article 21 of Decree No. 195/2013 / ND-CP, procedures for submission legal deposit publication and submission publication to the National Library of Vietnam shall be as follows:

1. For print publications:

a) They shall be submitted by post or directly to the Department of Publishing, Printing and Releasing, the Department of Information and Communications, the National Library of Vietnam;

b) When each publication is submitted legal deposit and to the National Library of Vietnam, it must be accompanied by two (02) deposit declarations ;

c) For publication of the publisher: the stamp of the publisher or publisher branch and signature of the publisher’s leader or those authorized in writing by the publisher’s leader must be on the page printed publishing registration confirmation number, publishing decision number.

d) For non-business materials granted the publishing licence by the Deparment of Publishing, Printing and Releasing or by the Department of Information and Communications: the stamp and signature of the leader of the agency or organization granted the publishing licence or those authorized in writing by the leader of the agency or organization must be on the page printed the publishing licence number.

2. For electronic publications:

In addition to implementation of the provisions of Clause 1, Article 21 of Decree No. 195/2013 / ND-CP, publishers, agencies and organizations granted the non-business material publishing licence must meet the following requirements:

a) They must have certificate authority granted by an organization providing of signature authentication service to submit legal deposit of publications through the Internet and to ensure the integrity of publications submitted legal deposit and to the National Library of Vietnam;

b) Submitting electronic publication through the Internet must comply with the instructions on how to submit on the Website of the Department of Publishing, Printing and Releasing, the Department of Information and Communications, the National Library Vietnam;

c) Electronic publication contained in a data storage device must be sent by post or submitted directly to the Department of Publishing, Printing and Releasing, the Department of Information and Communications, the National Library Vietnam.

3. The time for submitting legal deposit publication and submitting publication to the National Library of Vietnam is determined at the part of signing receipt of legal deposit receiving agency and in the deposit declaration of the National Library of Vietnam.

4. The Deparment of Publishing, Printing and Releasing, the Department of Information and Communications shall organize the deposit warehouse to store legal deposit publications within 24 months and liquidate after the legal deposit time.