Decree No. 02/2009/ND-CP on the organization and operation of private libraries serving the community

DECREE

Provisions on the organization and operation of private libraries serving the community

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Legislative Regulatory Acts dated November 12, 1996, and the Law Amending and Supplementing Certain Articles of the Law on Legislative Regulatory Acts dated December 16, 2002;

Pursuant to the Library Ordinance dated December 28, 2000;

1. To fully exploit and effectively utilize the potential, infrastructure system, and position of the Region, with Ho Chi Minh City as the leading force, to create a driving force for comprehensive development in the fields of culture, family, physical education and sports, and tourism, thereby promoting the cultural market, physical education and sports activities, and tourism throughout the country and other localities.

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of regulation and applicable subjects

1. This Decree stipulates the organization, operation, rights, and obligations of private libraries serving the community (hereinafter referred to as private libraries) and of individuals establishing private libraries; state policies and state management over private libraries.

2. This Decree applies to organizations and individuals who are Vietnamese citizens within the country related to private libraries.

The establishment of libraries by Vietnamese organizations shall be carried out in accordance with the provisions of the Library Ordinance 2000.

The establishment of libraries by foreign organizations and individuals for non-profit purposes shall be carried out in accordance with the current laws regarding the establishment and operation of foreign cultural and educational institutions in Vietnam.

The establishment of libraries in the form of domestic investment enterprises shall be carried out in accordance with the provisions of the Enterprise Law 2005.

The establishment of libraries in the form of foreign-invested enterprises shall be carried out in accordance with the provisions of the Enterprise Law 2005 and the Investment Law 2005.

Article 2. Private Libraries

A private library is a non-public service provider in the field of libraries, established by one person or a group of people, investing in material infrastructure, self-funding operations, and operating in accordance with the law.

Private libraries have the function of collecting books, newspapers, and other types of materials (hereinafter collectively referred to as library resources) to serve the learning, entertainment, information, and research needs of the public at the facility.

Article 3. State Policies

1. The State encourages the establishment of private libraries to widely serve the public; values and treats equally the products and services of private libraries.

2. Private libraries enjoy preferential policies as prescribed in Decree No. 69/2008/NĐ-CP dated May 30, 2008, on policies encouraging socialization in education, vocational training, healthcare, culture, sports, and environmental activities.

3. Private libraries may participate in library public services funded and commissioned by the State; they can accept circulating books from state public libraries.

4. Staff working in private libraries are exempt from fees when attending specialized training courses organized by the cultural sector.

5. The State encourages and creates conditions for private libraries to apply information technology in library activities.

6. Assets donated or provided without repayment during the operation of private libraries shall not be distributed to individuals but shall be used jointly for the benefit of the institution and the community.

Chapter II

ORGANIZATION AND OPERATIONS OF PRIVATE LIBRARIES

Article 4. Name of Private Libraries

1. The name of the library may be based on one of the following grounds:

a) The scope and content of the library's activities;

b) The name of the main collection of the library;

c) The name of the individual establishing the library.

2. The name of the library must be stated in the application for library registration and clearly recorded in the certificate of library registration. If the library name includes additional foreign language, it must be written below the Vietnamese name in smaller font size than the Vietnamese text.

3. The name of a private library shall not duplicate the name of another library currently operating in the same area.

Article 5. Conditions for establishment

A private library shall be established when it meets the following conditions:

1. Having initial capital materials on one or more scientific knowledge subjects with at least 500 copies of books and 1 name of a regular publication, processed according to library business rules.

2. Having an area that meets the requirements for preserving capital materials and serving the public with at least 10 reading seats without affecting traffic order and safety; ensuring environmental hygiene and cultural landscape.

3. Having sufficient fire prevention and firefighting equipment and initial specialized equipment such as bookshelves, cabinets for storing materials; tables and chairs for readers; index boxes or library material catalogues for reference services; modern equipment such as computers and telecommunications devices may be available depending on specific library conditions.

4. The person named as the founder and working in the library:

a) The person named as the founder of the library must have Vietnamese nationality, be at least 18 years old; possess full legal capacity and conduct capacity; understand books, newspapers, and the field of libraries.

b) Persons working in the library:

- For the library specified in point a, Clause 2, Article 6: persons working in the library must have completed secondary school or higher and received training in library business knowledge;

- For the library specified in point b, Clause 2, Article 6: persons working in the library must have completed a junior college in library science or equivalent. If they have completed a junior college in another field, they must receive training in library business knowledge equivalent to a junior college in library science;

- For the library specified in point c, Clause 2, Article 6: persons working in the library must have completed a bachelor's degree in library and information science. If they have completed a bachelor's degree in another field, they must receive training in library business knowledge equivalent to a bachelor's degree in library and information science.

Article 6. Procedures for registering private library operations

1. The registration dossier for library operations includes:

a) Application for registration of library operations (Form No. 1);

b) Catalogue of current library capital materials (Form No. 2);

c) Curriculum vitae of the founder of the library certified by the People's Committee of the commune, ward, town (hereinafter referred to collectively as commune level) where the founder resides;

d) Library regulations.

2. The agency receiving the dossier and issuing the certificate of registration for library operations:

The People's Committee at the commune level or the Department of Culture, Sports and Tourism at the district, town, city under province level (hereinafter referred to collectively as district level) or the Provincial Department of Culture, Sports and Tourism are responsible for providing the dossier, guiding the procedures for registering library operations.

Based on the initial capital materials of the library, the founder of the library shall submit the registration dossier to the competent agencies as follows:

a) Libraries with initial book capital from 500 copies to less than 1,000 copies shall submit the dossier to the People's Committee at the commune level where the library is located;

b) Libraries with initial book capital from 1,000 copies to less than 2,000 copies shall submit the dossier to the Department of Culture and Information at the district level where the library is located;

c) Libraries with initial book capital of 20,000 copies or more shall submit the dossier to the Provincial Department of Culture, Sports and Tourism where the library is located;

After receiving a complete and valid dossier from the founder of the library, the agency receiving the dossier shall issue a certificate of registration for library operations to the library (Form No. 3). In case of refusal, there must be a written opinion stating the reasons.

After obtaining the certificate of registration for library operations, the founder of the library must display the library signboard and regulations at the library.

Article 7. Suspension of operations and revocation of the certificate of registration for library operations

A library violating any of the provisions in Clause 1, Article 9 of this Decree will be suspended from operations and its certificate of registration for library operations will be revoked.

The agency issuing the certificate of registration for library operations is responsible for revoking the certificate of registration for library operations in cases where the library is suspended from operations.

Article 8. Library activities

1. Library development activities:

a) Professional and business activities of the library: collecting, selecting, and processing technical materials;

b) Organizing public service for community members to use library capital materials through on-site reading or borrowing at home in accordance with the library's regulations.

2. Activities to promote and introduce library capital materials and library services to attract readers to the library.

3. Participating in building a reading culture among the people; creating favorable conditions for people to use library capital materials; establishing a team of library volunteers.

Article 9. Prohibited acts

1. For libraries:

a) Storing materials containing:

- Content opposing the Socialist Republic of Vietnam; undermining the unity of the entire people;

- Propaganda for violence, aggressive war, inciting hatred between ethnic groups and people of other countries; spreading reactionary thoughts, subversive cultural products, decadent lifestyles, criminal behaviors, social evils, superstitions; destroying traditional customs and morals of the nation;

- Distorting history, denying revolutionary achievements, insulting great men, national heroes, slandering, defaming the reputation of organizations, the dignity and personality of citizens.

b) Exploiting library business activities to disseminate materials containing the contents stipulated in point a, Clause 1 of this Article.

2. For individuals and state agencies:

Engaging in actions that create difficulties and obstacles to the establishment and operation of private libraries.

Chapter III

RIGHTS AND OBLIGATIONS OF PRIVATE LIBRARIES AND THE PERSONS NAMED AS THE FOUNDERS OF PRIVATE LIBRARIES

Article 10. Rights of private libraries

1. To collect capital materials to meet the needs of readers through various forms such as purchasing, exchanging, donating, inheriting from organizations and individuals both domestically and internationally, receiving circulating books from state public libraries, and other forms prescribed by law.

2. To mobilize and utilize legitimate resources to support library activities.

3. To organize service activities appropriate to the functions and responsibilities of the library and in accordance with the law.

4. To charge fees for membership cards, fees for using library capital materials, and other library services in accordance with the law.

5. Shall be professionally guided by state agencies with authority in culture and public national libraries.

6. Shall participate in library professional organizations within the country and internationally as prescribed by law.

Article 11. Obligations of private libraries

1. Shall comply with the Party's policies and State laws on the library sector.

2. Shall implement professional requirements for the preservation and promotion of library capital values according to the directives and guidance of state agencies with authority in culture; cooperate with other state agencies with authority in culture and other libraries in protecting and promoting library capital.

3. Shall maintain statistical, information, and reporting systems with state agencies with authority in culture as prescribed by current regulations.

4. Shall fulfill financial obligations and other obligations as prescribed by law.

Article 12. Rights and obligations of the person named to establish a private library

1. Rights of the person named to establish a library:

a) Has the right to divide, merge, convert, dissolve the library, or change registered activities.

b) Participate in professional activities and social occupational organizations as prescribed by law.

2. Obligations of the person named to establish a library:

a) Shall comply with State regulations related to the library sector;

b) Shall implement inspection and supervision requirements of state management agencies; provide complete and timely materials related to inspections and supervision and bear responsibility for the accuracy and truthfulness of the provided information and materials;

c) When dividing, merging libraries, the person named to establish the library must re-register library operations; when dissolving or changing registered activities, the person named to establish the library must notify in writing the agency issuing the library operation registration certificate. For dissolved libraries, the person named to establish the library must return the library operation registration certificate to the issuing agency;

d) Shall ensure that library staff are trained and developed in library professional skills.

Chapter IV

STATE MANAGEMENT OF PRIVATE LIBRARIES

Article 13. State management agencies for private libraries

The Ministry of Culture, Sports and Tourism is responsible before the Government for implementing state management functions over private libraries nationwide.

People's Committees at all levels shall perform state management functions over private libraries within their respective localities.

Article 14. Contents of state management over private libraries

1. Develop socialization orientations in the library sector as a basis for People's Committees at all levels and persons named to establish libraries to implement.

2. Issue policies and incentive systems suitable for forms of operation, development requirements of libraries during each period and region.

3. Uniformly manage the content, form, and quality of library activities as a basis for organizing implementation and monitoring by all levels, sectors, and society.

4. Issue and revoke library operation registration certificates.

5. Inspect and supervise compliance with State regulations on libraries; handle violations according to the provisions of law.

Article 15. Commendation and handling of violations

1. Persons named to establish or working in private libraries who have achievements in building and developing libraries, effectively serving the information and knowledge needs of the people at the grassroots level shall be commended according to the provisions of law.

2. Any person violating the provisions of this Decree and other relevant laws concerning libraries shall be disciplined, administratively sanctioned, or criminally prosecuted depending on the nature and severity of the violation; if causing damage, they must compensate according to the provisions of law.

Chapter V

IMPLEMENTING PROVISIONS

Article 16. Effectiveness

This Decree takes effect 45 days from the date of publication in the Official Gazette.

Article 17. Responsibility for Implementation

The Minister of Culture, Sports and Tourism, Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, and Chairpersons of provincial and centrally-administered city People's Committees are responsible for organizing, guiding, and supervising the implementation of this Decree./.