Joint Circular No. 04/2011/TTLT-BTTTT-BTC guides the implementation of ordering publications using state budget funds.

JOINT CIRCULAR

Guidelines for Ordering Publishing Products Using State Budget Funds

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Based on the Law on Publishing dated December 3, 2004; Decree No. 111/2005/NĐ-CP dated August 26, 2005 of the Government detailing and guiding the implementation of certain provisions of the Law on Publishing;

Based on the State Budget Law; Decree No. 60/2003/NĐ-CP dated June 6, 2003 of the Government detailing and guiding the implementation of certain provisions of the State Budget Law;

Based on the Price Ordinance; Decree No. 170/2003/NĐ-CP dated December 25, 2003 of the Government detailing and guiding the implementation of certain provisions of the Price Ordinance; Decree No. 75/2008/NĐ-CP dated June 6, 2008 amending and supplementing certain provisions of Decree No. 170/2003/NĐ-CP dated December 25, 2003;

Based on Decision No. 39/2008/QĐ-TTg dated March 14, 2008 of the Prime Minister promulgating the Procurement, Ordering, and Assignment Regulations for Public Services Provided Using State Budget Funds;

Based on Decree No. 187/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications; Decree No. 118/2008/NĐ-CP dated November 27, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

The Ministry of Information and Communications and the Ministry of Finance jointly issue guidelines for ordering publishing products using state budget funds as follows:

Article 1. Scope of Regulation

These guidelines guide the implementation of ordering publishing products using state budget funds carried out by publishers.

Article 2. Applicability

1. State management agencies, ordering agencies for publishing products.

2. Central and local publishers.

Article 3. Types of publishing products subject to ordering

1. Publishing products on theoretical and political topics.

2. Publishing products serving teenagers, children, ethnic minorities, mountainous regions, islands, and visually impaired individuals.

3. Publishing products intended for wide dissemination to serve important political and social tasks (national security and defense; economic, cultural, and social development; legal education and promotion).

4. Publishing products serving external information tasks.

Article 4. Developing an ordering plan for publishing products

1. By May each year, the Ministry of Information and Communications issues a document guiding relevant ministries and sectors with publishers; provincial People's Committees (hereinafter referred to as Provincial People's Committees) issue documents guiding local publishers regarding the orientation of topics for ordered publishing products according to assigned political tasks.

2. The managing agency of the publisher, based on the plan and topic orientation, directs the publisher to compile a list of ordered publishing products (title, summary of content, scope, number of pages, number of copies, number of pages converted to 13x19 cm format, estimated cost); a list of recipients of ordered publishing products (according to Model Appendix No. 1) and budget estimate.

3. No later than June 30 of the year preceding the plan, the managing agency of the publisher compiles the list of ordered publishing products and budget estimate and sends it to the Ministry of Information and Communications (for central publisher managing agencies); sends it to the Provincial People's Committee (for local publisher managing agencies). The Ministry of Information and Communications is responsible for compiling the list of ordered publishing products and budget estimate and sending it to the Ministry of Finance before July 30.

Article 5. Approval of the list of publications to be ordered

1. For central publishers: based on the list of publications to be ordered sent by the managing agency of the publisher, the Ministry of Information and Communications authorizes the Publishing Department to approve the list of publications to be ordered, the quantity, and the recipients of the publications. The approval process will take place within 15 working days (from the date of receipt of the request document from the managing agency of the publisher) to send to the Ministry of Finance for the compilation of the budget estimate for ordering publications.

2. For local publishers: based on the list of publications to be ordered sent by the managing agency of the publisher, the People's Committee of the province authorizes the Industry Management Department to approve the list of publications to be ordered, the quantity, and the recipients of the publications. The approval process will take place within 15 working days (from the date of receipt of the request document from the managing agency of the publisher) to send to the financial authority at the same level for the compilation of the budget estimate for ordering publications.

Article 6. Compilation and submission for approval, allocation of budget estimates for ordering publications

1. For the central budget: based on the proposal of the Ministry of Information and Communications (authorizing the Publishing Department) regarding the budget estimate needed for ordering, the Ministry of Finance is responsible for compiling and balancing the budget estimate for ordering publications to submit to the Prime Minister for reporting to the Standing Committee of the National Assembly.

The Ministry of Finance coordinates with the Ministry of Information and Communications to notify the budget estimate for ordering to the managing agency of the publisher for the purpose of allocating the budget estimate for ordering to the publishers implementing it.

2. For the local budget: the People's Committee of the province authorizes the Industry Management Department to compile the funds to be submitted to the financial authority at the same level for allocation of the budget for ordering publications in the annual budget plan to be submitted to the competent authority for approval.

Based on the Resolution of the People's Council, the People's Committee of the province (authorizing the Finance Department) notifies the budget estimate for ordering to the managing agency of the publisher for the purpose of allocating the budget estimate for ordering to the local publishers implementing it.

Article 7. Regulations on the price of ordered publications

1. Annually, the Ministry of Finance, in collaboration with the Ministry of Information and Communications, determines reasonable costs for publication, printing, and distribution to set the payment price for publications ordered by central publishers using the central budget.

2. Annually, the People's Committee of the province authorizes the Finance Department and related agencies to determine reasonable costs for publication, printing, and distribution to set the payment price for publications ordered by local publishers using the local budget.

Article 8. Ordering Agency for Publications

1. The managing agency of the central publisher is the agency that orders publications implemented by the central publisher using the central budget.

2. The People's Committee of the province authorizes the Industry Management Department (the managing agency of the local publisher) to order publications implemented by the local publisher using the local budget.

3. Based on the allocated budget estimate, the quantity of ordered publications (number of copies, number of editions, number of pages converted to 13x19cm format), the publication price is determined by the financial management authority at the same level; the ordering agency signs a contract with the publisher according to the following main contents:

a) Number of copies (name of publication), number of editions per copy, format, actual number of pages, number of pages converted to 13x19cm format;

b) Publication price;

c) Contract value;

d) Completion time;

d) Address for delivery of publications;

e) Acceptance and payment methods;

f) Responsibilities and obligations between the ordering agency and the contracted entity;

g) Liability of the parties for breach of contract;

h) Dispute resolution in contracts.

In addition, the parties may agree to include other contents in the contract but not contrary to the provisions of the law.

Article 9. Publishers

1. Implement registration of publication plans and submit copies for preservation in accordance with the provisions of the Law on Publishing. During the implementation process, if there are adjustments to topics, quantities, or recipients of commissioned publications that have been approved, the publisher must report such changes in writing to the competent authority.

2. Develop pricing schemes to be submitted to the Ministry of Finance and the Ministry of Information and Communications after obtaining comments from the supervising agency (in accordance with Appendix Model No. 2).

3. The published items must comply with the approved list of commissioned publications. On the back cover of the fourth page of the publication, the phrase "State-Commissioned Publication" must be printed.

In cases where additional quantities of commissioned publications are printed for sale (with payment), related costs must be allocated to reduce expenses for the state-commissioned quantities. The retail price must be printed on the back cover of the fourth page of the publication.

4. Deliver the publications in accordance with the quantity and recipients approved by the competent authority.

5. Report on the implementation of the commissioning plan to the competent authorities.

Article 10. Recipient Addresses for Commissioned Publications

1. For publications carried out by central publishers:

a) Public libraries of provinces and centrally-administered cities;

b) Central specialized libraries;

c) Libraries of research institutes; specialized libraries of universities and colleges;

d) Political-social organizations; central mass organizations;

đ) Vietnamese diplomatic missions abroad;

e) Rural cultural post offices;

g) Other addresses determined by the commissioning agency.

2. For publications carried out by local publishers:

a) Provincial libraries, county libraries; school libraries within the province;

b) Specialized libraries; libraries of research institutes; specialized libraries of universities and colleges located in the area;

c) Professional bookshelves of local administrative agencies;

d) Political-social organizations; local mass organizations;

đ) Rural cultural post offices;

e) Other addresses determined by the commissioning agency.

3. The maximum number of copies (each title) sent to each recipient address shall not exceed five (for public libraries of provinces and centrally-administered cities, the maximum number of copies sent shall be twenty).

4. Responsibilities of the recipient agencies:

a) Agencies receiving and managing commissioned publications shall manage them according to regulations governing asset management;

b) Organize effective utilization of commissioned publications;

c) For public libraries of provinces and centrally-administered cities, they shall implement circulation of commissioned publications to district and county libraries in accordance with legal regulations on libraries.

Article 11. Payment and Settlement of Commissioned Publications

1. Based on the contract signed between the supervising agency of the publisher and the publisher, and the approved budget estimate for commissioned publications, the State Treasury shall temporarily advance 70% of the funds (for publishers that are public institutions) for the publisher to implement the project, with the remaining amount to be paid upon completion acceptance.

For publishers that are enterprises, the supervising agency of the publisher shall temporarily advance and transfer funds to the publisher for implementation.

2. The supervising agency of the publisher shall settle accounts for publications carried out by central publishers and consolidate settlement reports to send to the Ministry of Finance.

3. The People's Committee of the province shall authorize the provincial department in charge to settle accounts for publications carried out by local publishers and consolidate settlement reports to send to the financial agency at the same level.

Article 12. Adjustment of the list of commissioned publications

1. The adjustment of the list of commissioned publications shall be carried out in the following cases:

a) The commissioned topic has been approved but cannot be implemented or needs to change its name to align with the content;

b) Change in quantity; change in the address for receiving the approved commissioned publication.

2. The adjustment of the list of commissioned publications only applies until October 30 of the planning year and must be reviewed and decided by the competent authority. The value of the contract after adjustment shall not exceed the total allocated budget, except in cases where permission is granted by the competent authority.

Article 13. Inspection of the Implementation of Commissioned Publications

1. The Ministry of Information and Communications shall take the lead in coordinating with the Ministry of Finance and relevant agencies to inspect the implementation of the list of commissioned publications; the quantity and recipients of the publications; the funding for the implementation of commissioned publications by central publishers.

2. The People's Committee of the province shall authorize the Department managing the sector to take the lead in coordinating with relevant agencies to inspect the implementation of the list of commissioned publications; the quantity and recipients of the publications; the funding for the implementation of commissioned publications by local publishers.

3. In cases where the commissioned publication contract is not properly executed, in addition to handling violations according to relevant laws, the following provisions must also be followed:

a) If the commissioned publication does not comply with the approved list, the commissioned funding must be refunded;

b) If the commissioned publication does not comply with the approved quantity, it will only be accepted for settlement for the approved quantity;

c) If the commissioned publication is not delivered in the correct quantity and to the correct recipients as approved, it will only be accepted for settlement for the approved quantity and recipients;

d) If the commissioned topic list is not established within the prescribed time, the commissioning will not be implemented.

Article 14. Implementation Organization

1. This Circular shall take effect 45 days from the date of signature and replace the contents guiding the financial support policy for publications in Circular No. 11/TT-LB dated February 20, 1993, issued by the Ministry of Culture - Information and the Ministry of Finance on guiding the implementation of the financial support policy for publications and press.

2. The Ministry of Information and Communications, the Ministry of Finance, the People's Committee of the province, and the management agency of the publisher have the responsibility to direct the implementation and coordinate with functional agencies to inspect the implementation of commissioned publications.

3. In case of difficulties or obstacles during implementation, the agencies and units are requested to report to the Ministry of Information and Communications and the Ministry of Finance for research and appropriate amendments and supplements./.