Circular No. 04/2014/TT-BTTTT detailing and guiding the implementation of certain Articles of Government Decree No. 88/2012/NĐ-CP dated October 23, 2012 on the activities of foreign press, foreign representative offices, and foreign organizations in Vietnam regarding information and journalism.

CIRCULAR

Detailed regulations and guidance on implementation of certain Articles

of Decree No. 88/2012/NĐ-CP dated October 23, 2012

of the Government on information and press activities of foreign media, foreign representative offices, and foreign organizations in Vietnam

Foreign media, foreign representative offices, and foreign organizations at Vietnam

___________

 Pursuant to Decree No. 88/2012/NĐ-CP dated October 23, 2012 of the Government on information and press activities of foreign media, foreign representative offices, and foreign organizations in Vietnam (hereinafter referred to as Decree No. 88/2012/NĐ-CP);

Based on Decree No. 132/2013/ND-CP dated October 16, 2013 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications;

Considering the proposal of the Director of the Department of External Information,

The Minister of Information and Communications promulgates this Circular detailing and guiding the implementation of certain Articles of Decree No. 88/2012/NĐ-CP dated October 23, 2012 of the Government on information and press activities of foreign media, foreign representative offices, and foreign organizations in Vietnam as follows:

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates the dossier, procedures, and issuance of related document forms concerning information and press activities of foreign representative offices and foreign organizations in Vietnam (hereinafter referred to as foreign organizations).

2. The subjects to which this Circular applies include units and organizations under the Ministry of Information and Communications, People's Committees of provinces and centrally governed cities (hereinafter referred to as provincial-level People's Committees), and foreign organizations in Vietnam.

Article 2. Interpretation of Terms

Some terms in this Circular are understood as follows:

1. A foreign representative office is a diplomatic mission, consulate, representative office of an intergovernmental international organization, and other foreign agencies authorized to perform consular functions in Vietnam.

2. A foreign organization is a representative office of a non-governmental organization, economic, cultural, scientific organization, foreign consulting firm, foreign company, or factory.

1. Foreign organizations in Vietnam that wish to publish newsletters shall submit a request according to Form No. 01/BTTTT issued together with this Circular to the Press Department, Ministry of Information and Communications (directly or via postal service). For foreign representative offices, the request should also be sent to the Ministry of Foreign Affairs for notification.

2. Foreign organizations in Vietnam that do not organize press conferences but wish to issue press releases shall submit a request according to Form No. 01/BTTTT issued together with this Circular to the provincial-level People's Committee where the organization has its headquarters, accompanied by drafts and samples of the press release. In cases where a press release is issued in conjunction with a press conference, the request should be submitted to the agency responsible for organizing the press conference.

3. The publication of newsletters and issuance of press releases shall be carried out in accordance with the provisions set forth in Decision No. 28/2002/QĐ-BVHTT dated November 21, 2002 on the Regulations on publishing newsletters, materials, leaflets; issuing press releases; broadcasting newsletters on electronic screens of foreign organizations and foreign-invested legal entities in Vietnam, amended and supplemented by Circular No. 21/2011/TT-BTTTT dated July 13, 2011; Decision No. 20/2007/QĐ-BVHTT dated July 9, 2007, and the provisions of this Circular.

4. The validity period of a newsletter publication permit is one year from the date of issuance. If, within 60 days from the effective date of the newsletter publication permit, the foreign organization in Vietnam does not publish the newsletter, the permit will become invalid.

5. When there is a need to change the permit, the foreign organization in Vietnam shall submit a written request to the Press Department, Ministry of Information and Communications. The request must clearly state the purpose of the change and the content to be changed in the permit. Within 15 working days, the receiving agency will respond in writing whether it approves or disapproves the change.

1. Ninety (90) days before the publishing permit for news bulletins expires, if foreign agencies and organizations in Vietnam wish to continue publishing news bulletins, they shall submit one set of application documents for reissuing the permit to the Press Department. The documents include:

a) A request letter from the foreign agency or organization in Vietnam;

b) A copy of the publishing permit for news bulletins and any amendments or supplements to the permit issued by the foreign agency or organization in Vietnam that have been granted by the Press Department.

2. Within twenty (20) working days from the date of receiving valid documents, the Press Department shall be responsible for reviewing and processing the reissuance of the permit; in case of refusal, the Press Department shall reply in writing and specify the reasons.

Article 5. Requesting/Announcing a Press Conference

1. Foreign agencies and organizations in Vietnam wishing to organize a press conference in Hanoi shall submit an application form according to Model No. 02/BTTTT accompanying this Circular to the Press Department, Ministry of Information and Communications (directly or via postal service); if the press conference is held in other provinces, the application form shall be submitted directly or via postal service to the People's Committee of the province at least two (2) working days prior to the press conference. Two (2) days after receiving the application, if there is no response from the competent authority, the press conference will be considered approved. Foreign representative agencies organizing press conferences in Hanoi shall also send the application form to the Ministry of Foreign Affairs for notification.

2. Foreign delegations visiting Vietnam upon invitation from Party and State leaders or the Ministry of Foreign Affairs who wish to hold a press conference shall have their managing agencies notify the Press Department, Ministry of Information and Communications in writing at least one (1) working day prior to the press conference.

3. Foreign delegations visiting Vietnam upon invitation from ministries, sectors, localities, or other state agencies in Vietnam who wish to hold a press conference shall have their managing agencies submit an application form according to Model No. 02/BTTTT accompanying this Circular to the Press Department, Ministry of Information and Communications (if the press conference is held in Hanoi) or to the People's Committee of the province (if the press conference is held in other provinces) at least two (2) working days prior to the press conference. Two (2) days after receiving the application, if there is no response from the competent authority, the press conference will be considered approved.

Article 6. Publishing Documents, Flyers, Brochures, Maps, Calendars, Pictures

1. Foreign agencies and organizations in Vietnam wishing to publish documents, flyers, brochures, maps, calendars, pictures shall submit an application form according to Model No. 03/BTTTT accompanying this Circular to the Publishing, Printing, and Distribution Department, Ministry of Information and Communications (directly or via postal service). For foreign representative agencies, the application form shall also be sent to the Ministry of Foreign Affairs for notification.

2. The publication process, procedures, documents, and forms for publishing documents, flyers, brochures, maps, calendars, pictures by foreign agencies and organizations in Vietnam shall be carried out in accordance with the laws on publishing activities.

Article 7. Publishing Audio Tapes, Audio Discs, Video Tapes, Video Discs, and Other Information Publications

1. Foreign agencies and organizations in Vietnam wishing to publish audio tapes, audio discs, video tapes, video discs containing content instead of books or illustrating books shall submit an application form according to Model No. 04/BTTTT accompanying this Circular to the Publishing, Printing, and Distribution Department (also sent to the Department of External Information for notification), Ministry of Information and Communications (directly or via postal service) and must comply with the provisions of the laws on publishing activities. For foreign representative agencies, the application form shall also be sent to the Ministry of Foreign Affairs for notification.

2. Foreign agencies and organizations in Vietnam wishing to publish audio tapes, audio discs, video tapes, video discs, and other information publications (except for cases specified in Clause 1 of this Article) shall submit an application form to the Department of External Information (also sent to the Publishing, Printing, and Distribution Department for notification), Ministry of Information and Communications. For foreign representative agencies, the application form shall also be sent to the Ministry of Foreign Affairs for notification.

3. Procedures, formalities, documents, and forms for applying for a publishing permit:

a) For audio tapes, audio discs, video tapes, video discs containing content instead of books or illustrating books shall be carried out in accordance with the provisions of the laws on publishing activities.

b) For information publications not falling under the cases stipulated in Clause 1 of this Article shall be carried out in accordance with the provisions of the laws on publishing activities and related fields.

1. Foreign agencies and organizations in Vietnam wishing to post news articles and statements in central print newspapers shall submit a request form according to Model No. 05/BTTTT issued together with this Circular and the draft news articles and statements intended for posting to the Press Department, Ministry of Information and Communications (either directly or through postal service).

Foreign agencies and organizations in Vietnam wishing to post news articles and statements on central electronic newspapers, radio, and television shall submit a request form according to Model No. 05/BTTTT issued together with this Circular and the draft news articles and statements intended for posting to the Radio, Television, and Electronic Information Department, Ministry of Information and Communications.

For foreign representative offices, the request form shall be sent concurrently to the Ministry of Foreign Affairs for notification.

2. Foreign agencies and organizations in Vietnam wishing to post news articles and statements on local mass media shall submit a request form according to Model No. 05/BTTTT issued together with this Circular and the draft news articles and statements intended for posting to the People's Committee of the province.

3. Within seven working days from the date of receipt of complete files, if the receiving agency does not issue a response, foreign agencies and organizations in Vietnam are permitted to post news articles and statements on Vietnamese mass media.

Article 9. Displaying paintings, photographs, and other forms of information outside the premises of foreign representative offices and organizations

1. Foreign agencies and organizations in Vietnam wishing to display paintings, photographs, and other forms of information outside their premises shall submit a request form according to Model No. 06/BTTTT issued together with this Circular and the content of the information, paintings, and photographs intended for display (either directly or through postal service) to the External Information Department, Ministry of Information and Communications (if located in Hanoi) or send to the People's Committee of the province (if located in other localities). For foreign representative offices, the request form shall be sent concurrently to the Ministry of Foreign Affairs for notification.

2. Within ten working days from the date of receipt of complete files, the receiving agency shall issue a written response approving or disapproving.

3. When there is a need to change an approved display, foreign agencies and organizations shall submit a written request to the External Information Department, Ministry of Information and Communications (if located in Hanoi) or to the People's Committee of the province (if located in other localities). The request shall clearly state: Purpose of the change, contents to be changed, dimensions of the change, location of the change. Within ten working days, the receiving agency shall issue a written response approving or disapproving the change.

Article 10. Effective Date

1. This Circular takes effect from May 5, 2014.

2. Abolish the forms at Decision No. 28/2002/QĐ-BVHTT dated November 21, 2002 promulgating the Regulations on publishing newsletters, materials, leaflets; issuing press releases; posting and broadcasting news on electronic screens of foreign agencies and organizations, legal entities with foreign elements in Vietnam, and the forms at Circular No. 21/2011/TT-BTTTT dated July 13, 2011 amending and supplementing Decision No. 28/2002/QĐ-BVHTT.

Article 11. Implementation Organization

1. Directors of the Departments: Press; Radio, Television, and Electronic Information; Publishing, Printing, and Distribution; External Information; heads of relevant units under the Ministry of Information and Communications and related agencies, organizations, and individuals are responsible for implementing this Circular.

2. Provincial Departments of Information and Communications have the responsibility to advise the People's Committees of the provinces to implement tasks stipulated in this Circular at the local level.

3. The External Information Department has the responsibility to act as the focal point, coordinate with units under the Ministry of Information and Communications to periodically inspect the implementation of this Circular, compile results, and report to the Minister.

4. During the implementation process, if there are difficulties, agencies, organizations, and individuals both within and outside the country shall promptly reflect them to the Ministry of Information and Communications for consideration and resolution./.