Consolidated Document number 04/VBHN-BTTTT Decree detailing certain provisions and measures for the implementation of the Law on Publishing

DECREE

Detailed regulations on certain provisions and implementation measures of the Law on Publishing

Decree No. 195/2013/ND-CP dated November 21, 2013, of the Government detailing certain provisions and implementation measures of the Law on Publishing took effect from March 1, 2014, amended and supplemented by:

Decree No. 150/2018/ND-CP dated November 7, 2018, of the Government amending some Decrees related to investment conditions and administrative procedures in the field of information and communications, taking effect from December 24, 2018;

Decree No. 104/2022/ND-CP dated December 21, 2022, of the Government amending and supplementing some articles of Decrees related to the submission, presentation of household registration books and temporary residence certificates when performing administrative procedures and providing public services, taking effect from January 1, 2023.

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

Based on the Law on Publishing dated November 20, 2012;

At the proposal of the Minister of Information and Communications,

The Government promulgates this Decree detailing certain provisions and implementation measures of the Law on Publishing^[1].

Chapter I. GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Decree details certain provisions and implementation measures of the Law on Publishing regarding the State management responsibility and the implementation of State policies for publishing activities; organization and operation in the fields of publishing, printing, distribution of publications, and electronic publishing and distribution.

2. This Decree applies to agencies, organizations, individuals within the country, foreign organizations operating in Vietnam, and foreign individuals residing in Vietnam who are related to publishing activities.

Article 2. Tasks and powers of the Ministry of Information and Communications in implementing State management over publishing activities

1. To take the lead and coordinate in drafting and promulgating, according to their authority, or submitting to competent authorities for promulgation, legal normative documents, strategies, plans, policies of the State for publishing activities, copyright and related rights in publishing activities, and measures to prevent and combat illegal printing, counterfeiting, and unauthorized reprinting of publications.

2. To conduct scientific research and apply technology in publishing activities; to train and enhance professional skills in publishing activities.

3. To manage and organize international cooperation in publishing activities.

4. To take the lead and coordinate with relevant agencies to specify or submit to competent authorities for specifying detailed policies at Points b and c Clause 2, Points b and c Clause 4, Point b Clause 5 Article 7 of the Law on Publishing.

5. To issue, renew, reissue, extend, and revoke various types of licenses, certificates, practice certificates, and registration confirmations in publishing activities in accordance with the Law on Publishing and this Decree.

6. To receive, manage, organize reading, inspect, and handle publications that violate the Law on Publishing, this Decree, and other relevant laws.

7. To guide, implement information reporting, statistics, and uniformly issue forms used in publishing activities.

8. To carry out commendation and reward work in publishing activities; to select and award national prizes to high-value publications.

9. To require organizations and individuals to cease publication, printing, and distribution of publications when signs of violation are detected in accordance with the law.

10. To inspect, examine, settle complaints and denunciations, and handle violations of the law in publishing activities within their authority.

Article 3. Responsibilities of Ministries and ministerial-level agencies in managing state administration over publishing activities

1. The Ministry of Public Security shall take the lead and coordinate with the Ministry of Information and Communications to prescribe measures for ensuring security and public order and preventing crimes in publishing activities within their authority or submit them to competent authorities for promulgation and guidance on implementation.

2. The Ministry of Industry and Trade shall take the lead and coordinate with the Ministry of Information and Communications to prescribe measures for market management in publishing activities within their authority or submit them to competent authorities for promulgation and guidance on implementation.

3. The Ministry of Natural Resources and Environment shall take the lead and coordinate with the Ministry of Information and Communications to prescribe detailed regulations on ensuring environmental hygiene conditions as stipulated in Point c Clause 1 and Point e Clause 2 Article 32 of the Publishing Law within their authority or submit them to competent authorities for promulgation.

4. The Ministry of Planning and Investment shall take the lead and coordinate with the Ministry of Information and Communications, the Ministry of Finance, and relevant agencies to prescribe or submit to competent authorities for promulgation detailed policies as stipulated in Point a Clause 2, Point a Clause 3, and Point a Clause 5 Article 7 of the Publishing Law.

5. The Ministry of Finance shall take the lead and coordinate with the Ministry of Information and Communications and relevant agencies to prescribe fees, charges, preferential interest rates on loans, tax policies, other payments to the State budget, and budget allocation according to the law to implement policies as stipulated in Articles 7, 25, 39, and 41 of the Publishing Law within their authority or submit them to competent authorities for promulgation.

6. Ministries and ministerial-level agencies within the scope of their tasks and powers shall be responsible for coordinating with the Ministry of Information and Communications to manage state administration over publishing activities.

Article 4. Tasks and powers of Provincial People's Committees and Municipal People's Committees under the Central Government in implementing state administration over publishing activities

1. To issue planning and development plans for publishing activities at the local level within their authority; to issue and guide the implementation of legal regulations and policies of the State for publishing activities at the local level.

2. To issue, reissue, replace, and revoke various types of licenses and registration certificates according to the Publishing Law and this Decree.

3. To receive, manage, organize reading, inspect, and handle violations of publications according to the Publishing Law, this Decree, and other related laws governing publications issued by themselves.

4. To implement information, reporting, statistics systems, and commendation work in publishing activities according to the law.

5. To inspect, check, resolve complaints and denunciations, and handle violations of the law in publishing activities within their authority.

Article 5. Information and Reporting System in Publishing Activities

1. The management agency of the publisher and organizations and individuals participating in publishing, printing, and distribution activities shall be responsible for periodic or ad hoc reports as prescribed.

2. The provincial People's Committee shall periodically or ad hoc report to the Ministry of Information and Communications on publishing activities and state administration management of publishing activities at the local level.

3. Ministries, ministerial-level agencies, and government agencies within the scope of their functions, tasks, and powers shall cooperate in exchanging and providing information to serve state administration management of publishing activities.

4. The Minister of Information and Communications shall prescribe detailed procedures, formalities, methods of reporting, and reporting forms in publishing activities.

Article 6. Conditions for establishment and content of activities of representative offices in Vietnam of foreign publishers and foreign organizations distributing publications

1. Conditions for establishment:

a) The publisher or organization distributing publications must be legally operating abroad;

b) The proposed appointee to head the representative office must be a resident of Vietnam, have full civil capacity as prescribed by law, hold a bachelor's degree or higher, and not be under criminal investigation or serving a court judgment with legal effect;

c)^[2] (abolished).

2. Content of activities:

The representative office must comply with the provisions of the Law on Publishing, this Decree, other relevant Vietnamese laws on representative offices, and may carry out the following activities:

a) Introducing, displaying, exhibiting, advertising, or other forms of promotion of the publisher’s or the organization distributing publications’ works as prescribed by Vietnamese law;

b) Supporting commercial promotion activities, cooperation, exchange of copyright, publishing, printing, and distribution of publications for the represented publisher or organization distributing publications.

Article 7. Issuance, reissuance, and extension of licenses for establishing representative offices in Vietnam of foreign publishers and foreign organizations distributing publications

1. The issuance of licenses for establishing representative offices shall be carried out according to the following regulations:

a)^[3] The application for issuing a license to establish a representative office must be submitted in Vietnamese (if the application is in a foreign language, it must be accompanied by a certified translation). The application should include: Request form for issuing a license; confirmation document from the competent authority of the country where the headquarters is located that the publisher or organization distributing publications is legally operating; certified copies or originals and presentation of original for verification of university degree or higher, criminal record certificate, and^[4] documents proving permission to reside in Vietnam issued by the competent Vietnamese authority for the head of the representative office;

b)^[5] Within twenty days from the date of receipt of all required documents, the Ministry of Information and Communications shall issue a license to establish a representative office; if the license is not issued, a written response explaining the reasons must be provided.

If the application is submitted via the Internet or postal service but does not conform to the prescribed format or is incomplete, within three working days from the date of receiving the application, the Ministry of Information and Communications (Publishing, Printing, and Distribution Department) must notify and provide detailed guidance to the foreign publisher or foreign organization distributing publications through one of the following methods: telephone, email, or fax.

The license for establishing a representative office has a validity period of five years from the date of issuance and can be extended, with each extension not exceeding five years.

2. Reissuance and extension of licenses for establishing representative offices shall be carried out according to the following regulations:

a) Within five days from the date of loss or damage of the license, the foreign publisher or foreign organization distributing publications must submit an application for reissuing the license. The application should be sent to the Ministry of Information and Communications and include the request form for reissuing the license and a copy of the license (if available) or the damaged license;

b) At least thirty days before the expiration of the license, the foreign publisher or foreign organization distributing publications may apply for extending the license to establish a representative office. The application for extending the license should be sent to the Ministry of Information and Communications and include the request form for extending the license and the previously issued license;

c)^[6] Within seven working days from the date of receipt of all required documents, the Ministry of Information and Communications shall reissue or extend the license; if the license is not reissued or extended, a written response explaining the reasons must be provided.

3. The Minister of Information and Communications shall specify the detailed formats for applications for issuing, reissuing, and extending licenses for establishing representative offices, and the format of the license for establishing a representative office as stipulated in Clause 1 and Clause 2 of this Article.

Chapter II. FIELD OF PUBLISHING

Article 8. Conditions for establishment and ensuring operation of publishers

1. In addition to the conditions stipulated in Clauses 1, 2, and 4 of Article 13 of the Publishing Law, a publisher may be established when it meets the following conditions:

a)^[7] The publisher's office has an appropriate area that complies with legal regulations on standards and quotas for office space usage.

b) Having at least VND 5 billion to ensure publishing activities;

c) Possessing sufficient equipment to organize publishing activities.

2. During its operation, the managing authority of the publisher shall have the responsibility to maintain the conditions specified in Clause 1 of this Article.

3.^[8] (Repealed)

Article 9. Approval of appointment, removal, and dismissal of general managers (directors) and chief editors of publishers

1. The approval of the appointment, removal, and dismissal of leadership positions of publishers, namely general managers (directors) and chief editors, shall be carried out as follows:

a)^[9] Prior to appointing a general manager (director) or chief editor of a publisher, the managing authority must submit a dossier to the Ministry of Information and Communications. The dossier includes: A request for approval of appointment; a brief resume of the proposed appointee; certified copies or copies and presentation of the original for comparison of university degree certificates or higher of the proposed appointee.

b) Before removing or dismissing a general manager (director) or chief editor of a publisher, the managing authority must submit a request for approval of removal or dismissal to the Ministry of Information and Communications;

c)^[10] Within fifteen days from the date of receipt of the complete dossier from the managing authority of the publisher, the Ministry of Information and Communications shall issue a written approval or disapproval of the appointment, removal, or dismissal of the general manager (director) or chief editor of the publisher.

2. The Ministry of Information and Communications shall propose that the managing authority of the publisher consider the removal or dismissal of the general manager (director) or chief editor of the publisher when there is a serious violation of legal regulations on publishing activities.

Article 10. Registration for publication and confirmation of registration for publication

1. The registration for publication of publishers shall be carried out according to the provisions of Clause 1 of Article 22 of the Publishing Law, without limiting the number of works, materials, publications registered each time, and the publisher shall bear legal responsibility for the content of the registration for publication.

2. The registration dossier for publication includes:

a) The registration form, which includes a summary of the topic, theme, and content of each work, material, and publication registered for reprint, other information as prescribed by the Minister of Information and Communications;

b) An assessment document on the content for works, materials that require assessment.

3. Within seven working days from the date of receipt of the complete registration dossier for publication, the Ministry of Information and Communications must confirm the registration for publication in writing, issue a registration confirmation number for each work, material, or publication registered for reprint, and assign an International Standard Book Number (ISBN); in cases where registration is not confirmed, a written response stating the reasons must be provided.

4. During the process of confirming registration, the Ministry of Information and Communications has the right to request the publisher to assess or explain about the works, materials registered for publication, and publications registered for reprint to confirm registration.

5. The confirmation document for registration for publication serves as the basis for the publisher to make a decision to publish each work, material, and publication registered for reprint. The latest deadline for making a publication decision is December 31 of the year of registration confirmation; if publication does not occur, the publisher must report to the Ministry of Information and Communications before March 31 of the following year and the registration confirmation number and International Standard Book Number (ISBN) issued will no longer be valid.

6. The Minister of Information and Communications shall specify detailed regulations on management, position, size, technical requirements, methods of recording the registration confirmation number, International Standard Book Number (ISBN), and methods of registering for publication through the Internet.

7. The Ministry of Information and Communications shall refuse to confirm registration for publication in the following cases:

a) The content of the registration for publication is inconsistent with the mission, purpose, functions, and tasks of the publisher;

b) Works, materials registered for publication, and publications registered for reprint are subject to disputes over copyright and related rights;

c) Works, materials, and publications previously refused registration confirmation or banned from circulation, confiscated, or destroyed by the Ministry of Information and Communications, or withdrawn and destroyed by the publisher;

d) Works, materials, and publications linked to reprints of partners who have been administratively sanctioned twice or more within twelve months from the first sanction date for violations in publishing activities, or partners who do not meet the conditions for collaboration and do not comply with the requirements of state management authorities regarding publishing activities as prescribed;

đ) Publishers who do not comply with management measures of state management authorities regarding publishing activities as prescribed by law;

e) Other cases decided by the Ministry of Information and Communications.

Article 11. Collaboration in Publishing Activities

In addition to complying with the provisions stipulated in Article 23 of the Law on Publishing, publishers and collaborating partners must meet the following requirements:

1. For publishers:

Directly sign printing contracts with printing establishments that have permits for publishing product printing activities and issue decisions on the distribution of publishing products.

2. For collaborating partners:

a) Provide certified copies of identification cards or passports still valid according to the law in cases where they are individuals as specified in Point a Clause 1 Article 23 of the Law on Publishing, and certified copies of documents proving their legal entity status in cases where they are organizations as specified in Point c Clause 1 Article 23 of the Law on Publishing;

b) Provide documents proving that they have at least three (3) editorial staff members who have been issued certificates of practice in editing when implementing preliminary manuscript editing collaboration forms;

c) Strictly implement the content of the publishing decision made by the general manager (director) of the publisher; they must carry out corrections, suspend distribution, recall, or destroy publishing products upon the decision of the general manager (director) of the publisher.

Article 12. Issuance of Permits for Non-Profit Publishing Materials

1. Non-profit publishing materials are issued permits for publication according to the provisions stipulated in Article 25 of the Law on Publishing, including:

a) Propaganda and promotional materials serving political tasks, major anniversaries, and significant national events;

b) Materials guiding study and implementation of Party policies and state laws;

c) Materials guiding measures to prevent natural disasters, epidemics, and environmental protection;

d) Proceedings of seminars, conferences, and industries of Vietnamese agencies and organizations;

đ) Materials introducing the activities of foreign agencies and organizations legally operating in Vietnam;

e) Historical materials of the party and local governments; materials serving local political tasks after obtaining opinions from Party organizations and superior agencies.

2. The authority to issue permits for non-profit publishing materials is implemented according to the provisions stipulated in Clause 1 Article 25 of the Law on Publishing.

For materials of People's Army units, Public Security units, and state management agencies regarding publishing activities, permits for publication are issued after obtaining opinions from the Ministry of National Defense, the Ministry of Public Security, or agencies authorized by these ministries.

3. The Minister of Information and Communications shall specify detailed regulations on application procedures and documents for requesting permits for non-profit publishing materials as stipulated in Clause 1 of this Article.

Chapter III. PRINTING AND DISTRIBUTION OF PUBLISHING PRODUCTS

Article 13. Conditions and Documents for Issuing Permits for Printing Publishing Products and Situations for Revoking Such Permits

1. A printing establishment is granted a permit for printing publishing products (including prepress, printing, and post-printing processes) when it meets all of the following conditions:

a) As stipulated in Clause 1 Article 32 of the Law on Publishing;

b) The owner is a Vietnamese organization or individual.

2. Documents and materials proving the head of the printing establishment, production premises, and equipment in the application for a permit for printing publishing products as stipulated in Clause 2 Article 32 of the Law on Publishing are specified as follows:

a) For the head of the printing establishment of publishing products: It is a person representing the legal entity recorded in one of the types of business registration certificates, enterprise registration certificates, investment certificates, or establishment decisions by competent authorities; the diploma issued by a specialized printing training institution for the head must be a certified copy of a college degree in printing or higher, or a certificate of training in managing printing publishing product activities issued by the Ministry of Information and Communications;

b)^[11] For documents proving the production premises: Certified copies or copies and presentation of the original for comparison of land use right certificates or contracts or other types of documents proving the transfer of land, leasing of land, leasing of premises, or factories for production;

c) For documents proving the equipment: They must be copies of ownership or lease purchase documents for equipment; if there is no equipment yet, the application for a permit must include a list of planned equipment investments.

Within six months from the date of issuance of the permit for printing publishing products, the printing establishment must complete the purchase or lease purchase of sufficient equipment according to the planned list, and submit copies of purchase or lease purchase documents for the issuing agency.

3. In addition to the provisions in Clause 8 Article 32 of the Law on Publishing, printing establishments of publishing products will have their permits revoked under one of the following circumstances:

a) Not meeting the conditions stipulated in Point b Clause 1 of this Article;

b) After six months from the date of issuance of the permit for printing publishing products, failing to invest in sufficient equipment as stipulated in Point c Clause 2 of this Article.

Article 14. Issuance, Reissuance, and Revocation of Business Operation Permit for Importing Publishing Materials

1. A business entity operating the importation of publishing materials (referred to as an import entity for publishing materials) shall be issued a business operation permit for importing publishing materials by the Ministry of Information and Communications when it meets the following conditions:

a) Complying with the provisions set out in Point a and Point b Clause 3 Article 38 of the Law on Publishing, wherein the degree certificate issued by a specialized training institution for the head of the import entity for publishing materials must be a bachelor's degree or higher in the field of publishing material distribution.

In cases where the head of the business entity operating the importation of publishing materials has graduated from a bachelor's degree or higher in another specialized field, they must have a certificate of supplementary knowledge in publishing material distribution business issued by the Ministry of Information and Communications.

b) For businesses importing books, in addition to the conditions stipulated in Point a of this Clause, there must be at least five (5) employees capable of assessing the content of books, specifically: They must have at least five years of work experience in publishing activities in Vietnam, hold a bachelor's degree or higher in a foreign language specialty or hold a bachelor's degree or higher in another specialty but possess a level of foreign language proficiency suitable for the requirements of assessing the content of imported books, and have a certificate of supplementary knowledge in publishing material distribution business issued by the Ministry of Information and Communications.

2. The application dossier and time limit for issuing a business operation permit for importing publishing materials shall be carried out as follows:

a) The application dossier for requesting issuance of a business operation permit for importing publishing materials prescribed in Clause 4 Article 38 of the Law on Publishing shall be prepared according to the form prescribed by the Minister of Information and Communications;

b)^[12] Within twenty (20) days from the date of receipt of all necessary documents, the Ministry of Information and Communications shall issue a business operation permit for importing publishing materials; in case of not issuing the permit, a written response stating the reasons must be provided.

3. A business operation permit for importing publishing materials shall be reissued in cases of loss or damage. The process of reissuing the permit shall be carried out as follows:

a) The import entity for publishing materials shall submit a request for reissuance of the permit to the Ministry of Information and Communications along with a copy of the previously issued permit (if available);

b)^[13] Within seven (7) working days from the date of receipt of all necessary documents, the Ministry of Information and Communications shall reissue a business operation permit for importing publishing materials; in case of not reissuing the permit, a written response stating the reasons must be provided.

4. During the course of operations, if the import entity for publishing materials fails to maintain the conditions stipulated in Clause 1 of this Article, its business operation permit for importing publishing materials shall be revoked.

Article 15. Refusal to Confirm Registration for Importing Publishing Materials for Business Purposes

The Ministry of Information and Communications shall refuse to confirm registration for importing publishing materials for business purposes for import entities for publishing materials in the following cases:

1. Publishing materials showing signs of violation of laws;

2. Imported publishing materials that have been requested to undergo content assessment but the import entity has not reported the results of such assessment;

3. Failure to comply with management measures for publishing activities as prescribed by law;

4. Other cases decided by the Ministry of Information and Communications.

Article 16. Responsibility for reviewing the content of imported publications of importers of publications

1. Within thirty days from the date of issuance of the business license for importing publications, the importer of publications must establish internal regulations on reviewing the content of imported publications to be submitted to the Ministry of Information and Communications and shall be responsible for implementing such regulations during their operation.

2. The head of the publication importer must organize the review of the content of imported publications before distribution according to the following provisions:

a) Establish a review board consisting of: The chairman of the board being the leadership of the publication importer, members of the board being experts related to the content of the publications to be reviewed, the secretary of the board being the staff responsible for content review. Inviting experts to join the review board is decided by the head of the publication importer;

b) The review process is conducted for each imported publication. The results of the review are recorded in minutes and reported to the Ministry of Information and Communications every three months;

c) During the review process, if violations of Clause 1, Article 10 of the Law on Publishing are found in the content of imported publications, the importer may not distribute the publication and must promptly report to the Ministry of Information and Communications.

3. When requested by the Ministry of Information and Communications to review the content of imported publications, the head of the publication importer must organize the review and report the results in writing.

Imported publications may only be distributed after receiving written comments from the Ministry of Information and Communications.

Chapter IV. PUBLISHING AND DISTRIBUTION OF ELECTRONIC PUBLICATIONS

Article 17. Conditions for publishing and distributing electronic publications

1. Equipment and technology conditions for publishing and distributing electronic publications as stipulated in Point a, Clause 1 and Point a, Clause 2 of Article 45 of the Law on Publishing are as follows:

a)^[14] Having a server located in Vietnam;

b)^[15] (Repealed)

c)^[16] (Repealed)

d) Having a legally registered internet connection for publishing and distributing electronic publications on the Internet;

đ) Having technical solutions to control the publication, distribution, removal, or restoration for distribution of electronic publications;

e)^[17] (Repealed)

g) Having a storage system ensuring technical requirements for storing published and distributed electronic publications; the stored electronic publications must meet requirements for authenticity, integrity, information security, and immediate accessibility from the time they are created;

h) Having a lawful digital certificate in accordance with the law on electronic transactions and must comply with standards and specifications for electronic publications.

2)^[18] Technical human resource standards for managing and overseeing the process of publishing and distributing electronic publications as stipulated in Point a, Clause 1 and Point a, Clause 2 of Article 45 of the Law on Publishing are as follows:

Being trained in information technology.

3. Technical measures as stipulated in Point b, Clause 1 and Point b, Clause 2 of Article 45 of the Law on Publishing are as follows:

a)^[19] (Repealed)

b)^[20] Having technical solutions to prevent unauthorized access through the Internet network;

c) Having procedures for handling information security incidents;

d) Having procedures to determine interventions that change the content of electronic publications;

đ) Having technical solutions in accordance with the regulations of the Minister of Information and Communications on controlling digital copyrights for content providers and distribution channels.

4. Vietnamese domain names as stipulated in Point c, Clause 1 and Point c, Clause 2 of Article 45 of the Law on Publishing must be ".vn" domains.

5)^[21] (Repealed)

Article 18. Examination of Proposals and Registration for Publishing and Distributing Electronic Publications

1. The examination of proposals for publishing and distributing electronic publications shall be carried out as follows:

a) Publishers must submit proposals for electronic publishing activities, and organizations and individuals must submit proposals for distributing electronic publications to the Ministry of Information and Communications;

b) Proposals for publishing and distributing electronic publications must clearly demonstrate compliance with the conditions stipulated in Article 17 of this Decree;

c) Within fifteen days from the date of receipt of the proposal, the Ministry of Information and Communications shall examine and provide written comments on the proposal.

2. The registration for publishing and distributing electronic publications as provided for in Point d Clause 1 and Point d Clause 2 of Article 45 of the Law on Publishing shall be carried out as follows:

a) Within sixty days from the date of receipt of the written approval from the Ministry of Information and Communications, publishers, organizations, and individuals must implement the proposal according to the comments of the Ministry of Information and Communications and submit a registration dossier for publishing and distributing electronic publications to the Ministry of Information and Communications. The dossier includes: Application for registration of publishing and distributing electronic publications; a copy of the written approval from the Ministry of Information and Communications regarding the proposal;

b)^[22] Within fifteen days from the date of receipt of the registration dossier for publishing and distributing electronic publications, the Ministry of Information and Communications shall be responsible for checking the implementation of the proposal and issue a confirmation of registration for publishing and distributing electronic publications; in case of non-confirmation, it must provide a written response stating the reasons.

c) Publishers may only engage in electronic publishing and organizations and individuals may only engage in distributing electronic publications after receiving a confirmation of registration from the Ministry of Information and Communications.

3. The Minister of Information and Communications shall specify the formats for proposals, application forms, and confirmation of registration for publishing and distributing electronic publications as stipulated in Clauses 1 and 2 of this Article.

Article 19. Classification of Electronic Publications and Requirements for Content and Technology

1. Electronic publications include two types:

a) Converted to electronic form from legally published publications in other formats;

b) Created electronically without prior publication in other formats and with a decision to publish by the general director (director) of the publisher or a permit for non-commercial publication materials issued by the state management agency for publishing activities.

2. Requirements for content and technology for electronic publications as provided for in Point a Clause 1 of this Article include:

a) Content that does not violate the provisions of Clause 1 of Article 10 of the Law on Publishing or has not been suspended from distribution, banned from circulation, recalled, or destroyed;

b) Content consistent with the original legally published publication in Vietnam;

c) Having digital format in accordance with the regulations of the Minister of Information and Communications on file formats, audio, and images;

d) Having a valid digital signature of the head of the organization or individual implementing the distribution.

3. Requirements for content and technology for electronic publications as provided for in Point b Clause 1 of this Article include:

a) Content that does not violate the provisions of Clause 1 of Article 10 of the Law on Publishing;

b) Meeting the requirements specified in Point c Clause 2 of this Article and having a valid digital signature of the general director (director) of the publisher or of the head of the agency or organization granted a permit for non-commercial publication materials.

Article 20. Importing electronic publications for business purposes

1. Business establishments with a license to operate import-export activities of publications as stipulated in Article 14 of this Decree shall be permitted to import electronic publications for business purposes.

2. The activity of importing electronic publications for business purposes shall be carried out in accordance with the following provisions:

a) Prior to importing electronic publications into data storage devices, the establishment importing publications must register the import in accordance with Article 39 of the Law on Publishing; in cases of importing through the Internet, a list of imported publications must be established and registered with the Ministry of Information and Communications at least ten days before distribution, accompanied by a copy of the import contract or payment receipt;

b) The establishment importing electronic publications must organize the review of the content of imported electronic publications before distribution in accordance with Article 16 of this Decree.

Article 21. Submitting copies of electronic publications for preservation

1. When submitting copies of electronic publications to state management agencies responsible for publication activities in accordance with Article 48 of the Law on Publishing, publishers, agencies, and organizations granted publishing licenses must submit electronic publications in the form of one (1) recorded copy in a data storage device or submit via the Internet in a digital format as prescribed by the Minister of Information and Communications regarding file formats, audio, images, and accompanied by two (2) copies of the preservation declaration form as prescribed, signed digitally.

2. The Minister of Information and Communications shall specify detailed technical requirements and methods for submitting copies of electronic publications for preservation.

Article 22. Responsibilities of publishers and individuals, organizations participating in the publication and distribution of electronic publications

1. In addition to the provisions of Article 50 of the Law on Publishing, publishers and individuals, organizations participating in the publication, distribution, and import of electronic publications shall have the following responsibilities:

a) Ensuring that the technology and techniques used for publishing and distributing electronic publications comply with the provisions of this Decree and other laws on information technology and telecommunications;

b) Ensuring the integrity of the content and form of electronic publications;

c) Complying with the requirements of competent state management agencies to cease publishing and distributing electronic publications or remove, prevent users from accessing part or all of the content of publications suspected of violating the law;

d) Not publishing or distributing electronic publications with applications of technology and techniques causing insecurity and threats to information security of electronic devices;

đ) Not supplementing information that distorts the content of electronic publications or adding information that users of electronic publications do not request, except for information permitted by law or with the consent of state management agencies responsible for publication activities;

e) Not interfering illegally with the content and form of electronic publications to distort them or commit illegal acts;

g) Reporting and explaining about the publication, distribution, and import of electronic publications and their content upon request of competent authorities;

h) Being liable under the law for the publication, distribution, and import of electronic publications and the content of electronic publications.

2. Users of electronic publications shall not interfere in any way to distort the content of electronic publications.

Article 23. Cases where cessation or termination of electronic publication and distribution activities is required

1. The Ministry of Information and Communications shall require publishers and organizations or individuals to suspend the publication and distribution of electronic publications for rectification or correction of causes in the following cases:

a) Failure to maintain the conditions prescribed in Article 17 of this Decree during the course of operation;

b) Non-compliance with the provisions of Article 22 of this Decree;

c) Non-compliance with management measures imposed by state management agencies regarding publication activities.

2. In case publishers and organizations or individuals distributing electronic publications fail to rectify or correct the situations stipulated in Clause 1 of this Article, they must cease operations pursuant to a decision of the Minister of Information and Communications.

Chapter V. IMPLEMENTING PROVISIONS^[23]

Article 24. Effective Date

1. This Decree takes effect from March 1, 2014.

2. From the date this Decree takes effect, the following legal documents and regulations shall be repealed:

a) 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;

b) Decree No. 11/2009/NĐ-CP dated February 10, 2009 of the Government amending and supplementing 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;

c) Decree No. 110/2010/NĐ-CP dated November 9, 2010 of the Government amending and supplementing certain articles of 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, which has been amended and supplemented by Decree No. 11/2009/NĐ-CP dated February 10, 2009 of the Government;

d) Article 1 of Decree No. 72/2011/NĐ-CP dated August 23, 2011 of the Government amending and supplementing certain articles of 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, which has been amended and supplemented by Decree No. 11/2009/NĐ-CP dated February 10, 2009 and Decree No. 105/2007/NĐ-CP dated June 21, 2007 of the Government on printing non-publishing products.

Article 25. Issuance of new licenses in publishing activities and registration of distribution of publications

1. Within 18 months from the date this Decree takes effect, the managing agency of the publisher must complete procedures to apply for issuance of a new license to establish a publisher.

2. Within 12 months from the date this Decree takes effect, printing establishments, importers of publications, representative offices in Vietnam of foreign publishers, and foreign distribution organizations must complete procedures to apply for issuance of new operating licenses.

3. Within 12 months from the date this Decree takes effect, distribution establishments and individuals or organizations engaged in the distribution of electronic publications must complete procedures to register their activities.

4. The issuance of new establishment licenses, operating licenses, and activity registrations must comply with the provisions of the Law on Publishing, this Decree, and related laws.

Certificates or training certificates in printing management knowledge issued to heads of printing establishments before the date this Decree takes effect may be used to apply for issuance of new printing operation licenses.

Article 26. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities, and relevant agencies and organizations are responsible for implementing this Decree./.

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^[1] Decision No. 150/2018/NĐ-CP dated November 7, 2018 of the Government amending some Decrees relating to investment conditions and administrative procedures in the field of information and communications was promulgated based on the following:

"Based on the Government Organization Law dated June 19, 2015;

Pursuant to the Enterprise Law dated November 26, 2014;

Pursuant to the Investment Law dated November 26, 2014 and the Law Amending and Supplementing Article 6 and Appendix 4 on the List of Business Fields Subject to Investment Conditions of the Investment Law dated November 22, 2016;

Pursuant to the Law on Information Technology dated June 29, 2006;

Pursuant to the Law on Telecommunications dated November 23, 2009;

Pursuant to the Law on Postal Services dated June 17, 2010;

Pursuant to the Law on Publishing dated November 20, 2012;

Pursuant to the Law on Press dated April 5, 2016;

At the proposal of the Minister of Information and Communications;

The Government promulgates the Decision amending some Decrees relating to investment conditions and administrative procedures in the field of information and communications.

Decision No. 104/2022/NĐ-CP dated December 21, 2022 of the Government amending and supplementing some articles of various Decrees relating to the submission and presentation of household registration books and temporary residence certificates when performing administrative procedures and providing public services was promulgated based on the following:

"Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Based on the Residence Law dated November 13, 2020;

The Government promulgates this Decree on regulations regarding entry, exit, and residence policies for foreigners at the International Financial Center in Vietnam.

The Government promulgates the Decision amending and supplementing some articles of various Decrees relating to the submission and presentation of household registration books and temporary residence certificates when performing administrative procedures and providing public services.

^[2] This point is abolished according to the provision at point a clause 9 Article 1 of Decision No. 150/2018/NĐ-CP dated November 7, 2018 of the Government amending some Decrees relating to investment conditions and administrative procedures in the field of information and communications, effective from December 24, 2018.

^[3] This point is amended according to the provision at point a clause 1 Article 1 of Decision No. 150/2018/NĐ-CP dated November 7, 2018 of the Government amending some Decrees relating to investment conditions and administrative procedures in the field of information and communications, effective from December 24, 2018.

^[4] The term "household registration book" is abolished according to the provision at clause 1 Article 13 of Decision No. 104/2022/NĐ-CP dated December 21, 2022 of the Government amending and supplementing some articles of various Decrees relating to the submission and presentation of household registration books and temporary residence certificates when performing administrative procedures and providing public services, effective from January 1, 2023.

^[5] This point has been amended pursuant to Article 1, Clause 1, Point b of Decree No. 150/2018/NĐ-CP dated November 7, 2018 of the Government amending certain Decrees related to investment conditions and administrative procedures in the field of information and communications, which took effect on December 24, 2018.

^[6] This point has been amended pursuant to Article 1, Clause 2 of Decree No. 150/2018/NĐ-CP dated November 7, 2018 of the Government amending certain Decrees related to investment conditions and administrative procedures in the field of information and communications, which took effect on December 24, 2018.

^[7] This point has been amended pursuant to Article 1, Clause 3 of Decree No. 150/2018/NĐ-CP dated November 7, 2018 of the Government amending certain Decrees related to investment conditions and administrative procedures in the field of information and communications, which took effect on December 24, 2018.

^[8] This point has been repealed pursuant to Article 1, Clause 9, Point b of Decree No. 150/2018/NĐ-CP dated November 7, 2018 of the Government amending certain Decrees related to investment conditions and administrative procedures in the field of information and communications, which took effect on December 24, 2018.

^[9] This point has been amended pursuant to Article 1, Clause 4, Point a of Decree No. 150/2018/NĐ-CP dated November 7, 2018 of the Government amending certain Decrees related to investment conditions and administrative procedures in the field of information and communications, which took effect on December 24, 2018.

^[10] This point has been amended pursuant to Article 1, Clause 4, Point b of Decree No. 150/2018/NĐ-CP dated November 7, 2018 of the Government amending certain Decrees related to investment conditions and administrative procedures in the field of information and communications, which took effect on December 24, 2018.

[This point has been amended pursuant to Article 1, Clause 5 of Decree No. 150/2018/NĐ-CP dated November 7, 2018 of the Government amending certain Decrees related to investment conditions and administrative procedures in the field of information and communications, which took effect on December 24, 2018.

^[12] This point has been amended pursuant to Article 1, Clause 6, Point a of Decree No. 150/2018/NĐ-CP dated November 7, 2018 of the Government amending certain Decrees related to investment conditions and administrative procedures in the field of information and communications, which took effect on December 24, 2018.

^[13] This point has been amended pursuant to Article 1, Clause 6, Point b of Decree No. 150/2018/NĐ-CP dated November 7, 2018 of the Government amending certain Decrees related to investment conditions and administrative procedures in the field of information and communications, which took effect on December 24, 2018.

^[14] This point has been amended pursuant to Article 1, Clause 7, Point a of Decree No. 150/2018/NĐ-CP dated November 7, 2018 of the Government amending certain Decrees related to investment conditions and administrative procedures in the field of information and communications, which took effect on December 24, 2018.

^[15] This point has been repealed pursuant to Article 1, Clause 9, Point c of Decree No. 150/2018/NĐ-CP dated November 7, 2018 of the Government amending certain Decrees related to investment conditions and administrative procedures in the field of information and communications, which took effect on December 24, 2018.

^[16] This point has been repealed pursuant to Article 1, Clause 9, Point c of Decree No. 150/2018/NĐ-CP dated November 7, 2018 of the Government amending certain Decrees related to investment conditions and administrative procedures in the field of information and communications, which took effect on December 24, 2018.

^[17] This point has been repealed pursuant to Article 1, Clause 9, Point c of Decree No. 150/2018/NĐ-CP dated November 7, 2018 of the Government amending certain Decrees related to investment conditions and administrative procedures in the field of information and communications, which took effect on December 24, 2018.

^[18] This clause has been amended pursuant to Article 1, Clause 7, Point b of Decree No. 150/2018/NĐ-CP dated November 7, 2018 of the Government amending certain Decrees related to investment conditions and administrative procedures in the field of information and communications, which took effect on December 24, 2018.

^[19] This point has been repealed pursuant to Article 1, Clause 9, Point d of Decree No. 150/2018/NĐ-CP dated November 7, 2018 of the Government amending certain Decrees related to investment conditions and administrative procedures in the field of information and communications, which took effect on December 24, 2018.

^[20] This point has been amended pursuant to Article 1, Clause 7, Point c of Decree No. 150/2018/NĐ-CP dated November 7, 2018 of the Government amending certain Decrees related to investment conditions and administrative procedures in the field of information and communications, which took effect on December 24, 2018.

[21This point has been repealed pursuant to Article 1, Clause 9, Point đ of Decree No. 150/2018/NĐ-CP dated November 7, 2018 of the Government amending certain Decrees related to investment conditions and administrative procedures in the field of information and communications, which took effect on December 24, 2018.

^[22] This point has been amended pursuant to Article 1, Clause 8 of Decree No. 150/2018/NĐ-CP dated November 7, 2018 of the Government amending certain Decrees related to investment conditions and administrative procedures in the field of information and communications, which took effect on December 24, 2018.

^[23] Article 5, Article 6 of Decree No. 150/2018/NĐ-CP dated November 7, 2018 of the Government amending certain Decrees related to investment conditions and business procedures in the field of information and communications, effective from December 24, 2018, provide as follows:

"Article 5. Effectiveness of Implementation

This Decree takes effect from December 24, 2018.”

“Article 6. Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under central cities, and relevant organizations and individuals shall be responsible for implementing this Decree./.”

Article 15 of Decree No. 104/2022/NĐ-CP dated December 21, 2022 of the Government amending and supplementing certain articles of Decrees related to the submission and presentation of household registration books and temporary residence certificates on paper when performing administrative procedures and providing public services, effective from January 1, 2023, provides as follows:

“Article 15. Responsibilities for Implementation and Provisions on Enforcement

1. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, and Chairpersons of provincial People's Committees under central cities shall be responsible for implementing this Decree and announcing administrative procedures within their functional management scope as prescribed.

2. This Decree takes effect from January 1, 2023.

3. From the date this Decree takes effect, administrative procedures and public services requiring the submission and presentation of household registration books and temporary residence certificates on paper shall be replaced by the exploitation and utilization of residence information as stipulated in Article 14 of this Decree.”