Circular No. 07/2007/TT-BVHTT guiding the issuance, renewal, and revocation of Journalist Cards

CIRCULAR

Guidelines for Issuing, Renewing, and Revoking Journalist Cards

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Pursuant to the Press Law dated December 28, 1989 and the Law Amending and Supplementing Certain Provisions of the Press Law dated June 12, 1999;

Pursuant to Decree No. 51/2002/NĐ-CP dated April 26, 2002 of the Government detailing the implementation of the Press Law and the Law Amending and Supplementing Certain Provisions of the Press Law;

Pursuant to Decree No. 63/2003/NĐ-CP dated June 11, 2003 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Culture and Information;

The Minister of Culture and Information hereby provides guidelines for issuing, renewing, and revoking Journalist Cards as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

1. Journalist Card

The Journalist Card shall be issued by the Ministry of Culture and Information to individuals who meet the current standards set forth for engaging in journalism.

2. Use of the Journalist Card

2.1. Individuals granted a Journalist Card may only use it when performing journalistic duties; they must not use the Card for illegal activities; nor may they lend the Card to others.

2.2. Individuals granted a Journalist Card shall enjoy rights and fulfill obligations as prescribed by law on press; only those with a Journalist Card issued by the Ministry of Culture and Information shall enjoy such rights when performing journalistic duties.

2.3. The period of validity of the Journalist Card shall be indicated on the Card. Extensions shall be regulated by the Ministry of Culture and Information.

II. SPECIFIC PROVISIONS

1. Eligibility for Issuance of Journalist Card

Individuals eligible for consideration for issuance of a Journalist Card include:

1.1. Chief Editors, Deputy Chief Editors, General Directors, Deputy General Directors, Directors, and Deputy Directors of press and news agencies.

1.2. Heads and Deputy Heads of editorial departments.

1.3. Journalists at various levels and editors at various levels.

1.4. Commentators, cameramen, directors of current affairs programs, and documentary filmmakers working for the Central Television Station, provincial and municipal radio and television stations, and the Central Documentary and Scientific Film Studio.

1.5. Individuals previously granted a Journalist Card but reassigned to other positions while still collaborating with press agencies, provided that their works are recognized by the press agency, shall remain eligible for issuance of a Journalist Card under the following specific circumstances:

a) Reassigned to non-editorial departments such as the Management Board, Advertising Department, etc., within the press agency;

b) Reassigned to teach journalism at universities;

c) Reassigned to state management agencies for press;

d) Reassigned to serve as specialized staff members in local Press Associations.

1.6. Journalism instructors at universities with at least five years of teaching experience.

1.7. Individuals engaged in journalism or editing work at district-level radio stations, which are regular contributors to provincial and municipal radio and television stations, upon recommendation by the provincial or municipal radio and television station.

2. Conditions and Standards for Issuance of Journalist Card

2.1. Individuals eligible for consideration for issuance of a Journalist Card must satisfy the following conditions and standards:

a) Hold a bachelor's degree; in cases where ethnic minority individuals are working in mountainous press agencies or ethnic minority language broadcasting programs, they must hold a high school diploma or higher;

b) Have continuously worked according to staffing regulations or long-term contracts at the press agency applying for the card for at least three years up to the date of application;

c) Fulfill assigned professional and operational tasks of the press agency;

d) Not violate provisions on professional ethics and conduct; not have been disciplined with a warning or higher penalty within twelve months prior to the application date;

e) Be jointly recommended for issuance of a Journalist Card by the press agency, the press agency’s supervisory body, the Provincial Department of Culture and Information (for provincial press agencies), and the local Press Association.

2.2. The following cases are ineligible for issuance of a Journalist Card:

a) Not falling within the categories specified in Clause 1 of Section II;

b) Having been disciplined with a warning or higher penalty within twelve months from the date of the disciplinary decision to the application date;

c) Being involved in unresolved cases without a conclusion from competent state authorities;

d) Having had a Journalist Card revoked by the Ministry of Culture and Information due to violation of laws, with the revocation period not exceeding twelve months from the date of the decision to the application date.

3. Application Documents for Issuance of Journalist Card

3.1. Application documents for issuance of a Journalist Card shall comply with the unified form prescribed by the Ministry of Culture and Information.

3.2. The documents shall include:

a) An application form for issuance of a Journalist Card filled out by the applicant according to the prescribed model, signed off and stamped by the head of the press agency (Form No. 1);

b) For first-time applicants, copies of staffing decisions or long-term contracts certified by the press agency or a state notary office;

c) A list of applicants for issuance of a Journalist Card from the press agency, signed off and stamped by: the head of the press agency, representative of the supervisory body, representative of the local Press Association, and representative of the Provincial Department of Culture and Information (for local press agencies) (Form No. 2);

d) Copies of the Press Operation Permit issued by the Ministry of Culture and Information, certified by a state notary office.

4. Review of Application Documents for Issuance of Journalist Card

4.1. The head of the press agency shall review the application forms, compile a list of applicants for issuance of a Journalist Card for those meeting the criteria within their press agency, and bear responsibility for the entire application package.

4.2. Representatives of the supervisory bodies of the press agency, relevant ministries, sectors, organizations, localities, the Chairman of the Press Association or the Secretary of the Branch Press Association (for branches affiliated with the Vietnam Press Association), and the Director of the Provincial Department of Culture and Information (for local press agencies) shall examine the cases proposed by the head of the press agency and sign off and stamp their approval on the compiled list of applicants for issuance of a Journalist Card.

4.3. The application for issuance of a Journalist Card by press agencies shall be submitted to the Ministry of Culture and Information (Press Department) before April 21 each year.

5. Issuance of Journalist Cards:

Every five (5) years, the Ministry of Culture and Information will review and issue new Journalist Cards to all individuals who meet the conditions; once a year, it will review and issue additional cards on the occasion of Vietnam Revolutionary Press Day on June 21.

Within sixty (60) days from the date of receipt of the application file and the list of valid requests for Journalist Cards, the Ministry of Culture and Information will issue the Journalist Cards.

Press agencies shall organize the presentation of Journalist Cards to those who have been issued the Cards, and simultaneously disseminate the provisions regarding the rights and obligations of journalists as stipulated in Article 15 of the Press Law and the regulations on the use of Journalist Cards, as well as the ethical standards of journalism, to enhance the professional responsibility of those who have been issued Journalist Cards.

6. Replacement of Journalist Cards prior to the expiration date indicated on the Card.

6.1. Individuals who have been issued a Journalist Card and transfer to work at another agency or unit where their position still falls within the category eligible for a Journalist Card according to Clause 1, Section II of this Circular must go through the procedure to request replacement of the Journalist Card with the new agency.

6.2. The application for replacement of a Journalist Card includes:

a) A letter requesting the replacement of the Journalist Card from the press agency or unit where the individual has transferred to work;

b) The decision to accept employment (original or certified copy);

c) The previously issued Journalist Card from the press agency or unit before the transfer.

7. Reissuance of Journalist Cards

Cases eligible for reissuance of Journalist Cards:

Individuals who have been issued a Journalist Card but have lost or damaged it and wish to obtain a new one must submit an application to the Ministry of Culture and Information (Press Department).

The application for reissuance of a Journalist Card must include confirmation from the press agency or unit regarding the loss of the Card; if it is damaged, the old Card must be attached.

8. Return of Journalist Cards

In the following cases, individuals who have been issued a Journalist Card must return the Card:

8.1. Individuals who have been issued a Journalist Card but have transferred to other duties or positions that no longer qualify them for a Journalist Card under Clause 1, Section II of this Circular; individuals who have retired but do not continue to collaborate with press agencies for journalistic activities; individuals whose labor contracts have expired and who have not signed new ones.

The head of the press agency is responsible for notifying and receiving the return of Journalist Cards from the aforementioned cases and submitting them to the Ministry of Culture and Information.

8.2. When a press agency has received a decision from the Ministry of Culture and Information to revoke its operating license, the head of the press agency is responsible for collecting all issued Journalist Cards from individuals currently working at the press agency and returning them to the Ministry of Culture and Information (Press Department) within fifteen (15) days from the effective date of the decision revoking the license;

Central press agencies shall directly submit the returned Cards to the Ministry of Culture and Information (Press Department).

Provincial and centrally-administered city press agencies shall submit the returned Cards to the Department of Culture and Information, which will then forward them to the Ministry of Culture and Information (Press Department).

8.3. Individuals who fall under the obligation to return Journalist Cards as specified in Point 8.1 and Point 8.2, Section II of this Circular, if they are accepted into the staff or enter into long-term contracts with another press agency, may be considered for reissuance of a Journalist Card.

9. Revocation of Journalist Cards

9.1. Individuals who have been issued a Journalist Card will have their Card revoked in the following circumstances:

a) Being indicted by a judicial authority;

b) Being disciplined by a competent authority with a penalty of warning or higher, or being reprimanded twice consecutively within two years;

c) Violating regulations on journalistic activities, information dissemination via the press, or improper use of the Journalist Card causing serious consequences;

d) Being dismissed from their position at the press agency due to disciplinary action.

9.2. The supervising agency and press agency are responsible for reporting to the Ministry of Culture and Information to issue decisions revoking Journalist Cards for the cases specified in Point 8.1 and Point 8.2, Clause 8, Section II of this Circular.

9.3. Within fifteen (15) days from the date of the decision to revoke the Journalist Card, the head of the press agency or the head of the agency or unit of the individual whose Card was revoked must collect the Card and return it to the Ministry of Culture and Information (Press Department);

Central press agencies shall directly submit the returned Cards to the Ministry of Culture and Information (Press Department).

9.4. An individual whose Journalist Card has been revoked may only be considered for reissuance of a Card after one (1) year from the date of the revocation decision for violations specified in Subpoint b, Subpoint c, and Subpoint d, Point 9.1, Clause 9, Section II; after three (3) years from the date of the acquittal decision for violations specified in Subpoint a, Point 9.1, Clause 9, Section II of this Circular.

III. IMPLEMENTATION

1. This Circular replaces previous regulations on the issuance, replacement, and revocation of Journalist Cards and takes effect fifteen (15) days after its publication in the Official Gazette.

2. During implementation, any arising issues should be promptly reported to the Ministry of Culture and Information for consideration and resolution./.