Decree No. 08/2017/NĐ-CP on electronic archiving for independent online radio, television, and online newspapers without affiliation to news agencies

DECREE

Regulations on electronic archiving for independent online radio, television, and online news media

apart from press agencies

Pursuant to the Law on Government Organization dated June 19, 2015;

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

At the proposal of the Minister of Information and Communications;

The Government promulgates this Decree to regulate electronic archiving for independent online radio, television, and online news media apart from press agencies.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Decree regulates the activities of electronic archiving for online radio, television, and online news media of central state management agencies for press.

Article 2. This Decree applies to central state management agencies for press, online radio, television, and online news media agencies, and organizations and individuals related to electronic archiving activities.

Article 2. Interpretation of Terms

In this Decree, the following terms are understood as follows:

1. Archiving means preserving the original content of radio, television, and online news media works for comparison and inspection.

2. Electronic archiving means using electronic means to perform archiving.

3. Electronic archiving activities mean organizing the reception, preservation, protection, and utilization of radio, television, and online news media works by central state management agencies for press.

Article 3. Authority for electronic archiving of state management agencies for press

The Ministry of Information and Communications is the agency responsible for electronic archiving of online radio, television, and online news media.

Article 4. Responsibilities of the agency implementing electronic archiving

1. Building, operating, and managing the electronic archiving system to preserve, protect, and utilize press works in accordance with the provisions of the law.

2. Evaluating and commenting on the content of press works archived according to the requirements of management work.

3. Inspecting the content of press works archived, identifying and handling violations according to the provisions of the law.

Article 5. Responsibilities of online radio, television, and online news media agencies

1. Implementing the archiving regime as stipulated at points c and d, Clause 1, Article 52 of the Press Law.

2. Providing transmission signals (for online radio, television), data access rights (for online news media) upon request of the agency implementing electronic archiving.

3. Ensuring consistency and accuracy between the content of published and broadcast works and the content provided to the agency implementing electronic archiving.

Chapter II

ELECTRONIC ARCHIVING ACTIVITIES

Article 6. Receiving press works for electronic archiving

1. The head of the agency implementing electronic archiving is responsible for organizing the receipt of online radio, television, and online news media works for electronic archiving.

2. The receipt of online radio, television, and online news media works shall be carried out according to the following procedures:

a) The agency implementing electronic archiving shall issue a notice to online radio, television, and online news media agencies to connect according to Clause 2, Article 5 of this Decree.

In the notice, the connection plan, signal transmission method (for online radio, television), and connection and data retrieval methods for online news media works published on the website to the electronic archiving system of the agency implementing archiving must be specified, along with the time and location for the connection.

b) Within ten working days from the date of receiving the notice regarding the connection plan, online radio, television, and online news media agencies must respond in writing, agreeing to the connection with the agency implementing electronic archiving.

c) After the connection, the agency implementing electronic archiving shall check and ensure that the works have been stored in the system and confirm with the press agency within fifteen working days from the date of receipt of the press works.

d) The agency implementing electronic archiving shall organize the preservation of the original content of press works on the archiving system; organize the classification of content for preservation to serve management work.

Article 7. Period for retaining electronic broadcasting works

1. For radio and television broadcasts, the minimum retention period in original form is six months from the date of first broadcast.

2. For online news, the minimum retention period in original form is twelve months from the date of first publication.

Article 8. Preservation of electronic broadcasting works

1. Works within the electronic archiving system must be preserved safely and retained in their original content form.

2. The entity implementing electronic archiving must regularly check to ensure safety, integrity, accessibility, and use technical measures to facilitate classification and storage without altering the content of the work.

3. The entity implementing electronic archiving shall develop technical quality assurance solutions and information security solutions for the electronic archiving system.

Article 9. Use of electronic broadcasting works

1. Electronic broadcasting works are used to serve state management of press, including: Evaluating and commenting on information content by topic or event, for regular and spot checks according to specialized requirements.

2. The entity implementing electronic archiving may use electronic broadcasting works as a basis for handling cases where the work contains violations.

Article 10. Funding for electronic archiving activities

1. The State budget ensures funding for electronic archiving activities of state management agencies and is allocated in the annual budget estimate of the Ministry of Information and Communications.

2. State budget funding for electronic archiving includes:

a) Purchasing tools, equipment, and means for managing and maintaining the electronic archiving system.

b) Compiling, analyzing, and reporting on the results of evaluating the quality of information content on radio, television, and online news.

c) Other activities serving electronic archiving operations.

Chapter III

IMPLEMENTING PROVISIONS

Article 11. Effective Date

This Decree takes effect from March 30, 2017.

Article 12. Responsibility for Implementation

1. The Minister of Information and Communications is responsible for organizing the implementation and monitoring the enforcement of this Decree.

2. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees, relevant organizations, and individuals are responsible for enforcing this Decree./.