Decree No. 09/2017/ND-CP detailing the issuance of statements and provision of information to the press by administrative state agencies

DECREE

Detailed regulations on spokesperson activities and information provision to the press

of administrative state agencies

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

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

Pursuant to the Law on Legislative Documents dated June 22, 2015;

At the proposal of the Minister of Information and Communications;

The Government promulgates this Decree detailing spokesperson activities and information provision to the press of administrative state agencies.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates about spokespersons, spokesperson systems, and information provision to the press of administrative state agencies.

Article 2. Applicability

This Decree applies to:

1. Administrative state agencies include:

a) The Government, ministries, ministerial-level agencies, agencies under the Government, People's Committees of provinces and centrally-administered cities (hereinafter collectively referred to as provincial-level People's Committees);

b) General Departments, Departments, specialized agencies under provincial-level People's Committees, and organizations at the provincial level established by central agencies according to sectoral organization placed in localities;

c) People's Committees of districts, counties, towns, centrally-administered cities within provinces, centrally-administered cities (hereinafter collectively referred to as district-level People's Committees), and People's Committees of communes, wards, towns (hereinafter collectively referred to as commune-level People's Committees).

2. Press agencies, journalists, and organizations and individuals participating in press activities in Vietnam.

Article 3. Persons responsible for public statements and provision of information to the press

1. Individuals responsible for spokesperson activities and information provision to the press of ministries, ministerial-level agencies, agencies under the Government; general departments under ministries, ministerial-level agencies; provincial-level People's Committees, include:

a) Heads of administrative state agencies;

b) Individuals assigned by heads of administrative state agencies to regularly perform spokesperson duties (hereinafter collectively referred to as spokespersons);

c) Individuals with responsibilities under administrative state agencies authorized by heads to perform spokesperson duties (hereinafter collectively referred to as authorized spokespersons) or assigned to cooperate with spokespersons to provide information to the press on specific issues entrusted.

2. Individuals responsible for spokesperson activities and information provision to the press of Departments, specialized agencies under provincial-level People's Committees, and organizations and provincial-level entities established by central agencies according to sectoral organization placed in localities, include:

a) Heads of administrative state agencies;

b) In cases where heads of administrative agencies cannot perform spokesperson duties and information provision to the press, they delegate to deputy heads responsible for the agency to carry out these duties.

3. Individuals responsible for spokesperson activities and information provision to the press of district-level People's Committees and commune-level People's Committees, include:

a) Chairpersons of district-level and commune-level People's Committees;

b) In cases where Chairpersons of People's Committees cannot perform spokesperson duties and information provision to the press, they delegate to their deputies to carry out these duties.

4. The name, position, phone number, and email address of spokespersons must be officially announced in writing to state management agencies on the press and published on the electronic portal, website of the administrative state agency.

5. Spokespersons specified in point b Clause 1 Article 1 if unable to perform spokesperson duties and information provision to the press must report to the head of the administrative state agency to authorize a responsible individual within the agency to carry out spokesperson duties and information provision to the press.

6. Delegation of spokesperson duties specified in points c Clause 1, point b Clause 2, point b Clause 3 Article 1 must be carried out in writing, applicable only to specific incidents and have a definite time limit.

When delegating, the name, position, phone number, and email address of the delegated spokesperson, the delegation document must be published on the electronic portal, website of the administrative state agency or posted at the office (for commune-level People's Committees without a website) within twelve hours from the date of signing the delegation document.

7. Spokespersons and authorized spokespersons specified in points b, c Clause 1, point b Clause 2, point b Clause 3 Article 1 may not further delegate to others.

8. Individuals in administrative state agencies who are not assigned spokesperson duties and information provision to the press can provide information to the press according to the law but may not speak on behalf of the administrative state agency to the press and bear legal responsibility for the content of the provided information.

Article 4. Forms of public statements and provision of information to the press

1. Organizing press conferences.

2. Publishing the content of public statements and provision of information on the official electronic portal, website, or social media page of the administrative state agency.

3. Directly speaking or responding to interviews by journalists and reporters.

4. Sending press releases or responses to the press, journalists, and reporters in writing or via email.

5. Providing information through direct exchanges or at press briefings organized by central or local authorities when requested.

6. Issuing documents requesting the press to publish corrections, apologies, or responses to information published in the press.

Chapter II
PUBLIC STATEMENTS AND PROVISION OF INFORMATION TO THE PRESS

Article 5. Regular public statements and provision of information

1. The Minister, Head of the Government Office shall take the lead and coordinate with ministries, ministerial-level agencies, government agencies, provincial People's Committees under the central government to organize regular provision of information to the press once a month regarding the activities and directive management work of the Government and Prime Minister through press conferences and press releases, and posting on the Government’s electronic portal.

The Government’s electronic portal is responsible for updating information according to current regulations to provide timely and accurate official information to news agencies nationwide.

2. Ministries, ministerial-level agencies, government agencies, provincial People's Committees shall organize regular provision of information to the press about their own activities and the areas and regions within their jurisdiction through the following forms:

a) Monthly provision of regular information to the press and updating information on their official electronic portal or website according to the Government's regulations on providing information and online public services on the electronic portal or website of state agencies;

b) At least once every three months organizing press conferences to provide regular information to the press;

c) In cases where necessary, administrative state agencies shall organize regular provision of information to the press in writing or directly at weekly press briefings organized by the Central Propaganda Department, Ministry of Information and Communications, and the Vietnam Journalists Association;

d) Timely and accurately providing information to the Government’s electronic portal according to current regulations.

3. Departments under provincial People's Committees, provincial organizations under central agencies established vertically in localities, and district People's Committees:

a) Regularly providing information to the press and updating information on their official electronic portal or website according to the Government's regulations on providing information and online public services on the electronic portal or website of state agencies;

b) Appointing spokespersons to provide information at press conferences of ministries, ministerial-level agencies, and provincial People's Committees when required;

c) In cases where necessary, administrative state agencies shall organize regular provision of information to the press in writing;

Departments under provincial People's Committees; provincial organizations under central agencies established vertically in localities, and district People's Committees may provide information directly at press briefings organized by the Propaganda Department, Provincial Department of Information and Communications, and the Provincial Journalists Association.

d) Timely and accurately providing information to the electronic portals or websites of ministries, ministerial-level agencies, and provincial People's Committees according to current regulations.

4. District People's Committees:

a) Timely and accurately providing information to the electronic portal or website of the district People's Committee;

b) In cases where necessary, district People's Committees shall regularly provide information to the press in writing or through the forms specified in Article 4 of this Decree.

Article 6. Public Statements and Provision of Information in Emergency and Unusual Circumstances

1. In case of national incidents related to national defense, national security, social order and safety, community health, except in cases of declaring a state of emergency, the Prime Minister or the Government Spokesperson shall immediately make public statements and provide information to the press after the incident occurs and continuously during the process of handling the incident.

2. For incidents involving multiple ministries, sectors, provinces, cities, ministries, ministerial-level agencies, or provincial People's Committees under the central government assigned to handle the incident by the Government, they must regularly make public statements and provide information to the press during the process of handling the incident.

3. The spokesperson or authorized person has the responsibility to promptly and accurately make public statements and provide information to the press in the following exceptional and unusual situations:

a) When important events or issues with significant societal impact occur, or when there are many inconsistent opinions in public discourse about an issue within the jurisdiction of an administrative state agency, the spokesperson or authorized person must make public statements and provide information to the press to warn in a timely manner and guide public opinion.

In cases where initial information from an administrative state agency is needed immediately, the spokesperson or authorized person must proactively make public statements and provide information to the press within the latest 24 hours from the time the incident occurred.

b) When the press or state agencies managing the press request public statements or information about events or issues of the agency or sector mentioned in the press or those specified in point a, Clause 3 of this Article.

c) When there is evidence that the press has published false information about the area or region under the agency's management, the spokesperson or authorized person requests the press to publish a response or correction according to the law.

Article 7. Rights and responsibilities of the head of administrative state agencies in making statements and providing information to the press

1. The head of an administrative state agency may make statements directly or assign tasks to the spokesperson of the agency or authorize a responsible person within the administrative agency to make statements and provide information to the press in accordance with points b, c Clause 1, point b Clause 2, point b Clause 3 of Article 3 of this Decree.

2. The head of an administrative state agency shall be responsible for the statements and provision of information to the press by the administrative agency, including in cases where they have authorized others to make statements and provide information to the press.

3. The head of an administrative state agency shall organize and direct the preparation of information and speaking protocols of their own agency.

Article 8. Rights and responsibilities of spokespersons and authorized spokespersons

1. Spokespersons and authorized spokespersons may represent the administrative state agency in making statements and providing information to the press.

2. Spokespersons and authorized spokespersons have the right to request units and individuals related to their agency to provide information, collect information for regular and urgent statements and information provision to the press in accordance with Articles 5 and 6 of this Decree; to respond to reflections, suggestions, criticisms, complaints, and denunciations from organizations and citizens transferred by the press or published on the press according to the law.

Units and individuals must fulfill the requirements regarding the content and deadline for providing information when requested by spokespersons or authorized spokespersons for the purpose of making statements and providing information to the press.

3. Spokespersons and authorized spokespersons have the right to refuse to make statements and provide information to the press in cases stipulated in Clause 2 of Article 38 of the Press Law.

4. Spokespersons and authorized spokespersons are responsible for making statements and providing information to the press in accordance with Articles 5 and 6 of this Decree and shall be held accountable under the law and before the head of the administrative state agency for the content of their statements and provided information.

5. In cases where press agencies publish or broadcast inaccurately the content of the information that spokespersons or authorized spokespersons have stated, spokespersons or authorized spokespersons have the right to submit written feedback to the press agency, the main management body of the press, the state management body for the press, or file a lawsuit at the Court.

Article 9. Responsibilities of press agencies, journalists, reporters

1. Press agencies, journalists, and reporters are responsible for publishing, broadcasting, and reflecting truthfully, objectively, and fully the content of statements and information provided by spokespersons or authorized spokespersons, while clearly recording the name of the spokesperson or authorized spokesperson and the name of the administrative state agency of the spokesperson or authorized spokesperson. If a press agency publishes or broadcasts accurately the content of the information provided by the spokesperson or authorized spokesperson, it shall not be held responsible for the content of that information.

2. Press agencies must publish or broadcast the feedback of spokespersons or authorized spokespersons regarding inaccurate published contents. The time of publication or broadcast shall be carried out in accordance with Clause 5 of Article 42 of the Press Law.

Article 10. Handling of violations

Organizations, entities, and individuals related to this Decree who fail to implement, implement incorrectly, or incompletely the provisions of this Decree shall be subject to handling according to the law depending on the nature and degree of violation.

Chapter III
IMPLEMENTING PROVISIONS

Article 11. Effective Date

1. This Decree takes effect from March 30, 2017.

2. This Decree abolishes the regulations of the Protocol on Making Statements and Providing Information to the Press issued together with Decision No. 25/2013/QĐ-TTg dated May 4, 2013 of the Prime Minister.

Article 12. Responsibility for Implementation

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

2. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairmen of provincial People's Committees under central cities, and related organizations and individuals shall be responsible for implementing this Decree.