Decision No. 10/2007/QD-BTP Issuing the Regulation on Spokespersonship and Provision of Information to the Press of the Ministry of Justice

Pursuant to …;

Issuing the Regulation on Spokespersonship and Provision of Information to the Press of the Ministry of Justice

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THE MINISTER OF JUSTICE

Pursuant to the Press Law dated December 28, 1989;

Pursuant to the 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 the Decree No. 62/2003/NĐ-CP dated June 6, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Pursuant to Decision No. 77/2007/QĐ-TTg dated May 28, 2007 of the Prime Minister issuing the Regulation on Spokespersonship and Provision of Information to the Press;

At the proposal of the Director of the Office, the Head of the Popularization and Legal Education Department - Ministry of Justice.

DECISION:

Article 1. This Decision promulgates the Regulation on Spokespersonship and Provision of Information to the Press of the Ministry of Justice.

Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette.

Article 3. The Director of the Office, the Head of the Popularization and Legal Education Department, the Heads of units under the Ministry of Justice, the Directors of Justice Departments of provinces and centrally-administered cities are responsible for implementing this Decision.

REGULATIONS

Spokespersonship and Provision of Information to the Press of the Ministry of Justice

(BIssued together with Decision No. 10/2007/QĐ-BTP dated December 7, 2007 of the Minister of Justice)

Chapter I

GENERAL PROVISIONS

Article 1. Scope of application

This Regulation stipulates the regime of spokespersonship and provision of information to the press of the Ministry of Justice.

Article 2. Spokesperson and Provision of Information to the Press

1. The official spokesperson of the Ministry of Justice (hereinafter referred to as the Spokesperson) is the Director of the Office of the Ministry of Justice, who has the duty to provide spokespersonship and information to the press. The name and position of the Spokesperson shall be published in writing to the press agencies and state management agencies on the press. In case the Director of the Office is absent, the Deputy Director of the Office concurrently serving as the Head of the Secretariat shall perform this task.

2. In cases of necessity, the Minister of Justice may directly provide spokespersonship or delegate to other officials within the Ministry to provide spokespersonship and information to the press regarding specific issues assigned by the Minister.

3. Only those persons authorized to provide spokespersonship as stipulated in Clause 1 and Clause 2 of this Article may represent the Ministry of Justice to provide spokespersonship and information to the press. The information provided by these persons is official information about the activities of the Ministry of Justice.

4. Officials, civil servants, and employees of the Ministry of Justice who are not assigned the task of providing spokespersonship and information to the press shall not represent the Ministry of Justice to provide spokespersonship and information to the press. In case these individuals are interviewed by the press, their responses are personal in nature and they bear responsibility for the content of their interviews.

Chapter II

PUBLIC STATEMENTS AND PROVISION OF INFORMATION TO THE PRESS

Article 3. Regular Spokespersonship and Provision of Information

1. The Spokesperson organizes regular provision of information to the press on the following main contents:

- Activities and directives, operational guidance documents issued by the leadership of the Ministry and units under the Ministry of Justice;

- The situation and results of activities of the Ministry of Justice in fields under its state management;

- Regulatory documents guiding the implementation of tasks under the Ministry's state management;

- Plans and programs of work.

2. The organization of regular provision of information to the press by the Ministry of Justice is carried out through the following forms:

a) Providing information regularly monthly to the press on the Ministry of Justice’s website (http://www.moj.gov.vn) and in the Vietnam Law Newspaper.

b) Organizing a press conference every six months to provide regular information to the press.

c) If necessary, organizing regular provision of information to the press in the form of written documents or direct information at the weekly press briefing chaired by the Ministry of Information and Communications, coordinated with the Central Propaganda Department and the Vietnam Journalists Association.

d) Providing information to the Government’s online portal in accordance with current regulations.

Article 4. Spokespersonship and Provision of Information in Emergency and Unusual Situations

1. The Spokesperson is responsible for promptly and accurately providing spokespersonship and information to the press in the following emergency and unusual situations:

a) When it is deemed necessary to inform the press about events or important issues causing significant impact on society within the scope of the Ministry of Justice's state management, in order to timely guide and warn society; informing about the views and handling methods of the Ministry of Justice towards such events and issues;

In case an incident occurs requiring immediate initial comments from the Ministry of Justice, the Spokesperson must proactively provide spokespersonship and information to the press within the latest two days from the occurrence of the incident;

b) When the press agency or the state management agency on the press requests spokespersonship and information on events or issues under the Ministry of Justice's state management mentioned in the press;

c) Upon receiving opinions, suggestions, criticisms, complaints, or denunciations from organizations or citizens transferred by the press or published on the press, the Spokesperson must notify the press of the results or measures taken to resolve them within the time limit specified in Article 3 of Decree No. 51/2002/NĐ-CP dated April 26, 2002 detailing the implementation of the Press Law and the Law Amending and Supplementing Certain Provisions of the Press Law;

d) When there is evidence that the press has published false information within the field managed by the Ministry of Justice, the Spokesperson is responsible for requesting the press agency to publish a response or correction according to the law.

2. The organization of spokespersonship and provision of information to the press in emergency and unusual situations is carried out through one or more of the following forms:

Information on the Ministry of Justice’s website;

Organizing a press conference;

Providing information in written form or by other means to press agencies.

Article 5. Rights and Responsibilities of the Spokesperson

1. The Spokesperson is authorized to represent and act on behalf of the Ministry of Justice to provide spokespersonship and information to the press.

2. The spokesperson has the right to request units and individuals within the Ministry of Justice, Provincial Departments of Justice, and Civil Execution Offices of centrally governed cities to provide information, compile information for spokesperson activities, and regularly or urgently provide information to the press in accordance with Articles 3 and 4 of this Regulation.

3. For complex and sensitive issues, the spokesperson is responsible for reporting to the Minister of Justice on the content of the spokesperson's statements and provision of information to the press before publication.

4. The spokesperson has the right to refuse to make statements and provide information to the press in the following cases:

a) Matters classified as state secrets under the law; matters that are confidential according to the principles and viewpoints of the Party; matters not within the scope of the spokesperson's authority;

b) Criminal cases currently under investigation or yet to be tried, except when it is necessary to provide information to the press on issues that facilitate investigative activities and crime prevention efforts in an objective and lawful manner;

c) Policy documents and draft projects still in the drafting process and, according to the law, have not been permitted to be disseminated widely in society for public opinion.

5. The spokesperson is responsible to the Minister of Justice and the law for the content of their statements and information provided to the press.

Article 6. Responsibilities of related units and individuals in spokesperson activities and provision of information to the press

1. Units and individuals under the Ministry of Justice, Provincial Departments of Justice, and Civil Execution Offices of centrally governed cities are responsible for providing complete, accurate, and timely information contents serving spokesperson activities and provision of information to the press upon the spokesperson's request.

2. The Information Center and Vietnam Law Newspaper are responsible for publishing the spokesperson's statements to the press on the Ministry of Justice's electronic portal and in the Vietnam Law Newspaper.

3. The International Cooperation Department and related units are responsible for coordinating with the spokesperson in collecting, processing information, and implementing related activities when the spokesperson provides statements and information to foreign media on areas under the Ministry of Justice's administrative jurisdiction.

4. The Office of the Ministry is responsible for maintaining regular communication with press agencies, organizing regular press conferences for the spokesperson to provide information to the press about the justice sector's activities, monitoring, inspecting, compiling implementation situations of this Regulation, and reporting monthly to the Minister of Justice.

Chapter III

IMPLEMENTATION

, Clause 1, Clause 2 Article 7a of this Regulation.Heads of units under the Ministry of Justice, Directors of Provincial Departments of Justice, and Chiefs of Civil Execution Offices of centrally governed cities are responsible for disseminating and implementing this Regulation among their staff, promptly reflecting difficulties and obstacles encountered during its implementation to the Ministry of Justice.

Article 8. The spokesperson collaborates with heads of units under the Ministry of Justice to fulfill spokesperson duties and provide information to the press in accordance with this Regulation.

Article 9Staff members of the Ministry of Justice who violate provisions of this Regulation shall be subject to disciplinary action or criminal liability, depending on the nature and severity of the violation, as stipulated by law./.