Law on Press No. 103/2016/QH13 stipulates the freedom of press and press activities, applicable to agencies, organizations, and individuals participating in press activities in Vietnam. The Law emphasizes the protection of press freedom, state management over press, and the responsibilities of all parties involved in the process of information dissemination and feedback through the press.
适用范围
Agencies, organizations, and individuals participating in and related to press activities in Vietnam.
要点
- Citizens have the right to create press works, provide information to the press, respond to information on the press, and access press information.
- Journalists must have a journalist card to practice their profession, have the right to exploit and use information in press activities, but also bear responsibility for the content of their press works.
- Press agencies are permitted to link with other press agencies and legal entities, individuals who have registered appropriate business operations, while complying with regulations on information in the press.
- The State creates favorable conditions for press activities and protects the activities of journalists, but shall not abuse press freedom to infringe upon the interests of the State or other organizations and individuals.
- Agencies and organizations with authority must provide information to the press within the scope of their powers and duties and are responsible for the content of the information provided.
🌐 本文件的社会影响
- Creating a favorable environment for free press activities, contributing to enhancing public awareness and developing social culture.
- Helping the public to access diverse information from various sources, strengthening public oversight of state agencies.
- It may impose financial burdens on businesses when they have to comply with state management regulations and penalties for violations.
- Strengthening the responsibility of the press in controlling information, avoiding distortions, and protecting the privacy of individuals.
- There needs to be close cooperation between state management agencies and relevant parties to ensure that press activities proceed effectively.
❓ 常见问题
What standards must journalists meet to obtain a card?
Journalists must be Vietnamese citizens, hold a bachelor's degree or higher (except in special cases), possess a valid journalist card, and not have been disciplined with a reprimand or higher.
Which entities can press agencies link with?
Press agencies are permitted to link with other press agencies, legal entities, and individuals who have registered appropriate business operations in accordance with the law.
What conditions does the State create for press activities?
The State creates favorable conditions for citizens to exercise their freedom of press, protects the activities of journalists, and no one shall abuse press freedom to infringe upon the interests of the State or other organizations and individuals.
In which circumstances can agencies and organizations refuse to provide information to the press?
Agencies and organizations with authority may refuse to provide information to the press if the information falls under the category of state secrets, personal privacy, and other secrets as prescribed by law; or information about cases under investigation that have not yet been tried.
From which sources can journalists disclose information?
Journalists shall not disclose the source of information, except in cases where there is a written request from the Procurator General of the People's Public Prosecutor Office, the President of the People's Court at provincial level and equivalent, necessary for the investigation, prosecution, and trial of very serious and particularly serious crimes.
全文
|
OF THE NATIONAL ASSEMBLY |
SOCIALIST REPUBLIC OF VIET NAM |
|
Law number: 103/2016/QH13 |
Hanoi, April 5, 2016 |
LAW
PRESS
On the basis of the Constitution of the Socialist Republic of Vietnam;
The National Assembly enacts the Press Law.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Law regulates freedom of press, freedom of speech through press for citizens; organization and operation of press; rights and obligations of agencies, organizations, and individuals participating in and related to press activities; state management over press.
Article 2. Applicability
This Law applies to agencies, organizations, and individuals participating in and related to press activities within the Socialist Republic of Vietnam.
Article 3. Explanation of Terms
In this Law, the following terms shall be understood as follows:
1. Pressis a product of information about events and issues in social life expressed in writing, images, sounds, created, published periodically, and distributed, transmitted to the general public through print media, broadcast media, television media, and online media.
2. Press Activitiesis the creative activity of producing press works, press products, information products with journalistic characteristics; providing and responding to information for press; correcting information on press; publishing, printing, distributing print media; transmitting online media and broadcasting, transmitting broadcast media and television media.
3. Print Mediais a form of press using writing, illustrations, photographs, implemented through printing means to distribute to readers, including print newspapers and magazines.
4. Broadcast Mediais a form of press using voice, sound, transmitted through different technical infrastructure applying various technologies.
5. Television Mediais a form of press primarily using images, combined with voice, sound, and writing, transmitted and broadcast through different technical infrastructure applying various technologies.
6. Online Mediais a form of press using writing, images, sound, transmitted on the internet, including online newspapers and online magazines.
7. Press workis the smallest unit constituting a press product, having independent content and complete structure, including news articles expressed in writing, sound, or images.
8. Press Productsis an additional publication of print media; the complete content of online media; news bulletin; radio channel, television channel; specialized page of online media.
9. News Bulletinis a regularly published press product of state news agencies, expressed in writing, voice, sound, and images to convey domestic and international current news or specialized information.
10. Radio program, television programis a collection of news articles on broadcast media and television media on a specific topic within a certain time frame, marked at the beginning and end.
11. Radio Channel, Television Channelis a press product, consisting of stable and continuous radio and television programs broadcast during specified hours and marked.
12. Supplementis an additional page outside the defined number of pages and distributed together with the main issue of print media.
13. Homepageis the first displayed information page of online media, with a domain name specified in the online media operating license.
14. Specialized Page of Online Mediais an information page on a specific topic, consistent with the purpose of online media, with a sub-domain name specified in the online media operating license.
15. Online Magazineis a regularly published press product, posting specialized news articles, transmitted on the internet.
16. Scientific Journalis a regularly published press product to announce research results, information on specialized activities.
17. Information product with press characteristicsis an information product with journalistic characteristics, posted on news bulletins, special editions, comprehensive online information pages of agencies, organizations, enterprises.
18. Bulletinis an information product with journalistic characteristics, published irregularly according to events or topics.
19. Special issueComprehensive Online Information Page
20. is an information product with journalistic characteristics of agencies, organizations, enterprises, providing comprehensive information based on linking to press sources or accurately quoting press sources in accordance with intellectual property laws.Functions, tasks, and powers of press
Article 4. 1. Press in the Socialist Republic of Vietnam is an essential information tool for social life; it is the spokesperson for Party agencies, state agencies, political-social organizations, political-social-professional organizations, social organizations, social-professional organizations; it is a forum for the people.
2. Press has the following tasks and powers:
a) To provide truthful information about the situation in the country and the world in line with the interests of the country and the people;
b) To propagate and disseminate, contribute to building and protecting the Party's guidelines, the State's policies and laws, achievements of the country and the world in accordance with the purpose of the press agency; contribute to political stability, economic and social development,
enhancing people's education, meeting healthy cultural needs of the people, protecting and promoting fine traditions of the nation, building and promoting socialist democracy, strengthening the great unity of the people, building and defending the Socialist Republic of Vietnam; d) To discover and highlight good people, good deeds, new factors, exemplary models; struggle against violations of the law and negative phenomena in society;
c) Reflecting and guiding public opinion; serving as a forum for exercising the right to freedom of speech of the people;
đ) To contribute to maintaining the purity and developing the Vietnamese language and languages of ethnic minorities in Vietnam;
đ) Góp phần giữ gìn sự trong sáng và phát triển tiếng Việt, tiếng của các dân tộc thiểu số Việt Nam;
e) Expanding mutual understanding between countries and nations, participating in the cause of the world's people for peace, national independence, friendship, cooperation, and sustainable development.
Article 5. State policy on the development of press
1. Develop strategies and planning for the development and management of the press system.
2. Focus investment in training and improving professional and operational skills, as well as management activities in the press, scientific research, and the application of modern technology for press agencies.
3. Order press services to serve political tasks, security, defense, foreign information, youth and children, people with hearing and visual impairments, ethnic minority groups in areas with particularly difficult socio-economic conditions, remote mountainous areas, border regions, islands, and other important tasks as decided by the Prime Minister.
4. Support postal transportation costs for press services serving the tasks, subjects, and areas specified in Clause 3 of this Article.
Article 6. Content of state administration over the press
1. Build, direct, and implement strategies, planning, and plans for the development of the press.
2. Issue and implement legal regulatory documents on the press; establish systems and policies for the press.
3. Organize information for the press; manage press information.
4. Train and improve the political, professional, and ethical standards of journalists working in press agencies and press management officials.
5. Organize the management of scientific and technological activities in the field of the press.
6. Issue and revoke various types of licenses in press activities and journalist cards.
7. Manage international cooperation in the press, manage the activities of Vietnamese press agencies related to foreign countries, and the activities of foreign press in Vietnam.
8. Inspect and manage the national press storage system.
9. Direct and implement information reporting, statistics, and commendation and disciplinary work in press activities.
10. Conduct inspections, checks, and handle violations of press laws.
Article 7. State administrative bodies for the press
1. The Government uniformly manages state administration over the press.
2. The Ministry of Information and Communications is responsible before the Government for managing the press.
3. Ministries and ministerial-level agencies within their respective duties and powers shall coordinate with the Ministry of Information and Communications to manage the press.
4. Provincial People's Committees within their respective duties and powers shall be responsible for managing the press at the local level.
Article 8. Vietnam Journalists' Association
1. The Vietnam Journalists' Association is a political and occupational organization established and operating according to the law on associations.
2. The Vietnam Journalists' Association has the following responsibilities and authorities:
a) Protecting the rights and legitimate interests of members;
b) Issuing and implementing regulations on journalistic ethics;
c) Participating in the formulation of strategies, planning, policies, and legal regulatory documents for the press;
d) Participating in the review of press products upon request from competent state agencies;
đ) Training members in journalistic ethics and skills;
e) Cooperating with state management agencies to promote and disseminate laws on the press;
g) Participating in monitoring compliance with laws on the press; conducting international cooperation activities as prescribed by law;
h) Organizing press awards to honor authors and groups of authors with high-quality press works that have positive social impact.
Article 9. Prohibited Acts
a) Distorting the Party's guidelines, policies, and the State's laws;
a) Distorting, defaming, denying the people's government;
b) Fabricating information causing public panic;
2. Publishing or broadcasting information with the following contents:
a) Dividing classes and strata of the people, separating the people from the government, armed forces, political organizations, and political-social organizations;
a) Causing division among different strata of the people, between the people and the people's government, between the people and the armed forces, between the people and political organizations, and social-political organizations;
b) Inciting hatred, discrimination, division, secession among ethnic groups, infringing upon the equality rights of the Vietnamese ethnic community;
c) Causing division between religious followers and non-followers, between followers of different religions, between religious followers and the people's government, between the people and political organizations, and social-political organizations; insulting religious beliefs and practices;
3. Publishing or broadcasting information inciting war against the independence, sovereignty, and territorial integrity of the Socialist Republic of Vietnam.
3. Publishing or broadcasting information inciting war against the independence, sovereignty, and territorial integrity of the Socialist Republic of Vietnam.
5. Information affecting Vietnam's position, reputation, and image negatively; harming foreign relations and international cooperation between the Socialist Republic of Vietnam and other countries and partners.
5. Disclosing classified state secrets, personal privacy, and other confidential information as prescribed by law.
6. Promoting superstitious customs, beliefs, and misinformation; information about mysterious events causing public panic, adversely affecting social order, safety, and public health.
7. Inciting violence; promoting decadent lifestyles; detailing lewd acts and criminal behavior; information inconsistent with Vietnamese traditional customs and morals.
8. False, distorted, slanderous, or defamatory information damaging the reputation of organizations, the dignity, and personal integrity of individuals; accusing someone of a crime without a court judgment.
9. Information affecting the normal physical and mental development of children.
10. Printing, distributing, transmitting, broadcasting press products, press works, or information content in press works that have been suspended from circulation, recalled, confiscated, banned, removed, destroyed, or corrected by the press agency.
11. Obstructing the printing, distribution, transmission, broadcasting of legal press products and information with press characteristics to the public.
12. Threatening, intimidating the lives, defaming the dignity, and personal integrity of journalists and reporters; destroying, seizing equipment and materials, obstructing journalists and reporters from performing their lawful professional duties.
13. Publishing or broadcasting on press-related information products the information stipulated in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 of this Article.
CHAPTER II
FREEDOM OF THE PRESS,
CITIZENS' FREEDOM OF SPEECH IN THE PRESS
Article 10. Citizens' freedom of press
1. Creating press works.
2. Providing information to the press.
3. Responding to information on the press.
4. Access to press information.
5. Linking with press agencies to produce press products.
6. Printing and distributing printed newspapers.
Article 11. Citizens' freedom of speech through the press
1. Expressing opinions on national and world situations.
2. Participating in opinions on building and implementing the Party's policies, State laws.
3. Contributing opinions, criticism, suggestions, complaints, and denunciations in the press regarding organizations of the Party, state agencies, political-social organizations, occupational-political social organizations, social organizations, occupational-social organizations, and other organizations and individuals.
Article 12. Responsibilities of press agencies towards citizens' freedom of press and freedom of speech through the press
1. Publishing, broadcasting citizens' petitions, criticisms, news articles, images, and other press works that align with the mission and purpose and do not contain contents stipulated in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 of Article 9 of this Law; in cases where they do not publish or broadcast, they must respond and clearly state the reasons when requested.
2. Responding in writing or responding in the press to citizens' petitions, complaints, and denunciations sent to them.
Article 13. State responsibilities towards citizens' freedom of press and freedom of speech through the press
1. The State creates favorable conditions for citizens to exercise their freedom of press and freedom of speech through the press and for the press to fully play its role.
2. Press and journalists operate within the framework of the law and are protected by the State. No one shall abuse the freedom of press and freedom of speech through the press to infringe upon the interests of the State, the rights and legitimate interests of organizations and citizens.
3. Press shall not be subject to pre-publication censorship before printing, transmission, and broadcasting.
CHAPTER III
ORGANIZATIONS OF THE PRESS
Section 1
PRESS ADMINISTRATIVE AUTHORITIES
Article 14. Subjects eligible to establish press agencies
1. Party agencies, state agencies, political-social organizations, occupational-political social organizations, social organizations, occupational-social organizations, religious organizations at provincial level or equivalent, operating legally according to Vietnamese law may establish press agencies.
2. Higher education institutions as prescribed by the Higher Education Law; scientific research organizations, scientific research and technological development organizations established in the form of academies or institutes as prescribed by the Science and Technology Law; provincial-level hospitals or equivalent may establish scientific journals.
Article 15. Rights and duties of press administrative authorities
1. Press administrative authorities are agencies and organizations stipulated in Article 14 of this Law who propose to issue press operation licenses, establish, and directly manage press agencies.
2. Press administrative authorities have the following rights and powers:
a) Determining the type of press, mission, purpose, target audience, language expression for each type of press and each type of press product, tasks, and directions of press agency operations;
b) Appointing the head of the press agency after reaching a consensus in writing with the Ministry of Information and Communications;
c) Removing from office or dismissing the head of the press agency and sending a written notice about the removal or dismissal of the head of the press agency to the Ministry of Information and Communications;
d) Inspecting and supervising the activities of the press agency; rewarding and disciplining according to the law.
3. Press administrative authorities have the following duties:
a) Directing the press agency to implement the mission, purpose, tasks, and operational directions correctly; organizing personnel and being responsible for the activities of the press agency;
b) Ensuring initial financial resources and necessary conditions for the activities of the press agency;
c) Resolving complaints and denunciations against the press agency and individuals under their management according to the law.
4. The head of the press administrative authority shall not concurrently hold the position of head of the press agency and shall jointly bear legal responsibility within the scope, tasks, and powers assigned to them for any violations committed by the subordinate press agency.
Section 2
PRESS AGENCIES
Article 16. Press Agencies
Press agencies are the spokespersons for the agencies and organizations specified in Article 14 of this Law, implementing one or several types of press activities, having one or several press products as stipulated by this Law. hoặc một số loại hình báo chí, có một hoặc một số sản phẩm báo chí theo quy định của Luật này.
Article 17. Conditions for Issuing Press Operation Licenses
1. Determine the type of press activity; the mission and purpose consistent with the functions and tasks of the supervising agency; the target audience; program, time, duration, transmission method, broadcasting (for spoken and visual press); domain name, server location, and service provider (for electronic press).
2. Have organizational plans and personnel ensuring the operation of the press agency; have individuals meeting the criteria set forth in Clause 2, Article 23 of this Law to assume the position of head of the press agency.
3. Have a name and presentation format for the press agency; name and presentation format for the press publication; name and symbol for the radio channel, television channel; name and presentation format for the specialized page of electronic press. của báo điện tử.
4. Have headquarters and material and technical conditions; financial plans; technical solutions ensuring information security; for electronic press, must have at least one ".vn" domain name registered in accordance with the press name and using a system of servers located in Vietnam; for spoken and visual press, must have plans and schedules for leasing or using transmission infrastructure.
5. Comply with the national press development and management plan approved by the Prime Minister.
Article 18. Press Activity Permit
1. Agencies and organizations specified in Article 14 of this Law, meeting the conditions stipulated in Article 17 of this Law, and wishing to establish a press agency, shall submit their application directly or through postal services to the Ministry of Information and Communications for a press operation license.
The application procedures and required documents for obtaining a press operation license are prescribed by the Minister of Information and Communications.
2. Within ninety days from the date of receiving complete and valid applications, the Ministry of Information and Communications shall issue a press operation license; in case of refusal, a written notification with reasons must be provided.
3. After being granted a press operation license, the supervising agency of the press shall issue a decision to establish the press agency and announce it on mass media.
4. Three months for print and electronic press, nine months for spoken and visual press, from the date the press operation license becomes effective, if the press agency has not been established or does not produce press products, the license will expire. The Ministry of Information and Communications shall issue a decision to revoke the license.
At least thirty days before the expected cessation of operations, the press agency must notify the Ministry of Information and Communications in writing to revoke the press operation license and announce it on mass media.
6. In cases where the press operation license has been revoked according to Clause 4 and Clause 5 of this Article, if there is a need to reissue the license, the supervising agency of the press shall submit a written request to the Ministry of Information and Communications for reissuance. If there are changes to the content compared to the previously issued license, the supervising agency shall submit an application to the Ministry of Information and Communications for issuance of a new license in accordance with Clause 1 of this Article.
Article 19. Change of the Controlling Authority of Press Agencies
In cases where there is a change in the controlling authority of press agencies, the controlling authority recorded on the license must notify the Ministry of Information and Communications in writing of the cessation of press activities; the agency or organization receiving the press agency shall handle the procedures to apply for a press activity license according to the provisions of Article 18 of this Law.
Article 20. Changes in Content Recorded on the Press Activity License
1. Within no more than five days from the date of changing the main office address, telephone number, fax, email, publication time, internet service provider, press agencies must notify the state management agency for press.
2. When changing the name of the controlling authority of the press agency, the name of the press agency; mission, purpose; name of the press publication, supplement, specialized page of the online newspaper, radio channel, television channel; broadcasting location, main office location linked to the central control center; transmission method, broadcasting; duration of the radio channel, television channel; domain name of the specialized page and online newspaper, the controlling authority must have a file requesting the Ministry of Information and Communications to amend and supplement the license. The file and procedures for requesting amendments and supplements to the press activity license are prescribed by the Minister of Information and Communications. 3. When changing the presentation form, position of the press publication name, supplement; symbol of the radio channel, television channel; publication period, number of pages, framework and other changes not specified in Clause 1 and Clause 2 of this Article, the controlling authority of the press agency must submit a written request to the Ministry of Information and Communications. The change can only be implemented after obtaining approval from the Ministry of Information and Communications.
Article 21. Types of Activities and Revenue Sources of Press Agencies
1. Press agencies operate under the type of revenue-generating public service units.
Scientific journals operate in accordance with the type of the controlling authority.
b) Revenue from selling newspapers, selling viewing rights for press products, advertising, exchange, sale of content rights;
c) Revenue from business and service activities of press agencies and subordinate units of press agencies;
2. The sources of income for press agencies include:
a) Income provided by the supervisory body of the press agency;
d) Legal funding sources from domestic and foreign organizations and individuals.
Article 22. Representative Offices and Regular Correspondents of Press Agencies
1. Conditions for establishing representative offices include:
a) Having a headquarters to establish a representative office;
b) The head of the representative office must hold a journalist card issued by the press agency establishing the representative office and not have been disciplined with a warning or higher level of punishment as stipulated by laws on civil servants, officials, and labor laws within one year prior to the establishment of the representative office.
2. Independent regular correspondents must hold a journalist card issued by the press agency dispatching the correspondent and not have been disciplined with a warning or higher level of punishment as stipulated by laws on civil servants, officials, and labor laws within one year prior to the dispatch of the correspondent.
3. At least fifteen days before commencing operations, press agencies that meet the conditions and have the need to establish a representative office in a province or centrally governed city shall directly send or through the postal system a set of documents to the provincial People's Committee where the press agency will establish the representative office to notify. The documents include:
a) A letter sent to the provincial People's Committee regarding the establishment of a representative office, with the approval of the press agency's controlling authority;
b) A copy of the press activity license certified by the press agency or a copy with the original for verification;
c) Documentation proving compliance with the conditions stipulated in Point a of Clause 1 of this Article;
d) List of personnel for the representative office;
đ) Resume, copy of the journalist card of the head of the representative office, resume of regular correspondents belonging to the representative office certified by the press agency or a copy with the original for verification;
e) Documents specifying the tasks, powers, and responsibilities of the representative office.
4. The provincial People's Committee is responsible for checking the operating conditions of the representative office; if the conditions are not met, the provincial People's Committee will issue a written notice requiring the press agency to cease operations of the representative office and handle it according to the law.
5. Press agencies without a representative office that wish to dispatch independent regular correspondents to operate in provinces or centrally governed cities shall directly send or through the postal system a set of notification documents about the operation of regular correspondents to the provincial People's Committee where the regular correspondent operates. The documents include:
a) Dispatch letters for regular correspondents from the press agency;
c) Resume, copy of the journalist card of the regular correspondent certified by the press agency or a copy with the original for verification.
6. At least five days before any changes in location, head of the representative office, regular correspondent, or suspension, termination of the representative office or regular correspondent's operations, the press agency must notify the provincial People's Committee where the representative office is located or where the regular correspondent operates in writing.
d) List of personnel for the representative office;
7. Operations of representative offices and regular correspondents must align with the mission and purpose of the press agency; comply with the tasks, powers, and responsibilities assigned by the press agency and adhere to relevant laws on press and other related laws.
8. Representative offices and independent regular correspondents must cease operations immediately upon the revocation of the press activity license of the press agency with a representative office or the revocation of the journalist card of an independent regular correspondent according to the decision of the Ministry of Information and Communications.
HEAD OF THE PRESS AGENCY
8. Văn phòng đại diện, phóng viên thường trú ngừng hoạt động ngay sau khi cơ quan báo chí có văn phòng đại diện, phóng viên thường trú bị thu hồi giấy phép hoạt động báo chí hoặc phóng viên thường trú độc lập bị thu hồi thẻ nhà báo theo quyết định của Bộ Thông tin và Truyền thông.
Section 3
NGƯỜI ĐỨNG ĐẦU CƠ QUAN BÁO CHÍ
Article 23. Head of Press Agency
1. The head of a press agency shall be the Chief Editor (for printed newspapers and online newspapers), the General Director or Director (for radio and television news).
2. The criteria for appointing the head of a press agency include:
a) Be a Vietnamese citizen with a permanent residence address in Vietnam;
b) Having a bachelor's degree or higher. This criterion does not apply to the heads of press agencies belonging to religious organizations;
c) Holding a valid journalist card. This criterion does not apply to the heads of press agencies belonging to religious organizations and scientific journals;
d) Possessing good moral qualities; not being under disciplinary action from reprimand or higher according to the laws on civil servants and public officials and labor laws.
Article 24. Duties and Powers of the Head of a Press Agency
1. Shall be responsible before the supervising authority of the press agency and before the law for all activities of the press agency within the scope of their duties and powers.
2. Develop and implement the operational plan of the press agency.
3. Approve the structure and content of publications; broadcasting channels, programs; newspapers, special sections of online newspapers.
4. Direct the implementation in accordance with the objectives and regulations stipulated in the license.
5. Manage personnel, organize training and development for journalists, reporters, staff; manage assets and infrastructure of the press agency.
6. Shall not concurrently hold the position of head or deputy head of another press agency.
Section 4
JOURNALIST
Article 25. Rights and Obligations of Journalists
1. A journalist is a person engaged in journalism who has been issued a journalist card.
2. Journalists have the following rights:
a) Engage in journalism within the territory of the Socialist Republic of Vietnam, engage in journalism abroad in accordance with the law and be protected by law in professional activities;
b) Exploit, provide, and use information in journalistic activities in accordance with the law;
c) Access state agencies and organizations for journalistic work. When working, a journalist only needs to present their journalist card. State agencies and organizations have the responsibility to provide journalists with materials and documents that do not fall within the scope of state secrets, personal privacy, and other secrets as prescribed by law;
d) Engage in journalistic work at open court hearings; be allocated a separate area for work; be able to directly contact those conducting litigation and participants in litigation to gather information and conduct interviews in accordance with the law;
đ) To receive training and further education to improve political and journalistic skills;
e) Refuse to participate in compiling or expressing journalistic works contrary to the provisions of the law.
3. Journalists have the following obligations:
a) To truthfully report on the situation of the country and the world in accordance with the interests of the country and the people; to reflect legitimate opinions and aspirations of the people;
b) Protect the viewpoints, policies, and guidelines of the Party; the policies and laws of the State; discover, promote, and protect positive factors; combat erroneous thoughts and actions;
c) Shall not abuse the status of a journalist to harass or engage in activities violating the law;
d) Must correct and apologize in cases where the information is false, defamatory, or slanderous, damaging the reputation of organizations, or the honor and dignity of individuals;
đ) Be responsible before the law and before the head of the press agency for the content of their journalistic works and for any violations of the law;
e) Adhere to the professional ethics regulations for journalists.
Article 26. Subjects eligible for journalist card issuance
1. General directors, deputy general directors, directors, deputy directors, chief editors, deputy chief editors of press and news agencies.
2. Heads (departments), deputy heads (departments) of press business departments of press and news agencies.
3. Reporters, editors of press and news agencies.
4. Film operators, program directors in radio and television broadcasting (excluding feature films) of units licensed to operate press activities in the fields of radio, television broadcasting, and documentary film production by the State.
5. Reporters, editors, persons responsible for reporter and editor work at county-level radio and television stations and equivalent institutions.
6. Individuals who have been issued a journalist card but have been reassigned to other jobs and continue to produce works used by press agencies, confirmed by the press agency, shall be eligible for a journalist card under the following specific circumstances:
a) Reassigned to work at units not directly engaged in press business operations of press agencies;
b) Reassigned to teach journalism at higher education institutions in accordance with the Higher Education Law;
c) Reassigned to serve as dedicated staff members at levels of journalists' associations, directly involved in state management of press affairs.
Article 27. Conditions and criteria for eligibility for journalist card issuance
1. Individuals working at press agencies as specified in Clauses 1, 2, 3, and 4 of Article 26 of this Law must meet the following conditions and criteria:
a) Be a Vietnamese citizen with a permanent residence address in Vietnam;
b) Hold a bachelor's degree or higher; in cases where they are ethnic minority individuals producing print publications, radio programs, television programs, and specialized sections of online newspapers in ethnic minority languages, they must hold an associate degree or higher;
c) For initial card issuance, they must have continuously worked at the press agency applying for the card for two years or more up to the date of application for the card, except for chief editors of scientific journals and other cases as prescribed by law;
d) Be recommended by the press agency or the workplace for issuance of a journalist card;
2. Individuals specified in Clause 5 of Article 26 of this Law must meet the conditions and criteria stipulated in Points a, b, and d of Clause 1 of this Article and must also meet the following conditions and criteria:
a) Regular contributors to provincial and centrally-administered city radio and television stations;
b) Have produced at least twelve journalistic works broadcast on provincial and centrally-administered city radio and television stations within one year up to the date of application for the card;
c) For initial card issuance, they must have continuously worked at county-level radio and television stations and equivalent institutions for two years or more up to the date of application for the card;
d) Proposed for a journalist card by provincial and centrally-administered city radio and television stations.
3. The following cases are not eligible for consideration to be issued a journalist card:
a) Not falling within the categories specified in Article 26 of this Law;
b) Having violated professional ethics regulations for journalists;
c) Having been disciplined with a reprimand or higher penalty according to laws on civil servants, public officials, and labor laws, and such disciplinary period has not yet expired for twelve months up to the date of application for the card; d) Having been convicted by a court judgment that has taken legal effect and not yet had their criminal record expunged;
d) Being involved in cases without a conclusion from competent state authorities;
e) Having had their journalist card revoked due to violation of legal provisions, and the revocation period has not exceeded twelve months from the date of the decision to the date of application for the card.
e) Bị thu hồi thẻ nhà báo do vi phạm quy định của pháp luật mà thời gian thu hồi thẻ chưa quá 12 tháng kể từ ngày ra quyết định đến thời Điểm xét cấp thẻ.
Article 28. Issuance, Replacement, Revocation of Journalist Card
1. The journalist card shall be issued to individuals who meet the conditions and criteria stipulated in Article 27 of this Law for engaging in journalism activities.
2. The validity period of the journalist card is five years. The usage period of the journalist card is recorded on the card. In special cases, the extension of the usage period of the journalist card shall be decided by the Minister of Information and Communications.
Upon expiration of the validity period of the journalist card, the Ministry of Information and Communications shall review and issue a new journalist card according to the new validity period.
3. Individuals who have been issued a journalist card and transfer to work at another agency or unit but still fall within the category eligible for issuance of a journalist card under Article 26 of this Law must complete the procedures to request replacement of the journalist card with the new agency.
4. In case the journalist card is lost or damaged, individuals who have been issued a journalist card must complete the procedures to request reissuance of the journalist card.
The application for reissuance of the journalist card must include confirmation from the news agency, workplace agency, police station, ward, town, township where the card was lost regarding the loss situation; in case the card is damaged, the old card must be attached.
5. Individuals who have been issued a journalist card must return the journalist card in the following situations:
a) Individuals who have been issued a journalist card but switch to other tasks and are no longer within the category eligible for issuance of a journalist card under Article 26 of this Law; individuals who have been issued a journalist card and have retired; individuals whose labor contracts have expired without renewal of new contracts or continuation of work at news agencies;
b) Individuals who have been issued a journalist card working at news agencies that have had their press operation licenses revoked pursuant to decisions by the Ministry of Information and Communications;
c) Within fifteen days from the date of the decision concerning the contents specified in Points a and b of this Clause, the head of the workplace agency of the individual who has been issued a journalist card is responsible for notifying in writing about the situations specified in Point a of this Clause, retrieving the journalist card, and submitting it to the Ministry of Information and Communications.
If the individual who has been issued a journalist card does not return the card, the news agency is responsible for announcing on its media products, except in cases where the individual required to return the card has lost the card and reported in writing to the Ministry of Information and Communications;
d) Individuals who are required to return the journalist card as specified in Points a and b of this Clause, if they are accepted by a news agency for employment under a one-year or longer contract within six months from the date of returning the journalist card, may be considered for replacement of the journalist card according to the provisions of Clause 3 of this Article.
6. The journalist card of individuals who have been issued a journalist card shall be revoked in the following circumstances:
a) Violation of the professional ethics code for journalists, journalistic activities, information published in the press, or misuse of the journalist card for purposes not intended, causing serious consequences;
b) Being indicted by investigative authorities. In cases where competent authorities suspend investigation or terminate the case against the journalist or from the date the court's judgment or decision takes legal effect declaring the journalist innocent or exempted from criminal liability, the state management agency for journalism shall be responsible for returning the journalist card;
c) Being subject to disciplinary action by competent authorities at a level of warning or higher, or being reprimanded twice consecutively within two years according to laws on civil servants, public officials, and labor laws;
d) Resigning but failing to return the journalist card.
7. The Ministry of Information and Communications is the authority responsible for issuing, replacing, reissuing, and revoking journalist cards.
8. The dossier and procedures for issuing, replacing, reissuing, and revoking journalist cards shall be prescribed by the Minister of Information and Communications.
PART IV
PRESS ACTIVITY
Section 1
IMPLEMENTING ADDITIONAL TYPES AND PRODUCTS OF MEDIA
LINKAGES IN MEDIA ACTIVITIES
Article 29. Implementation of Additional Types of Press
1. If a press agency meets the Conditions stipulated in Article 17 of this Law and wishes to implement additional types of press, the press management agency shall submit the application directly or through the postal system to the Ministry of Information and Communications for issuance of a permit.
The application procedures and documents for obtaining a permit to implement additional types of press shall be carried out in accordance with the provisions of Article 18 of this Law.
2. Three months after the date on which the press operation permit becomes effective for print newspapers and online newspapers, and nine months for radio and television newspapers, if the press agency does not produce any press products, the permit will become invalid. The Ministry of Information and Communications will issue a decision to revoke the permit.
3. At least thirty days before temporarily ceasing the implementation of a type of press, the press agency must report in writing to the Ministry of Information and Communications and announce it on mass media.
In case the temporary cessation exceeds the time limit specified in Clause 2 of this Article, the Ministry of Information and Communications will issue a decision to revoke the permit.
4. At least thirty days before ceasing the implementation of a type of press, the press agency must notify in writing the Ministry of Information and Communications to recover the permit and announce it on mass media.
5. In cases where the permit has been revoked according to the provisions of Clauses 2, 3, and 4 of this Article, if there is a need to reissue the permit, the press management agency shall submit a written request to the Ministry of Information and Communications for reissuance of the permit. In cases where there are changes in content compared to the previously issued permit, the press management agency shall submit the application documents to the Ministry of Information and Communications for issuance of a new permit in accordance with Clause 1 of this Article.
Article 30. Conditions for Publishing Additional Press Publications, Supplements; Producing Additional Radio Channels, Television Channels; Opening Special Sections of Online Newspapers
1. Having objectives and purposes consistent with those of the press agency; target audience; location of servers and service providers (for special sections of online newspapers) consistent with the content of the press operation permit.
2. Having organizational and personnel plans ensuring the operation of press publications, supplements, radio channels, television channels, and special sections of online newspapers.
3. Having names and presentation formats for press publications, supplements; names and symbols for radio channels, television channels; names and home page interfaces for special sections. của báo điện tử.
4. Having material and technical conditions; financial plans; technical solutions ensuring information security; sub-domain names consistent with registered domain names for special sections of online newspapers; plans for leasing or using transmission infrastructure for radio and television channels.
Article 31. Issuance of Permits for Publishing Additional Press Publications, Supplements; Producing Additional Radio Channels, Television Channels; Opening Special Sections of Online Newspapers
1. If a press agency meets the Conditions stipulated in Article 30 of this Law and wishes to publish additional press publications, supplements; produce additional radio channels, television channels; open special sections of online newspapers, the press management agency shall submit the application directly or through the postal system to the Ministry of Information and Communications for issuance of a permit.
The application procedures and documents for obtaining a permit for publishing additional press publications, supplements; producing additional radio channels, television channels; opening special sections of online newspapers shall be prescribed by the Minister of Information and Communications.
2. Within thirty days from the date of receiving complete and valid applications, the Ministry of Information and Communications shall be responsible for issuing permits for publishing additional press publications, supplements; producing additional radio channels, television channels; opening special sections of online newspapers. In case of refusal, the Ministry of Information and Communications must notify in writing and specify the reasons.
3. Two months after the date on which the permit for publishing additional press publications, supplements, and opening special sections of online newspapers becomes effective, and six months after the date on which the permit for producing additional radio channels, television channels becomes effective, if the press agency does not produce any press products, the permit will become invalid. The Ministry of Information and Communications will issue a decision to revoke the permit.
4. At least thirty days before temporarily ceasing the publication of press publications, supplements, production of radio channels, television channels, and special sections of online newspapers, the press agency must notify in writing the Ministry of Information and Communications and announce it on mass media.
In case the temporary cessation exceeds three months for press publications, supplements, and special sections of online newspapers, and six months for the production of radio channels, television channels, the Ministry of Information and Communications will issue a decision to revoke the permit.
5. At least thirty days before ceasing the publication of press publications, supplements, production of radio channels, television channels, and special sections of online newspapers, the press agency must notify in writing the Ministry of Information and Communications to recover the permit and announce it on mass media.
6. In cases where the permit has been revoked according to the provisions of Clauses 3, 4, and 5 of this Article, if there is a need to reissue the permit, the press management agency shall submit a written request to the Ministry of Information and Communications for reissuance of the permit. In cases where there are changes in content compared to the previously issued permit, the press management agency shall submit the application documents to the Ministry of Information and Communications for issuance of a new permit in accordance with Clause 1 of this Article.
Article 32. Publishing news bulletins
State news agencies wishing to publish news bulletins shall submit a written notice to the Ministry of Information and Communications.
Article 33. Editing foreign channels and programs on paid radio and television services
1. The issuance of permits for editing foreign channels and programs on paid radio and television services shall be carried out for each channel and program, in accordance with the national planning for the development and management of the press.
2. Conditions for issuing permits include:
a) Being a press agency with a permit for radio and television operations;
b) Having a written request for a permit to edit from the press agency. In cases where the press agency belongs to a ministry, sector, province, or centrally governed city, it must have a written approval from the supervising press agency;
c) Having personnel meeting the requirements for professional qualifications in journalism, holding valid journalist cards, and having language proficiency appropriate to the foreign channel or program for which the editing permit is requested;
d) Possessing technical capabilities to meet editing requirements, including equipment for slowing down, storage devices, and technical means for receiving and transmitting signals suitable for editing channels and programs; ensuring that editing and translation work is conducted in Vietnam;
đ) Having a budget for editing and translating costs for one year and a document proving legitimate financial sources to ensure the implementation of editing and translation work according to the budget;
e) Holding copyright or a document permitting the use of foreign channels and programs in Vietnam in accordance with the provisions of the law.
3. The procedures and formalities for issuing permits for editing foreign channels and programs on paid radio and television services shall be implemented as follows:
a) Press agencies wishing to edit foreign channels and programs on paid radio and television services shall submit their application directly or through the postal service to the Ministry of Information and Communications for a permit.
The application forms and procedures for requesting permits are stipulated by the Government;
b) Within thirty days from the date of receipt of complete and valid applications, the Ministry of Information and Communications shall issue permits for editing foreign channels and programs on paid radio and television services. If the permit is denied, the Ministry of Information and Communications must notify in writing and specify the reasons.
4. The validity period of permits for editing foreign channels and programs on paid radio and television services is specified in each individual permit.
5. Three months after the effective date of the permit, if the press agency does not carry out the editing of foreign channels and programs, the permit will become invalid. The Ministry of Information and Communications will issue a decision to revoke the permit.
6. At least thirty days before temporarily ceasing the editing of foreign channels and programs on paid radio and television services, the press agency must notify the Ministry of Information and Communications in writing; if the temporary cessation exceeds three months, the Ministry of Information and Communications will issue a decision to revoke the permit.
7. At least thirty days before ceasing the editing of foreign channels and programs on paid radio and television services, the press agency must notify the Ministry of Information and Communications in writing to recover the permit.
8. In cases where the permit has been revoked according to the provisions of Clauses 5, 6, and 7 of this Article, if there is a need to resume editing activities, the press agency shall submit a written request to the Ministry of Information and Communications for reissuance of the permit. If there are changes in content compared to the previously issued permit, the press agency shall submit an application form to the Ministry of Information and Communications for a permit in accordance with Clause 3 of this Article.
Article 34. Publishing Newsletters
1. Newsletters must comply with the following provisions:
a) The maximum size of a newsletter is 19cm x 27cm, with a maximum of 64 pages. Advertising is not allowed within the newsletter;
b) At the top of the first page of the newsletter, the words "NEWSLETTER" must be displayed, followed by the name of the newsletter below or under the word "NEWSLETTER", the name of the issuing agency or organization, and the date of publication of the newsletter below the name of the newsletter;
c) At the bottom of the last page of the newsletter, the number, date, and year of the publishing permit, the printing place, quantity, publication period, and person responsible for publication must be clearly recorded.
2. Conditions for issuing a publishing permit for newsletters include:
a) There must be a person responsible for the publication of the newsletter;
b) An organizational structure suitable for ensuring the publication of the newsletter;
c) Clearly define the name of the newsletter, purpose of publication, content of information, target audience, distribution scope, language of expression, publication period, size, number of pages, quantity, and printing place;
d) Have a main working location and necessary conditions to ensure the publication of the newsletter.
3. The procedures for issuing a publishing permit for newsletters shall be carried out as follows:
a) Central agencies or organizations; foreign representative offices or organizations in Vietnam wishing to publish newsletters submit application files directly or through postal services to the Ministry of Information and Communications.
Provincial or centrally-administered city agencies or organizations wishing to publish newsletters submit application files directly or through postal services to the People's Committee of the province.
The application file and procedures for requesting a publishing permit for newsletters are stipulated by the Minister of Information and Communications;
b) Within thirty days from the date of receiving complete valid files, the Ministry of Information and Communications, the People's Committee of the province shall issue a publishing permit for newsletters; in case of refusal, they must notify in writing and specify the reasons.
4. The validity period of the publishing permit for newsletters is specified in each permit but does not exceed one year from the date of issuance.
When the publication deadline stated on the permit arrives and the agency or organization does not publish the newsletter, the permit becomes invalid; the Ministry of Information and Communications, the People's Committee of the province issues a decision to revoke the permit. If there is a need to publish the newsletter again, the agency or organization must reapply for permission.
5. At least fifteen days before temporarily suspending or ceasing publication of the newsletter, the agency or organization that has been granted a publishing permit for the newsletter must notify in writing the Ministry of Information and Communications, the People's Committee of the province. In case of ceasing publication of the newsletter, the Ministry of Information and Communications, the People's Committee of the province issues a decision to revoke the permit.
6. Agencies or organizations wishing to change any content recorded in the publishing permit for newsletters must submit a written request to the Ministry of Information and Communications, the People's Committee of the province.
Article 35. Publishing Special Editions
1. Conditions for issuing a publishing permit for special editions include:
a) There must be a journalist responsible for the publication of the special edition;
b) An organizational structure suitable for ensuring the publication of the special edition;
c) Clearly define the name of the special edition, purpose of publication, content of information, target audience, distribution scope, language of expression, size, number of pages, quantity, printing place, and publication time;
d) Have a main working location of the agency or organization applying for the permit.
2. Procedures for issuing a publishing permit for special editions shall be carried out as follows:
a) Agencies or organizations wishing to publish special editions submit application files directly or through postal services to the Ministry of Information and Communications for a publishing permit;
The application file and procedures for requesting a publishing permit for special editions are stipulated by the Minister of Information and Communications.
b) Within thirty days from the date of receiving complete valid files, the Ministry of Information and Communications shall issue a publishing permit for special editions; in case of refusal, they must notify in writing and specify the reasons.
3. The validity period of the publishing permit for special editions is specified in each permit but does not exceed one year from the date of issuance.
When the publication deadline stated on the permit arrives and the agency or organization does not publish the special edition, the permit becomes invalid and is revoked. If there is a need to publish the special edition again, the agency or organization must reapply for permission.
4. At least fifteen days before temporarily suspending or ceasing publication of the special edition, the agency or organization must notify in writing the Ministry of Information and Communications. In case of ceasing publication of the special edition, the Ministry of Information and Communications issues a decision to revoke the permit.
5. Agencies or organizations wishing to change any content recorded in the publishing permit for special editions must submit a written request to the Ministry of Information and Communications.
Article 36. Comprehensive Electronic Information Websites
1. Comprehensive electronic information websites must quote verbatim and accurately the source of news from the press and clearly record the author's name, the name of the press agency, and the time when the information was published.
2. The content of information on comprehensive electronic information websites shall not violate the provisions of Clause 13, Article 9 of this Law and other relevant legal regulations.
3. Agencies and organizations establishing comprehensive electronic information websites must develop an information management process; they are responsible for checking, supervising, and proactively removing information with content as stipulated in Clause 13, Article 9 of this Law or upon request of competent state management agencies.
4. Agencies and organizations establishing comprehensive electronic information websites must immediately remove the content of information that has been compiled when the source of the quoted information removes such content.
5. The establishment of comprehensive electronic information websites by agencies, organizations, and enterprises shall be carried out in accordance with the regulations of the Government.
Article 37. Linkages in Journalism Activities
1. Press agencies are permitted to collaborate in journalistic activities with other press agencies, legal entities, or individuals who have registered business activities consistent with the field of collaboration as prescribed by law.
The head of a press agency is responsible for all linkage activities within the field of journalism as prescribed by law.
2. Press agencies are permitted to link in the following areas:
a) Design, layout, printing, advertising, and distribution of newspapers and information content as specified in Points b, c, d, and đ of this Clause;
b) Exploiting or purchasing copyrights for cartoons, content of publications in the fields of science, technology, sports, entertainment, and economic information from foreign press for publication in Vietnam;
c) Foreign organizations and individuals are allowed to link to exploit or purchase the entire copyright for cartoons, content of legitimate publications in the fields of science, technology, economy, culture, sports, entertainment, and advertising of Vietnam for publication abroad;
d) Producing programs, radio channels, television channels in the fields of science, technology, economy, culture, sports, entertainment, advertising, and social welfare;
đ) Producing printed newspapers, online newspapers in the fields of science, technology, economy, culture, sports, entertainment, advertising, and social welfare.
3. Programs linked on radio channels, television channels serving political tasks, essential information, and propaganda must not exceed thirty percent of the total first broadcast duration of these channels according to the regulations of the Ministry of Information and Communications and general news-political channels.
4. Linking programs for radio entertainment, television game shows, reality television with foreign copyrights, scripts must be localized and consistent with Vietnamese customs and traditions.
5. In cases where broadcasting agencies engage in linking production of entire radio channels or television channels, the number of linked channels must not exceed thirty percent of the total number of licensed production channels.
6. The content of linked programs must comply with Vietnamese legal regulations.
Section 2
INFORMATION IN THE PRESS
Article 38. Provision of Information to the Press
1. Within their authority and responsibilities, agencies, organizations, and persons responsible have the right and obligation to provide information to the press and bear legal responsibility for the content of the provided information. Providing information to the press can be done through written form, comprehensive electronic information websites, press conferences, interviews, and other forms. Press agencies must accurately use the provided content and clearly indicate the source of the information.
2. Agencies, organizations, and individuals with authority have the right to refuse to provide information to the press in the following cases:
a) Information belonging to the State Secrets List, secrets under Party principles and regulations, personal privacy, and other secrets as prescribed by law;
b) Information about cases currently under investigation or not yet adjudicated, except when administrative state agencies or investigative bodies need to provide information to the press for issues beneficial to investigative activities and crime prevention efforts;
c) Information about matters under inspection without inspection conclusions; complaints and denunciations under resolution; disputes and conflicts between state agencies under resolution without formal conclusions that are not permitted to be disclosed according to law;
d) Policy documents and proposals still in draft stage that are not permitted to be disclosed according to law.
3. For cases under investigation, prosecution but not yet adjudicated, negative incidents or violations suspected but without official conclusions from competent state agencies, the press has the right to report based on their own sources and bear legal responsibility for the content of the information.
4. Press agencies and journalists have the right and obligation not to disclose the identity of information providers, except when there is a written request from the Procurator of the People's Procuracy, the President of the People's Court at provincial level or equivalent for serious and extremely serious criminal investigations, prosecutions, and trials.
The Procurator of the People's Procuracy, the President of the People's Court at provincial level or equivalent is responsible for protecting information providers; law enforcement agencies are responsible for coordinating with the Procurator of the People's Procuracy, the President of the People's Court at provincial level or equivalent to protect information providers.
5. Administrative state agencies have the responsibility to appoint spokespersons, conduct statements, and provide information to journalism regularly and in emergencies.
The Government shall specify detailed regulations on statements and provision of information to the press by administrative state agencies.
Article 39. Answering on the press
1. The head of the press agency has the right to request agencies, organizations, and individuals with authority to answer issues raised by citizens on the press. Within thirty days from the date of receiving the request from the head of the press agency, the agency, organization, or individual shall be responsible for answering on the press.
2. Within thirty days from the date of receiving opinions, suggestions, criticisms, complaints of organizations and citizens and denunciations of citizens transferred by the press agency, the head of the agency or organization shall be responsible for informing the press agency about measures taken to resolve them.
If the deadline mentioned above is exceeded without receiving notification from the agency or organization, the press agency has the right to transfer the opinions, suggestions, criticisms, complaints, and denunciations of organizations and citizens to a higher-level agency with the authority to resolve them or raise the issue on the press.
3. Within ten days for daily newspapers, radio, television, and online newspapers, fifteen days for weekly newspapers, and on the nearest issue for printed magazines from the date of receiving the reply document from the competent agency or organization resolving complaints and denunciations or the reply document to suggestions and criticisms provided by the agency, organization, or individual regarding the issue raised or received by the press, the press agency must inform the agency, organization, or citizen who made the opinion, suggestion, criticism, complaint, or denunciation or publish it on its own press.
4. Agencies, organizations, and citizens have the right to request the press agency to answer the issue that the press agency has informed; the press agency shall be responsible for answering within fifteen days from the date of receiving the request from the agency, organization, or citizen.
Article 40. Interviewing on the press
1. The interviewer must notify the interviewee in advance of the purpose, requirements, and questions of the interview; in cases where direct interviews without prior notice are necessary, they must obtain the consent of the person being interviewed.
2. After the interview, based on the information and materials provided by the respondent, the interviewer has the right to express it in appropriate forms. The interviewer must accurately and truthfully reflect the content of the interviewee's response.
The interviewee has the right to request to review the content of the response before publication or broadcast. The press agency and the interviewer must fulfill this request.
3. Journalists may not use statements made at conferences, seminars, meetings, exchanges, or speeches attended by journalists to form an interview article without the speaker's consent.
4. The press agency, the interviewer, and the interviewee must bear responsibility for the content of the information published or broadcast on the press.
Article 41. Press Conference
1. Vietnamese agencies, organizations, and citizens have the right to organize press conferences to announce, declare, explain, and answer contents related to their duties, powers, or interests.
The press conference of foreign representative agencies and organizations in Vietnam shall be implemented according to the provisions of Clause 10, Article 56 of this Law.
2. The spokesperson or the person responsible for providing information of political organizations, the National Assembly, the Government, the President; central and provincial-level political and social organizations; ministries, agencies equivalent to ministries; People's Councils, People's Committees at the provincial level according to their functions and tasks shall be responsible for holding regular and extraordinary press conferences to provide information to the press.
3. Agencies, organizations not specified in Clause 2 of this Article and citizens have the right to organize press conferences to provide information to the press. Agencies, organizations, and citizens organizing press conferences must notify in writing twenty-four hours before the scheduled time of the press conference to the state management agency on press according to the following provisions:
a) Central-level agencies and organizations shall notify the Ministry of Information and Communications;
b) Agencies, organizations not specified in Point a of this Clause and citizens shall notify the People's Committee of the province where the press conference is organized.
4. The notification content includes the following information:
a) Location of the press conference;
b) Time of the press conference;
c) Content of the press conference;
d) Chairperson of the press conference.
5. The state management agency on press shall be responsible for responding to agencies, organizations, and citizens about the press conference within the time limit specified in Clause 3 of this Article; if there is no written response, the organization or citizen may proceed with the press conference.
The content of the press conference must be consistent with the content already approved by the state management agency on press; if there is no written response, it must be consistent with the content already notified to the state management agency on press.
6. The state management agency on press has the right to suspend the press conference if it discovers signs of violation of the law or if the content of the press conference contains information stipulated in Clauses 1, 2, 3, 4, 5, 6, 7, 8, and 9 of Article 9 of this Law.
Article 42. Correction in the Press
1. If a press agency disseminates false information, distorts facts, slanders, or insults the reputation of organizations, the prestige, honor, and personality of individuals, it must publish and broadcast a correction and apology in the press and notify the relevant organizations and individuals.
For online press, in addition to publishing and broadcasting a correction and apology, they must immediately remove the false information that has been published or broadcast but must retain the content on the server for inspection and supervision as stipulated in Point d Clause 1 Article 52 of this Law.
2. When there is a conclusion document from a competent state agency regarding a case where the press has disseminated false information, distorted facts, slandered, or insulted the reputation of organizations, the prestige, honor, and personality of individuals, the press agency must publish and broadcast the content of the conclusion and the correction and apology of the press agency and the author of the press work.
The apology of the press agency and the author of the press work must be published and broadcast immediately following the corrected content.
3. The publication and broadcasting of corrections and apologies by the press agency and the author of the press work must be carried out according to the following provisions:
a) Published on page two for printed newspapers, the last page for printed magazines, and a dedicated section on the homepage for online newspapers, using the same font style and size as when the information was originally published or broadcast.
b) Published in the same section, at the same broadcast time, and with the same number of broadcasts for radio and television news as when the information was originally published or broadcast.
4. When publishing and broadcasting corrections and apologies, the press agency must fully include the following contents:
a) Title: "Correction and Apology Information";
b) The name of the press work, the name of the section, the issue number, date, month, and year of the publication or broadcast that requires correction.
c) False, distorted, slanderous, or insulting information about organizations, the prestige, honor, and personality of individuals that was published or broadcast in the press work and the corrected content.
5. The timing for publishing and broadcasting corrections and apologies is specified as follows:
a) Online press must implement corrections and apologies immediately upon receiving the conclusion document or self-discovering the violation; the corrected information and apology must be retained on the website for at least seven days from the date of publication or broadcast.
b) Corrections and apologies on printed newspapers, radio, and television must be implemented within two days for daily newspapers, radio, and television; in the nearest issue for weekly newspapers, magazines, from the date the press agency receives the conclusion document or self-discovers the violation. For magazines published more than once every thirty days, they must immediately respond in writing to the relevant organizations and individuals and publish in the nearest issue.
c) Press agencies and comprehensive online news portals that have published or broadcast information from other press agencies requiring corrections and apologies must also republish the corrections and apologies of the violating press agency.
A press agency that has published or broadcast content in violation, after implementing corrections and apologies, must inform other press agencies and comprehensive online news portals with which it has agreements regarding the use of its articles to carry out the republishing of the corrections and apologies.
Article 43. Information Response
1. When an agency, organization, or individual has grounds to believe that a news agency has disseminated false information, distorted facts, slandered, or defamed their reputation, honor, and dignity, or caused misunderstanding affecting their reputation, honor, and dignity, they have the right to submit a written response to the news agency, the supervising agency of the news agency, the state management agency for the press, or file a lawsuit with the court.
2. The news agency must publish or broadcast the response from the agency, organization, or individual. The time of publication or broadcasting shall be carried out according to the regulations on publishing corrections as stipulated in Clause 5, Article 42 of this Law.
In cases where there is disagreement with the response from the agency, organization, or individual, the news agency still must publish or broadcast such response and has the right to provide further information to clarify its position.
After three times of publishing or broadcasting the response from the agency, organization, or individual and the news agency without mutual agreement between both parties, the news agency has the right to stop publishing or broadcasting; the state management agency has the right to request the news agency to stop publishing or broadcasting the information of related parties.
3. The news agency has the right not to publish or broadcast the response from the agency, organization, or individual if such response violates the law, defames the reputation of the news agency, the honor and dignity of the author of the news work, and at the same time notify in writing and clearly state the reasons for the agency, organization, or individual to know.
4. When publishing or broadcasting the response, the news agency must fully reflect the following contents:
a) Name of the agency, organization, or individual responding to the information;
b) Name of the news work, name of the special section, issue number, date, month, year of publication or broadcast being responded to.
Article 44. Advertising on the Press
The press may publish or broadcast advertisements. The publication or broadcasting of advertisements on the press must comply with the provisions of this Law and the regulations on advertising.
Article 45. Copyrights in the Field of the Press
The news agency must implement the provisions of the law on copyrights and related rights when publishing or broadcasting news works.
Article 46. Information That Must Be Recorded and Displayed on the Press
The news agency must fully record and display the following information:
1. On the first page, cover page one for printed newspapers, homepage, and pages for online newspapers, the following contents must be included:
a) Name of the press product;
b) Name of the news agency, name of the supervising agency of the news agency (recorded below the name of the newspaper); domain name for online newspapers;
c) Serial number of the issued edition for printed newspapers;
d) Date of publication.
2. At the bottom of the last page, back cover for printed newspapers, homepage for online newspapers, the following contents must be included:
a) License number, date of issuance, issuing authority for press operation;
b) Address of the news agency, telephone number, fax, email address. Name and surname of the head of the news agency;
c) Printing place, format, number of pages, publication period, price for printed newspapers.
3. Radio and television broadcasts must display symbols, sound effects.
Article 47. Protection of Content of Radio Programs, Television Programs, and Online Newspaper Content
Radio, television, and online newspapers have the right to use technical measures to protect the content of radio programs, television programs, and online newspaper content.
Section 3
PRINTING, DISTRIBUTION AND BROADCASTING, TRANSMISSION
Article 48. Printing of the Press
Printing establishments licensed to print newspapers and magazines under the regulations of the law on publication shall be responsible for fulfilling contracts signed with media agencies and ensuring the time of media distribution.
Article 49. Distribution of the Press
1. The news agency implements distribution of the press in accordance with the regulations recorded in the press operation permit.
The news agency can organize distribution or entrust organizations or individuals to distribute.
2. The Ministry of Information and Communications is responsible for distributing public interest newspapers through the public postal network as prescribed by the Government and distributing other types of newspapers according to contracts signed with the news agencies.
3. The supervising agency of the news agency, the news agency, organizations, and individuals participating in the distribution of the press, organizations permitted to export and import the press have the responsibility to implement the decision to recall press publications made by competent state authorities; Provincial Department of Information and Communications, provincial-level police agencies have the responsibility to inspect the implementation.
News agencies and organizations distributing recalled publications must bear all costs for the recall.
4. The Ministry of Information and Communications stipulates the maximum postage rate for the service of distributing public interest newspapers through the public postal network.
Article 50. Registration for Providing Foreign Program Channels on Pay Television and Radio Services
1. Foreign television companies providing foreign program channels into Vietnam with content copyright fees must go through authorized agents in Vietnam to register for channel provision and fulfill financial obligations to the Vietnamese State.
2. Foreign television companies must clearly define the scope of authorization for each agent when simultaneously authorizing two or more agents.
3. For foreign program channels without content copyright fees, foreign television companies only need to follow the specified editing and translating procedures, without needing to go through authorized agents in Vietnam.
4. Authorized agents are Vietnamese enterprises authorized by foreign television companies to act as agents for providing foreign program channels on pay television and radio services in Vietnam.
5. Authorized agents are responsible for registering the provision of foreign program channels on pay television and radio services in Vietnam with the Ministry of Information and Communications.
The application dossier and procedures for issuing registration certificates are prescribed by the Government.
Article 51. Provision of Transmission and Broadcasting Services
1. Service providers of transmission and broadcasting must ensure the complete transmission and broadcasting of information content from news agencies.
2. Providers of free-to-air radio and television broadcasting services are responsible for ensuring broadcasting time, duration, range; quality of transmission and broadcasting of radio and television channels serving national and local political tasks, information dissemination, and essential propaganda, and must comply with the following principles:
a) Widespread provision of free-to-air radio and television services across the country, prioritizing ethnic minority regions, areas with particularly difficult socio-economic conditions, remote, mountainous, border, island, and coastal regions;
b) Compliance with state planning for press, radio, and television transmission and broadcasting; development of radio and television services;
c) Compliance with regulations on management of internet resources and radio frequency spectrum under laws on telecommunications and radio frequency spectrum;
d) Content of services complying with regulations on information content management under laws on press;
đ) Compliance with national technical standards for the quality of radio and television equipment and services;
3. Conditions for issuing licenses for providing pay radio and television services include:
a) Being a Vietnamese enterprise. Enterprises with foreign investment must have approval from the Prime Minister regarding the policy;
b) Having a service provision plan consistent with the development planning for radio and television services, transmission and broadcasting planning for radio and television, and other relevant planning within the field of radio and television and electronic information;
c) Holding a telecommunications network establishment permit or having an agreement to lease or use a telecommunications network meeting technical requirements for service transmission to subscribers connected to that network for terrestrial television, cable television, satellite television, mobile television services; confirmation of domain name registration ".vn" or specific internet address for providing services to subscribers for radio and television services on the internet;
d) Having a human resource deployment plan; investment in technical equipment; market forecasting and analysis; business plans and service tariffs, budgeted investment costs and operational costs for at least the first two years; documentation proving registered capital or equivalent value to meet the requirements for service provision according to the budget;
đ) Having a plan to establish a centralized reception and transmission center for all domestic radio and television channels, foreign program channels, excluding those channels serving essential national and local political, information, and propaganda tasks, including technical design of signal processing equipment systems, connection equipment to the transmission network, service management equipment, subscriber management, and content protection;
e) Having a plan to apply modern technology in compliance with state regulations on technical standards to ensure service quality and information security and safety; timely handling of technical issues to ensure service continuity and subscriber rights;
g) Having a proposed list of domestic radio and television channels (excluding those serving essential political, information, and propaganda tasks), foreign program channels, on-demand content, and value-added content to be provided on pay radio and television services along with approvals from content providers;
4. Enterprises wishing to provide pay radio and television services submit application dossiers to the Ministry of Information and Communications for license issuance.
The application dossier and procedures for issuing licenses are prescribed by the Government.
5. The validity period of the pay radio and television service provision license is stipulated in each individual license.
6. Providers of pay radio and television transmission and broadcasting services may apply technical measures to protect the content of radio and television programs to charge fees; pay service provision fees as prescribed by law.
Section 4
NEWS ARCHIVE
Article 52. System for depositing press materials and submitting printed press publications
1. Press agencies must implement the archiving system as follows:
a) For central press and press printed in Hanoi, the press agency must submit five copies to the central state management agency on press not later than 08:00 AM on the day of publication;
b) For press printed in localities, the press agency must submit two copies to the local state management agency on press not later than 08:00 AM on the day of publication, and simultaneously submit five copies to the central state management agency on press through the postal system;
c) Press agencies broadcasting spoken or visual news have the responsibility to retain the entire program transmitted or broadcasted, information about the signal source used to relay central radio and television broadcasts for a period of thirty days from the date of transmission or broadcast; provide transmission and broadcast signals upon request of authorized agencies to serve electronic archiving work;
d) Electronic press agencies must implement a complete retention system for published or broadcasted information content for a period of three months from the date of publication or broadcast to serve the inspection work of the state management agency;
2. When submitting printed press for deposit, the press agency must clearly indicate the printed press submitted for deposit, the number of issues, the date and time of submission for deposit, and the signature of the head of the press agency or the authorized representative;
Printed press that is reprinted must be submitted for deposit as if it were the first print run;
Printed press submitted for deposit through the postal system shall be given priority for expedited delivery to the receiving agency. The time of submission for deposit is based on the postmark of the sending location;
3. Press agencies must submit five copies of printed press publications for retention at the National Library of Vietnam;
4. The Ministry of Information and Communications implements electronic archiving for spoken, visual, and electronic press independently from press agencies according to government regulations; conducts monitoring and publishes data related to press activities;
Article 53. Inspection of deposited press
1. The Ministry of Information and Communications organizes inspections of deposited press. Provincial People's Committees organize inspections of deposited press in their respective localities;
In cases where violations of legal provisions are discovered, the Ministry of Information and Communications and provincial People's Committees shall apply measures for handling according to Article 59 of this Law;
2. The Ministry of Finance stipulates the remuneration system for readers, listeners, and viewers who inspect deposited press;
Section 5
INTERNATIONAL COOPERATION IN PRESS ACTIVITIES
Article 54. Export and import of printed press
1. Legally published printed press in Vietnam is permitted to be exported abroad;
2. The importation of printed press is carried out through press export-import entities licensed by the Ministry of Information and Communications;
3. Import press entities must register the list of imported press with the Ministry of Information and Communications before importing;
4. The head of the import press entity must organize the inspection of the content of imported press before distribution and bear legal responsibility for the content of the imported press;
Article 55. Cooperation activities of Vietnamese press agencies with foreign entities
1. Vietnamese press agencies have the following rights:
a) To distribute, transmit, and broadcast press products abroad; to entrust organizations or individuals to reprint, transmit, and broadcast Vietnamese press products abroad;
b) To hire foreign experts and contributors;
c) To send journalists to engage in press activities abroad;
d) To establish representative offices abroad;
e) To engage in cooperation with foreign entities;
2. Press agencies exercising the rights specified in Clause 1 of this Article must ensure the following requirements:
a) Press products distributed, transmitted, and broadcasted abroad as specified in Point a of Clause 1 of this Article must have the same content as those distributed, transmitted, and broadcasted domestically, and must not contain content prohibited under Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 of Article 9 of this Law;
b) Press agencies establishing representative offices abroad as specified in Point d of Clause 1 of this Article must notify the Ministry of Information and Communications in writing about the establishment of the representative office and the list of personnel of the representative office not later than fifteen days prior to the establishment of the representative office abroad;
c) Press agencies cooperating with foreign entities must comply with relevant legal provisions concerning cooperative activities.
Article 56. Foreign Press Activities of Foreign Media, Diplomatic Missions, and Foreign Organizations in Vietnam
1. All press activities and activities related to press of foreign news agencies, radio, television, print media, and online media (collectively referred to as foreign media); diplomatic missions, consular offices, representative offices of intergovernmental international organizations, and other foreign offices authorized to perform consular functions in Vietnam (collectively referred to as foreign diplomatic missions), and representative offices of non-governmental organizations and other foreign organizations in Vietnam (collectively referred to as foreign organizations) shall only be permitted after obtaining approval from the competent authority prescribed by this Law and must comply with Vietnamese laws.
2. Non-resident foreign journalists wishing to engage in press activities in Vietnam must submit a complete application for approval directly, through postal services, fax, or email to the Ministry of Foreign Affairs, diplomatic missions, consular offices, or other offices authorized to perform consular functions of Vietnam abroad (hereinafter collectively referred to as Vietnamese representative offices abroad).
When engaging in press activities in Vietnam, non-resident foreign journalists must carry their press activity permit issued by the Ministry of Foreign Affairs and their passport; they must operate in accordance with the purpose and program recorded in the permit and under the guidance of the journalist guidance agency.
3. In the case of foreign journalists accompanying foreign delegations, the following provisions apply:
a) For foreign journalists accompanying foreign delegations visiting Vietnam at the invitation of Party and State leaders or the Ministry of Foreign Affairs to report on the visit, the Vietnamese supervising agency is responsible for handling necessary entry and exit procedures and informing the Ministry of Foreign Affairs for coordination. Foreign journalists are permitted to report on the official activities of the foreign delegation.
b) For foreign journalists accompanying foreign delegations invited by other Vietnamese agencies to report on the visit, the Vietnamese supervising agency is responsible for handling procedures with the Ministry of Foreign Affairs as for non-resident journalists and operating under the guidance of the Ministry of Foreign Affairs or another agency approved by the Ministry of Foreign Affairs.
4. Foreign media wishing to establish a permanent office in Vietnam must directly or through postal services submit a complete application for establishing a permanent office to the Ministry of Foreign Affairs or Vietnamese representative offices abroad.
The permanent office may be located in Hanoi or another centrally governed province/city after obtaining written consent from the Ministry of Foreign Affairs and the People's Committee of the province where the permanent office is planned to be established.
The permanent office may appoint resident correspondents in locations different from the office's headquarters after obtaining written consent from the Ministry of Foreign Affairs and the People's Committee of the province where the permanent office proposes to appoint the resident correspondent. The permanent office is responsible for the activities of resident correspondents in their respective locations.
5. Foreign media wishing to appoint resident correspondents must directly or through postal services submit a complete application for approval to the Ministry of Foreign Affairs or Vietnamese representative offices abroad.
Resident correspondents may concurrently serve as resident correspondents for the permanent office of another foreign media organization in Vietnam. Foreign media may appoint their resident correspondents from another country to concurrently serve as resident correspondents in Vietnam.
6. Resident correspondents are issued a foreign journalist card by the Ministry of Foreign Affairs, valid for no more than 12 months, consistent with the duration of the journalist's entry and exit visa.
Resident correspondents must directly or through postal services submit a complete application to the Ministry of Foreign Affairs for issuance, reissuance, or extension of the foreign journalist card.
7. The information and press activities of resident correspondents shall be carried out according to the following provisions:
a) For requests to interview senior Vietnamese leaders, the permanent office must submit a complete application directly, through postal services, or fax to the Ministry of Foreign Affairs for approval;
b) For requests to meet and interview leaders of Vietnamese ministries, sectors, and agencies, the permanent office must directly or through postal services, or fax submit a complete application to the relevant ministries, sectors, and agencies for approval, while also notifying the Ministry of Foreign Affairs;
c) For information and press activities in localities in Vietnam, the permanent office must directly or through postal services, or fax submit a complete application to the provincial People's Committee for approval, while also notifying the Ministry of Foreign Affairs.
8. The permanent office may hire press assistants and collaborators to support its activities and those of resident correspondents.
When hiring press assistants or collaborators, the permanent office must directly or through postal services submit a complete application to the Ministry of Foreign Affairs for approval.
9. The import and export of equipment and facilities of foreign media shall be carried out according to the following provisions:
a) Foreign media are temporarily allowed to import and re-export duty-free necessary equipment for press activities in Vietnam such as cameras, video recorders, audio recorders, and other equipment as prescribed by Vietnamese laws;
b) Foreign media are permitted to import, export, install, and use satellite-based direct transmission and reception equipment; broadcast internationally through the national telecommunications network as prescribed by Vietnamese laws.
10. Press conferences shall be conducted according to the following provisions:
a) When organizing a press conference in Hanoi, foreign diplomatic missions and foreign organizations must submit a written request to the Ministry of Information and Communications at least two working days before the press conference. For foreign diplomatic missions, the request must also be submitted to the Ministry of Foreign Affairs for notification.
b) When there is a need to organize a press conference at other locations in Vietnam, foreign diplomatic missions and foreign organizations must submit a written request to the provincial People's Committee at least two working days before holding the press conference;
c) Press conferences of foreign delegations visiting Vietnam upon invitation by Party and State leaders or the Ministry of Foreign Affairs shall be conducted according to the official program of the delegation. The welcoming agency has the responsibility to notify the Ministry of Information and Communications at least one working day before holding the press conference for coordination purposes;
d) For press conferences of foreign delegations visiting Vietnam upon invitation by ministries, sectors, localities, and other state agencies in Vietnam, the welcoming agency must submit a written request to the Ministry of Information and Communications or the provincial People's Committee at least two working days before holding the press conference;
đ) The procedures for organizing press conferences shall be carried out in accordance with the regulations stipulated by the Minister of Information and Communications;
e) The Ministry of Information and Communications and the provincial People's Committee have the right to not approve or terminate a press conference if they find signs of violation of Vietnamese laws;
g) In cases of urgent press conferences, after receiving a request from foreign diplomatic missions, foreign organizations, the competent authority of Vietnam will consider each specific case;
11. The publication of newsletters and special issues by foreign diplomatic missions and foreign organizations shall be implemented in accordance with Articles 34 and 35 of this Law;
12. The dossier, procedure, and process specified in Clauses 2, 4, 5, 6, 7, and 8 of this Article shall be regulated by the Government;
CHAPTER V
REWARD, INSPECTION AND HANDLING OF VIOLATIONS IN JOURNALISM ACTIVITIES
Article 57. Reward in journalism activities
News agencies, journalists, organizations, and citizens who have achievements and contributions in journalism activities shall be rewarded in accordance with the provisions of the law on competition and reward;
Article 58. Specialized inspection in journalism
Specialized inspection in journalism shall be carried out in accordance with the provisions of the law on inspection;
Article 59. Handling violations in the field of journalism
1. If news agencies and organizations participating in journalism activities violate the provisions of this Law, depending on the nature and degree of violation, they may be warned, fined, and subject to measures such as recalling, confiscating printed materials, audio recordings, video recordings; temporarily suspending publication or revoking the license for journalism activities as stipulated in Clause 2 of this Article;
2. News agencies whose licenses for journalism activities, additional publication licenses for newspapers, supplements, production of additional radio channels, television channels, opening specialized sections of online newspapers, and organizations whose special issue, newsletter publication licenses are revoked, when publishing or broadcasting information containing contents as stipulated in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 of Article 9 of this Law cause very serious or particularly serious impacts;
3. The heads of the managing agencies of news agencies, general directors, deputy general directors, directors, deputy directors, chief editors, deputy chief editors of news agencies, journalists, authors of journalistic works, and other individuals who violate the provisions of this Law shall be disciplined, their journalist cards revoked, administratively punished, or criminally prosecuted depending on the nature and degree of violation;
4. Organizations and individuals who infringe intellectual property rights in the field of journalism shall be handled in accordance with the provisions of the law on intellectual property;
5. In cases where news agencies, journalists, organizations, and individuals participating in journalism activities violate the law causing damage to the legitimate rights and interests of other agencies, organizations, and individuals, in addition to being handled according to the provisions of Clauses 1, 2, 3, and 4 of this Article, they must also publicly apologize and correct the information in the media, and compensate for damages in accordance with the law;
Chapter VI
IMPLEMENTING PROVISIONS
Article 60. Effective Date
1. This Law takes effect from January 1, 2017;
2. The Press Law dated December 28, 1989, which was amended and supplemented by Law No. 12/1999/QH10, shall become invalid from the date this Law takes effect.
Article 61. Detailed Provisions
The Government and competent authorities shall issue detailed provisions for the Articles and Clauses assigned to them in this Law.
This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the thirteenth session, eleventh meeting on April 5, 2016.
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