Decree No. 11/2009/ND-CP amends and supplements Decree No. 111/2005/ND-CP dated August 26, 2005 of the Government detailing and guiding the implementation of certain provisions of the Law on Publishing.

DECREE

Amending and supplementing Decree No. 111/2005/NĐ-CP dated August 26, 2005 of the Government detailing and guiding the implementation of certain provisions of the Law on Publishing.

Amending and supplementing certain provisions of Decree No. 111/2005/NĐ-CP dated August 26, 2005 of the Government detailing and guiding the implementation of certain provisions of the Law on Publishing.

____________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Publishing dated December 3, 2004, which has been amended and supplemented with certain provisions on June 3, 2008;

Considering the proposal of the Minister of Information and Communications,

DECREE:

Article 1. Amending and supplementing certain provisions of Decree No. 111/2005/NĐ-CP dated August 26, 2005 of the Government detailing and guiding the implementation of certain provisions of the Law on Publishing.

1. Point d Clause 1, point c Clause 2 Article 5 shall be amended and supplemented as follows:

"Article 5. Tasks and powers of the Ministry of Information and Communications in implementing state management over publishing activities

1. The Ministry of Information and Communications assists the Government in uniformly managing state affairs regarding publishing activities throughout the country, with tasks and powers:

d) Issuing and revoking licenses for establishing publishers, setting up representative offices of foreign publishers in Vietnam, setting up representative offices of foreign organizations in Vietnam in the field of distribution of publications, importing publications not for business as stipulated in Articles 16, 24, 40, and 43 of the Law on Publishing;

2. The Publishing Department is the functional agency of the Ministry of Information and Communications with tasks and powers:

c) Being responsible before the Minister of Information and Communications for issuing and revoking licenses for publishing non-business materials; printing licenses for publications; printing processing licenses for publications for foreign countries; business operation licenses for importing publications; importing licenses for publications not for business; exhibition and trade fair licenses for publications as stipulated in Articles 22, 23, 31, 34, 40, and 42 of the Law on Publishing;

2. Point b Clause 2 Article 6 shall be amended and supplemented as follows:

"Article 6. Tasks and powers of the People's Committee at provincial level in implementing state management over publishing activities in their locality

2. The Department of Information and Communications is the specialized agency of the People's Committee at provincial level with tasks and powers:

b) Being responsible before the Chairman of the People's Committee at provincial level for issuing and revoking licenses for publishing non-business materials; exhibition and trade fair licenses for publications for agencies, organizations, individuals within the locality, branches, representative offices, units under central agencies in the locality; printing licenses for publications and printing processing licenses for publications for foreign countries for printing establishments within the locality; importing licenses for publications not for business as stipulated in Articles 22, 31, 34, 40, and 42 of the Law on Publishing;

3. Abolishing Article 10 on registering publication plans. The registration of publication plans by publishers shall be carried out in accordance with Article 18 of the Law on Publishing dated December 3, 2004, which has been amended and supplemented with certain provisions on June 3, 2008.

4. Article 18 is amended and supplemented as follows:

"Article 18. Registration of Importation of Publications for Business Purposes

1. The registration of importation of publications for business purposes shall be carried out in accordance with Article 39 of the Law on Publishing.

2. The list of imported publications confirmed by the Ministry of Information and Communications for registration serves as the basis for import businesses to handle import procedures with customs authorities.

3. The list of imported publications of import businesses confirmed by the Ministry of Information and Communications for registration is valid until December 31 of the year of registration; if the import business fails to implement within this period, it must re-register before importing."

c) Credit organizations, branches of foreign banks failing to comply with the provisions of Clause 3, Article 19 of this Circular;

"Article 20. Documents for Applying for Operating Licenses of Representative Offices of Foreign Organizations in the Field of Publication Distribution

1. The documents for applying for operating licenses of representative offices of foreign organizations in the field of publication distribution as stipulated in Article 43 of the Law on Publishing shall be prepared in two copies, one in Vietnamese and one in English.

2. The operating license of representative offices of foreign organizations in the field of publication distribution shall have a validity period of five years from the date of issuance and may be renewed every time for no more than five years."

2. Results of monitoring and inspecting compensation work

"Article 21. Reissuing Licenses in Publishing Activities

Import businesses of publications, representative offices of publishers, and foreign organizations engaged in publication distribution in Vietnam that were issued operating licenses before January 1, 2009 must apply for reissuing of licenses.

During the waiting period for reissuing licenses, import businesses of publications, representative offices of publishers, and foreign organizations engaged in publication distribution in Vietnam may continue their operations."

7. Replacing the term "Ministry of Culture - Information" with the term "Ministry of Information and Communication" in Articles 4, 11, 15, 17, 19, 23 and replacing the term "Department of Culture - Information" with the term "Department of Information and Communication" in Articles 11, 12, 13, 15, 17, and 19; replacing the term "specialized culture - information" with the term "specialized information and communication" in Article 14 of Decree No. 111/2005/NĐ-CP dated August 26, 2005 of the Government.

Article 2. Supplementing new articles to Decree No. 111/2005/NĐ-CP dated August 26, 2005 of the Government detailing and guiding the implementation of certain provisions of the Law on Publishing.

1. Supplementing Article 11a as follows:

"Article 11a. Information Recorded on Publications

1. Recording information on publications shall comply with the provisions of Article 26 and shall not contravene Article 10 of the Law on Publishing.

2. On the front cover of books and documents in book form (hereinafter referred to as books), the name of the author, the name of the translator, the name of the transcriber, and the name of the organization or individual involved in joint publication shall not be recorded in the following cases:

a) Books reproducing entire texts of laws, resolutions of the National Assembly; ordinances, resolutions of the Standing Committee of the National Assembly, and Party documents;

b) Books reproducing entire texts of religious scriptures of religions legally operating in Vietnam.

3. For the front cover of books containing images of the National Flag, National Emblem, Party Flag, map of Vietnam, portraits of leaders, heads of the Party and State, the name of the author, the name of the translator, the name of the transcriber, and the name of the organization or individual involved in joint publication shall not be recorded on the background of these images or portraits.

4. The last page of the book shall record the following information:

a) Name of the person responsible for publication, name of the content editor, name of the presenter, illustrator, name of the technical editor, name of the proofreader;

b) Registration number of the publication plan, decision number for publication issued by the Director of the Publisher or publication permit number from the state management agency for publishing activities, book format, print quantity, printing base name, time of submission for retention and inspection.

In cases where technical printing reasons prevent the recording of the information specified in point a and point b of this clause on the last page of the book, it shall be recorded on the next page following the title page.

2. Supplement Article 11b as follows:

"Article 11b. Publishing and distributing publications on computer networks (Internet)

1. Publishing on the Internet means the first-time public release of a work or document directly on the Internet.

The publication and distribution of publications on the Internet must comply with the provisions set forth in Decree No. 97/2008/NĐ-CP dated August 28, 2008 of the Government on the management, provision, and use of Internet services and electronic information on the Internet.

2. Publishing on the Internet must be carried out by the publisher according to the following regulations:

a) Prior to publishing on the Internet, the publisher must register the publication plan with the Publishing Department, clearly stating the time and website address for uploading the publication, and must obtain written confirmation from the Publishing Department within ten working days from the date of receipt of the publisher's publication plan registration;

b) At least ten days before direct publication on the Internet, the publisher must submit one copy of the publication stored on data storage devices (CD-ROM, DVD, VCD, USB, email not exceeding 3MB in size) to the retention and inspection authority as stipulated in Article 12 of this Decree;

c) The website address for uploading the publication must be granted by a competent Vietnamese authority (".vn" domain name);

d) In cases of reprinting, reprinting with corrections, or additions to the publication, the provisions of Clause 3 of this Article shall apply.

3. The distribution of works or documents that have been legally published and circulated in Vietnam on the Internet must be carried out by the publisher or distribution entity according to the following regulations:

a) Must obtain written consent from the author or copyright owner in accordance with the laws on intellectual property;

b) Prior to distributing the publication on the Internet, the publisher or distribution entity must report in writing to the Publishing Department about the publication name, author, website address, and upload date.

If violations of the provisions of the Law on Publishing are discovered in publications distributed on the Internet, the Publishing Department will issue a document requesting the publisher or distribution entity to cease distribution of such publications.

4. In cases where publications are distributed on the Internet by publishers or organizations permitted to publish that have been dissolved, merged, or split, written consent from the author, organization, or entity transferring civil rights and obligations of the dissolved, merged, or split publisher or organization is required.

3. Supplement Article 18a as follows:

"Article 18a. Importing non-commercial publications

1. The importation of non-commercial publications by Vietnamese agencies, organizations, individuals, foreign organizations, individuals, international organizations, and overseas Vietnamese residing in Vietnam (hereinafter referred to collectively as individuals and organizations) must be authorized by a competent Vietnamese authority.

2. For the following cases, agencies, organizations, and individuals do not need to apply for permission when importing publications into Vietnam but only need to handle customs procedures in accordance with the laws on customs:

a) Documents serving international conferences and seminars approved by a competent Vietnamese authority to be held in Vietnam;

b) Publications that are movable assets of organizations, families, or individuals for personal use;

c) Publications within the personal baggage allowance of incoming travelers for personal use;

d) Publications given to organizations or individuals sent through postal services with a value not exceeding the tax exemption standard prescribed by law.

3. Publications specified in point a and point b of Clause 2 of this Article must be re-exported after use; if transferred to other Vietnamese agencies, organizations, or individuals, the receiving agency, organization, or individual must handle the import procedures as stipulated in Article 18b of this Decree.

Publications specified in point d of Clause 2 of this Article with a value exceeding the tax exemption standard must apply for import permission.

4. The importation of publications by organizations and individuals enjoying preferential exemptions shall be carried out in accordance with the laws on customs and international treaties to which Vietnam is a party.

5. Strictly prohibited from importing publications containing content violating Article 10 of the Law on Publishing."

4. Supplement Article 18b as follows:

"Article 18b. Issuing Import Permits for Non-Commercial Publications

1. The Publishing Department is responsible for issuing import permits for non-commercial publications to the following agencies and organizations headquartered in Hanoi on behalf of the Minister of Information and Communications:

a) Central agencies and organizations;

b) Foreign agencies and organizations;

c) International organizations.

2. Provincial Departments of Information and Communications are responsible for issuing import permits for non-commercial publications to the following subjects on behalf of the Chairman of the People's Committee of the province:

a) Local agencies, organizations, and individuals;

b) Branches, representative offices, and subordinate units of central agencies and organizations located in local areas;

c) Foreign agencies and organizations, international organizations headquartered in local areas or operating in local areas;

d) Foreign individuals residing in or visiting local areas.

3. Before importing non-commercial publications, individuals and organizations must submit an application for an import permit to the competent authority issuing the permit as stipulated in Clauses 1 and 2 of this Article, clearly stating the type of publication, content, quantity, origin, purpose, and scope of use of the imported publication.

In cases where permission is sought to import publications for use in specialized professional research work, there must be an additional request letter from the Minister, Head of a ministry-level agency, government agency, head of a central-level organization or provincial-level authority responsible for the relevant field.

4. Within ten working days from the date of receiving complete valid documents, the competent authority specified in Clause 1 and Clause 2 of this Article shall issue the permit; in case of not issuing the permit, there must be a reply letter clearly stating the reasons.

5. When the issuing authority needs to review the content of imported publications that are not for business purposes to make a licensing decision, the requesting organization or individual shall be responsible for fulfilling the requirements of the issuing authority.

6. The Ministry of Information and Communications shall stipulate the format of the application form, the license, and the procedures for reviewing imported publications that are not for business purposes.

5. Supplement Article 18c as follows:

"Article 18c. Conditions for Issuing Business Importation of Publications License

1. The conditions for obtaining a business importation of publications license as prescribed in Clause 2 of Article 38 of the Law on Publishing include:

a) Having a business registration certificate or investment certificate;

b) The head of the business establishment must be a resident of Vietnam; have a bachelor's degree in publishing distribution; if graduating from other fields, they must hold a vocational training certificate in publishing distribution issued by a competent Vietnamese authority; possess full civil capacity and not be prohibited by law from engaging in business activities.

2. For businesses importing books, in addition to the conditions stipulated in Clause 1 of this Article, the following additional conditions must also be met:

a) Having at least five full-time employees who assess book content and are enrolled in social insurance;

Book content assessors must hold a bachelor's degree or higher in a relevant foreign language suitable for the majority of imported books, with at least five years of experience in the publishing or import/export of publications, and not be prohibited by law from engaging in business activities;

b) Having at least seven part-time collaborators who assess book content under project-based contracts;

Book content assessors must hold a bachelor's degree or higher in a relevant foreign language and possess the necessary expertise to evaluate the content of imported books;

c) Having a workplace and sales area for publications with a minimum area of one hundred square meters;

d) Having a minimum capital ownership of five billion VND."

6. Supplement Article 18d as follows:

"Article 18d. Documents for Applying for a Business Importation of Publications License

1. The documents for applying for a business importation of publications license as prescribed in Clause 3 of Article 38 of the Law on Publishing include:

a) An application for a business importation of publications license sent to the Publishing Department; if there is a supervising authority, an additional request letter from the supervising authority must also be included;

b) A certified true copy of the business registration certificate or investment certificate;

c) A certified true copy of the academic credentials, certificates, and criminal record of the head of the business establishment for importing publications.

2. For businesses importing books, in addition to the documents stipulated in Clause 1 of this Article, the following additional documents must also be provided:

a) A list of full-time and part-time book content assessors along with copies of their employment contracts;

b) A certified true copy of the bachelor's degree in a relevant foreign language of the full-time and part-time book content assessors;

c) A certified true copy of the employment contract, social insurance book, and criminal record of the full-time book content assessor;

d) A confirmation of work experience of the full-time book content assessor issued by the organization or entity where they worked;

đ) A confirmation of capital ownership and sales area size issued by the competent state authority.

3. The Ministry of Information and Communications shall promulgate the format of the application form, the declaration form for the list of full-time and part-time book content assessors, and the business importation of publications license."

Article 3. Repeal Model No. 1, Model No. 2, and Model No. 3 of the Appendix issued together with Decree No. 111/2005/NĐ-CP dated August 26, 2005 of the Government.

Article 4. Implementation Provisions

1. This Decree takes effect forty-five days from the date of issuance.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government shall be responsible for enforcing this Decree./.