Decree No. 111/2005/ND-CP detailing and guiding the implementation of certain provisions of the Law on Publishing

DECREE OF THE GOVERNMENT

Detailed regulations and guidance on implementing
Certain Provisions of the Publishing Law

THE GOVERNMENT

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

Pursuant to the Publishing Law dated December 3, 2004;

At the request of the Minister of Culture - Information,

DECREE:

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

This Decree stipulates detailed regulations and provides guidance on implementing certain provisions of the Publishing Law concerning policies for publishing activities; tasks and authorities of publishing management agencies at all levels; activities in the fields of publishing, printing, and distribution of publications.

Article 2. Publications

Publications as specified in Article 4 of the Publishing Law are manifested in the following forms:

1. Books, including books for visually impaired persons, electronic books.

2. Paintings, photographs, maps, posters; loose sheets and folded sheets containing contents as specified in Article 4 of the Publishing Law.

3. Various types of calendars as publications.

4. Audio tapes, audio discs, video tapes, video discs of publishers with contents replacing books or illustrating books.

Article 3. Policies Encouraging and Supporting the Development of the Publishing Industry

The State's policies encouraging and supporting the development of the publishing industry as specified in Clause 1, Article 6 of the Publishing Law include:

1. Prioritizing investment in applying advanced technology and techniques in the field of publishing; investing in printing facilities serving political tasks, national defense, security, and printing facilities located in areas prioritized for investment by the State; building book centers in key regions; building and upgrading book distribution networks in counties within areas prioritized for investment by the State.

2. Providing financial support for the construction and completion of textbooks; training and improving professional skills both domestically and internationally for the editorial staff of publishers, printing engineers, and managers of publishers, printing facilities, and publication distribution facilities.

3. Providing financial support for organizing and participating in book exhibitions and fairs serving political tasks and external information work both domestically and internationally.

4. Providing annual financial support for awards given to high-value publications.

Article 4. Policies on Ordering Publications, Purchasing Manuscripts, Supporting Purchase of Copyrights, and Subsidizing Transportation Costs for Publications

1. Annually, the Ministry of Culture, Sports and Tourism approves the list of publications subject to ordering, manuscript purchasing, and copyright purchase support for central publishers; Provincial People's Committees (hereinafter referred to as Provincial People's Committees) approve the list of publications subject to ordering, manuscript purchasing, and copyright purchase support for local publishers as specified in Clauses 2 and 3, Article 6 of the Publishing Law.

2. Subsidies for transportation costs of publications to areas with difficult socio-economic conditions, extremely difficult socio-economic conditions, and mountainous and island areas serving ethnic minorities are calculated based on the distance from the purchase location to the People's Committee office.

3. The Ministry of Culture, Sports and Tourism approves the list of publications eligible for transportation cost subsidies for external information work. The subsidy is calculated based on the distance from the dispatch location to the overseas receiving location.

4. The Ministry of Culture, Sports and Tourism shall take the lead and coordinate with the Ministry of Planning and Investment, the Ministry of Finance, and relevant agencies to issue documents to implement the policies under Clause 2, Article 28 of the Publishing Law, and Articles 3 and 4 of this Decree.

Article 5. Tasks and Authorities of the Ministry of Culture, Sports and Tourism in Implementing State Management over Publishing Activities

Article 1. The Ministry of Culture, Sports and Tourism assists the Government in implementing state management over publishing activities nationwide, with the following tasks and authorities:

a) Building and submitting to competent authorities for issuance, or issuing within its authority, strategies, plans, and policies on the development of publishing, printing, and publication distribution activities, regulatory legal documents, and policies on publishing activities.

b) Managing scientific research and technology application in publishing activities, as well as training and professional development in publishing activities.

c) Managing international cooperation in publishing activities.

d) Issuing and revoking licenses for establishing publishers, representative offices of foreign publishers in Vietnam, and representative offices of foreign organizations in Vietnam in the field of publication distribution as specified in Articles 16, 24, and 43 of the Publishing Law.

đ) Temporarily suspending the operations of publishers, representative offices of foreign publishers in Vietnam, and representative offices of foreign organizations in Vietnam in the field of publication distribution; prohibiting circulation, recalling, confiscating, or destroying publications violating laws issued by publishers, authorized organizations, and import businesses.

e) Organizing and implementing commendation and reward activities in publishing; directing and guiding the selection and awarding of prizes for high-value publications.

g) Inspecting and supervising compliance with laws on publishing; handling complaints, accusations, and violations of laws in publishing activities within its authority.

2. The Publishing Department is a functional agency of the Ministry of Culture, Sports and Tourism with the following tasks and authorities:

a) Assisting the Minister of Culture, Sports and Tourism in performing the tasks specified in Clause 1 of this Article.

b) Receiving and managing registration of publishing plans of publishers and import lists of publications of import businesses.

c) Being responsible before the Minister of Culture, Sports and Tourism for issuing and revoking licenses for non-commercial publication materials, publication printing activities, printing services for foreign countries, import business activities, and publication exhibitions and fairs as specified in Articles 22, 23, 31, 34, and 42 of the Publishing Law.

d) Temporarily suspending publication printing activities or halting ongoing publication printing; temporarily suspending or halting publication distribution activities; temporarily suspending import business activities; temporarily suspending the organization of publication exhibitions and fairs by domestic and foreign entities; temporarily suspending the circulation of publications violating publishing laws.

đ) Managing the deposit and organization of reading of deposited publications.

e) Implementing inspection, commendation, and reward activities in publishing.

Article 6. Tasks and Authorities of the Provincial People's Committee in Managing State Administration over Publishing Activities at the Local Level

1. The Provincial People's Committee shall have the following tasks and authorities in managing state administration over publishing activities at the local level:

a) To develop planning schemes, decide on plans for the development of publishing, printing, and distribution fields within the locality; to draft and promulgate legal normative documents on publishing activities within its jurisdiction.

b) To organize and carry out commendation and reward work in publishing activities at the local level.

c) To inspect, examine, settle complaints and denunciations, and handle violations of laws in publishing activities within its jurisdiction.

d) To temporarily suspend the operations of central-level publishers, printing establishments, and distribution outlets located in the locality; to halt illegal activities related to publishing of branch offices, representative offices, and other organizations and individuals of central-level publishers, printing establishments, and distribution outlets located in the locality; to temporarily suspend the business of importing publications of importation enterprises and report to the Minister of Culture and Information; to halt the distribution of publications with contents violating the Law on Publishing by distribution outlets located in the locality.

đ) To prohibit circulation, recall, confiscate, or destroy publications violating laws on publishing issued by publishers, agencies, organizations permitted to publish, and importation enterprises within the locality and report to the Minister of Culture and Information.

2. The Department of Culture and Information is the specialized agency of the Provincial People's Committee having the following tasks and authorities:

a) To assist the Chairman of the Provincial People's Committee in performing the tasks prescribed in Clause 1 of this Article.

b) To be responsible before the Chairman of the Provincial People's Committee for issuing, revoking licenses for non-commercial publication materials, exhibition, and trade fair licenses for agencies, organizations, and individuals within the locality, branch offices, representative offices, and subordinate units of central-level agencies and organizations located in the locality; printing activity licenses and foreign printing job licenses for local printing establishments as stipulated in Articles 22, 31, 34, and 42 of the Law on Publishing.

c) To manage the depositing and reading of deposited publications organized by the locality.

d) To conduct inspections and examinations on compliance with laws on publishing; to settle complaints and denunciations and handle violations of laws in publishing activities within its jurisdiction.

đ) To temporarily suspend printing activities of publications or halt the printing of publications currently being printed if their contents violate Article 10 of the Law on Publishing and report to the Minister of Culture and Information and the Chairman of the Provincial People's Committee; to temporarily suspend the organization of exhibitions and trade fairs of publications by agencies, organizations, and individuals licensed by the locality; to temporarily suspend the distribution of publications with contents violating the Law on Publishing by distribution outlets located in the locality.

e) To carry out the destruction of publications violating laws on publishing upon decisions made by the Minister of Culture and Information or the Chairman of the Provincial People's Committee.

Article 7. Planning for the development of publishing, printing, and distribution fields

The Ministry of Culture and Information shall be responsible for:

1. Developing plans for the national development of publishing, printing, and distribution fields to submit to the Prime Minister for approval.

2. Based on the approved national plan, guiding the development and implementation of plans for publishing, printing, and distribution fields by ministries, sectors, and localities.

PART II
FIELD OF PUBLISHING

Article 8. Organizations establishing publishing houses

1. State agencies, political organizations, and socio-political organizations at the central and provincial levels.

2. Other organizations that may establish publishing houses include:

a) Central-level socio-political and occupational organizations directly creating and publishing works.

b) In addition to the organizations specified in point a of this clause, based on specific requirements, conditions for establishing publishing houses, the national plan for the development of the publishing industry, and each sector and locality, the Ministry of Culture and Information shall decide to establish publishing houses after obtaining the Prime Minister's opinion.

3. Establishing a publishing house must comply with the national plan for the development of the publishing industry.

Article 9. Appointment, removal, and dismissal of directors and chief editors of publishing houses

1. Before appointing directors and chief editors of publishing houses, the supervising agency must submit a dossier to the Ministry of Culture and Information. The dossier includes:

a) A document proposing agreement for appointment.

b) A brief resume of the proposed appointee.

c) Certified copies of diplomas and certificates confirming qualifications as stipulated in Clause 1, Article 14 of the Publishing Law.

2. When removing or dismissing directors and chief editors of publishing houses, the supervising agency must submit a document proposing agreement to the Ministry of Culture and Information and implement according to laws regarding cadres and civil servants.

Within ten working days from the date of receiving complete valid dossiers, the Ministry of Culture and Information must issue a document responding to the supervising agency of the publishing house regarding the appointment, removal, or dismissal of directors and chief editors.

Article 10. Registration of publication plans

1. Publishing houses must register their publication plans with the Publishing Department before publishing. The publication plan of a publishing house must align with its mission, functions, and tasks and must be reviewed by the supervising agency of the publishing house before registration with the Publishing Department according to Model 1 of the Appendix issued together with this Decree.

2. Within seven working days from the date of receipt of the registration of the publication plan of a publishing house, the Publishing Department confirms the registration of the publication plan in writing. Recording the registration number of the publication plan on publications as prescribed in Article 26 of the Publishing Law shall be carried out according to Model 2 of the Appendix issued together with this Decree.

3. After registering the publication plan, the publishing house may proceed according to the registered content.

The registered publication plan remains valid until December 31 of the planning year.

Article 11. Issuance of permits for non-commercial publications

1. Non-commercial publications not published through a publishing house must obtain permission for publication as prescribed in Article 22 and Clause 2, Article 23 of the Publishing Law, including:

a) Propaganda and promotional materials serving political tasks, major anniversaries, and significant events of the country.

b) Materials guiding study and implementation of Party directives and resolutions and state laws.

c) Technical production guidance materials, measures for preventing natural disasters, epidemics, and environmental protection.

d) Conference proceedings.

đ) Publications of foreign agencies and organizations, international organizations in Vietnam, and wholly foreign-owned enterprises.

2. When publishing materials as prescribed in Clause 1 of this Article, agencies and organizations must submit a request for publication permit to the competent state management agency for publications.

3. Within ten working days from the date of receiving complete valid dossiers, the Publishing Department is responsible for issuing publication permits to central agencies, foreign organizations, international organizations, and wholly foreign-owned enterprises in Vietnam under the responsibility of the Minister of Culture and Information; Provincial Departments of Culture and Information are responsible for issuing publication permits to local agencies and organizations, branches, representative offices, and units subordinate to central agencies and organizations in localities under the responsibility of the Chairman of the People's Committee of the province.

Article 12. Submission of Publication Samples for Preservation

1. The submission of publication samples for preservation as stipulated in Clause 1, Article 27 of the Law on Publishing shall be carried out as follows:

a) Central publishing houses, agencies, and organizations permitted to publish shall submit publication samples for preservation to the Publishing Department.

b) Local agencies, organizations, branches, representative offices, and units under central agencies and organizations permitted to publish shall submit publication samples for preservation to both the Publishing Department and the Department of Culture and Information.

2. When submitting publication samples for preservation, the publishing house, agency, or organization permitted to publish must stamp "for preservation" and sign on the publication samples.

Article 13. Reading of Publication Samples for Preservation

1. The Publishing Department and the Department of Culture and Information shall organize the reading of publication samples for preservation and establish a team of collaborators to read such samples.

2. If publication samples for preservation violate the provisions of the Law on Publishing, they shall be handled according to the provisions of Article 30 of the Law on Publishing.

In case publication samples for preservation contain content that violates the provisions of Article 10 of the Law on Publishing, the handling shall be carried out as follows:

a) The Publishing Department and the Department of Culture and Information shall issue a document requesting the publishing house, agency, or organization permitted to publish, which has not yet been released or temporarily suspended from release, to conduct a content review.

b) The publishing house, agency, or organization permitted to publish shall conduct a content review of the publication samples for preservation and send the minutes to the Publishing Department or the Department of Culture and Information.

c) Within ten working days from the date of receipt of the content review minutes, the Publishing Department or the Department of Culture and Information shall examine and propose decisions on issuance or apply handling measures as prescribed.

CHAPTER III
FIELD OF PUBLISHING PRODUCT PRINTING

Article 14. Printing Activities of Publishing Products and Conditions for Issuing a Permit for Such Activities

1. Printing activities of publishing products include typesetting, printing, and post-printing processing.

2. The conditions for issuing a permit for printing activities of publishing products as specified in Points a and b, Clause 1, Article 31 of the Law on Publishing are as follows:

a) The director or owner of the printing facility for publishing products must have a certificate issued by a vocational training institution for printing or a certificate confirming completion of management knowledge training in printing issued by a specialized cultural and information training institution.

A certified copy of the certificate or certificate must be attached to the application for a permit for printing activities of publishing products.

b) The printing facility must have a printing and post-printing processing equipment chain to be eligible for a permit for printing activities of publishing products.

Article 15. Authority to Issue a Permit for Printing Activities of Publishing Products

The Publishing Department is responsible before the Minister of Culture and Information for issuing permits to central agencies' and organizations' printing facilities; the Department of Culture and Information is responsible before the Chairman of the Provincial People's Committee for issuing permits to local agencies' and organizations' printing facilities.

A printing facility for publishing products wishing to set up a branch in other centrally-administered cities or provinces must obtain approval in writing from the People's Committee of the province where the branch is located and must request an additional permit for printing activities of publishing products as stipulated in Article 31 of the Law on Publishing.

Article 16. Conditions for Accepting Printing of Publishing Products

1. When accepting printing of publishing products, the original publication permit, the permit for post-printing processing of publications for foreign countries, and the decision to publish by the publishing house director as stipulated in Clause 1, Article 32 of the Law on Publishing must be kept at the printing facility accepting the print job.

2. When accepting typesetting, printing, or post-printing processing of publishing products, the printing facility must record it in the contract acceptance tracking and management ledger.

Article 17. Post-printing Processing of Publications for Foreign Countries

1. The Publishing Department is responsible before the Minister of Culture and Information for issuing permits for post-printing processing of publications for foreign countries to central printing facilities; the Department of Culture and Information is responsible before the Chairman of the Provincial People's Committee for issuing permits for post-printing processing of publications for foreign countries to local printing facilities.

2. The content of publications post-printed for foreign countries must not contravene relevant laws.

The Ministry of Culture and Information is responsible for providing detailed guidance on implementing this provision.

3. Publications post-printed for foreign countries may not be sold or disseminated within the territory of Vietnam.

PART IV
FIELD OF DISTRIBUTION OF PUBLISHING PRODUCTS

Article 18. Registration for Importing Publications

The registration of the list of publications for import purposes to conduct business (hereinafter referred to as the list of publications for import) as stipulated in Clause 2, Article 39 of the Law on Publishing shall be carried out as follows:

1. When importing publications, the importer must register the list of publications for import with the Publishing Department according to Form No. 3 attached as an appendix to this Decree.

2. Within seven working days from the date of receipt of the list of publications for import, the Publishing Department shall confirm the registration in writing.

3. After registering the list of publications for import, the importer may proceed according to the registered content.

The registered list of publications for import is valid until December 31 of the planning year.

4. The list of publications for import confirmed by the Publishing Department serves as the basis for the importer to handle customs procedures.

Article 19. Activities of Exhibitions and Trade Fairs of Publications

1. The Publishing Department shall be responsible before the Minister of Culture, Sports and Tourism for issuing permits to central agencies, organizations, foreign individuals and organizations, and international organizations to organize exhibitions and trade fairs of publications; the Department of Culture, Sports and Tourism shall be responsible before the Chairman of the People's Committee of the province for issuing permits to local agencies, organizations, individuals, branches, representative offices, and units under central agencies and organizations located in the locality to organize exhibitions and trade fairs of publications.

2. Agencies, organizations, and individuals organizing exhibitions and trade fairs shall be responsible for the content of publications for exhibition and trade fair.

3. Displaying publications without selling them for the purpose of introducing activities and products of Vietnamese agencies and organizations does not require a permit, but they must report in writing to the competent authority issuing the permit as stipulated in Clause 1 of this Article about the time, location, list of publications, and be responsible for the content of displayed publications.

Article 20. Activities of Representative Offices of Foreign Organizations in the Field of Publication Distribution

1. Representative offices of foreign organizations in Vietnam in the field of publication distribution as stipulated in Clause 3, Article 43 of the Law on Publishing are permitted to:

a) Introduce their organization and products.

b) Promote transactions related to contracts, business cooperation, or joint ventures in the field of publication distribution; transactions related to publication distribution, copyright, and technology transfer in the field of publication distribution.

2. Representative offices of foreign organizations in Vietnam in the field of publication distribution are not allowed to directly engage in business operations in Vietnam.

CHAPTER V
IMPLEMENTING PROVISIONS

Article 21. Reissuing Licenses in Publishing Activities

Publishers, printing establishments, and import businesses of publications established and operating before July 1, 2005 must apply for reissuance of licenses.

Article 22. Effectiveness

This Decree takes effect fifteen days after its publication in the Official Gazette and replaces Government Decree No. 79/CP dated November 6, 1993.

Article 23. Responsibility for Implementing the Decree

1. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of People's Committees of provinces and centrally-run cities are responsible for implementing this Decree.

2. The Minister of Culture, Sports and Tourism shall provide guidance on the implementation of this Decree./.