Law Amending and Supplementing Certain Articles of the Press Law No. 12/1999/QH10

LAW

Amending and supplementing certain articles of the Press Law

 ___________________

Decree No. 30/1998/NĐ-CP The Constitution of the Socialist Republic of Vietnam in 1992;

This Law amends and supplements certain articles of the Press Law which was adopted by the National Assembly of the Socialist Republic of Vietnam on December 28, 1989,

Article 1. Amending and supplementing the Preamble and certain articles of the Press Law as follows:

1. The Preamble is amended and supplemented as follows:

"To ensure the freedom of press, the freedom of speech through the press of citizens, in accordance with the interests of the State and the people; 

To promote the role of the press in the cause of building and defending the socialist Fatherland of Vietnam according to the renewal policy of the Communist Party of Vietnam; 

Based on the Constitution of the Socialist Republic of Vietnam in 1992;

This Law stipulates the press regime".

2. Article 3 is amended and supplemented:

"Article 3. Types of press

Press referred to in this Law is Vietnamese press, including: printed press (newspapers, magazines, news bulletins, news agency bulletins), spoken press (radio programs), visual press (television programs, audio-visual news programs produced by different technical means), electronic press (produced on computer information networks) in Vietnamese, ethnic minority languages of Vietnam, and foreign languages".

3. Article 6 is amended and supplemented:

"Article 6. Tasks and powers of the press

The press has the following tasks and powers:

1. Providing truthful information about domestic and international situations in accordance with the interests of the country and the people;

2. Propagating, disseminating, and contributing to the construction and defense of the policies, guidelines, and laws of the Party, the state, the achievements of the country and the world in accordance with the mission and purpose of the press organization; contributing to political stability, raising public awareness, meeting the healthy cultural needs of the people, protecting and promoting fine traditions of the nation, building and promoting socialist democracy, strengthening the unity of the entire people, building and defending the socialist Fatherland of Vietnam; 

3. Reflecting and guiding public opinion; serving as a forum for exercising the right to free speech of the people; 

4. Identifying and showcasing good people and deeds, new factors; combating violations of the law and other negative social phenomena; 

5. Contributing to maintaining the purity of the Vietnamese language, ethnic minority languages of Vietnam;

6. Expanding mutual understanding between countries and nations, participating in the cause of the world's people for peace, national independence, democracy, and social progress".

4. Article 9 is amended and supplemented:

"Article 9. Corrections in the press

1. When the press provides false information, distorts, slanders, or insults the reputation of organizations or the dignity and personal rights of individuals, it must publish or broadcast the correction statement and apology from the press organization and the author. In cases where there is a conclusion from a competent state authority, the press organization must publish or broadcast that conclusion. 

2. Organizations and individuals have the right to express their opinions in writing regarding contents mentioned in the press when they have grounds to believe that the press has provided false information, distorted, slandered, or insulted them. Press organizations must publish or broadcast these statements. Statements from organizations and individuals must not insult the press organization or the dignity and personal rights of the author. From the date of receipt of the statement from organizations and individuals, within five days for daily newspapers, radio stations, television stations, ten days for weekly newspapers, and in the nearest issue for magazines, the press organization must publish or broadcast those statements. 

3. Correction statements and apologies from press organizations and authors, and statements from organizations and individuals as prescribed in Clause 1 and Clause 2 of this Article must be published or broadcast in a manner commensurate with the information originally provided by the press according to the regulations of the Government.  4. In cases where the press organization does not correct or apologize, or if the corrections and apologies do not comply with the provisions of this Law, or fails to publish or broadcast the statements from organizations and individuals, those organizations and individuals have the right to lodge complaints with the press management organization, the state management agency on press, or file a lawsuit at the Court".

Article 12 is amended and supplemented:

"Article 12. Press management organization

The press management organization is the entity named in the application for a press operation license and directly manages the press organization. 

5. The press management organization has the following tasks and powers: 

1. Determining and directing the implementation of the mission, purpose, target audience, main circulation area, capacity, time, frequency, broadcasting range, and language of the press organization as specified in the license; 

C2. Directing the press organization to implement tasks, directions, and plans of activities, organizing the organizational structure, and building a team of press staff; 

3. Appointing, dismissing, or removing the head of subordinate press organizations after consulting with the state management agency on press; 

4. Supervising the activities of the press organization; 

5. Creating necessary conditions for the press organization to operate; 

6. Bearing responsibility under the law within the scope of its tasks and powers for any violations committed by subordinate press organizations".

4. Inspect the activities of press agencies; 

5. Create necessary conditions for press agencies to operate; 

6. Bear legal responsibility within the scope of their duties and authority for any violations committed by subordinate press agencies. "

6. Article 15 is amended and supplemented:

"Article 15. Rights and obligations of journalists

1. Journalists have the following rights:

a) Engage in journalism activities within the territory of the Socialist Republic of Vietnam; engage in journalism activities abroad in accordance with the regulations of the Government;

b) Exploit and be provided information for journalism activities in accordance with the provisions of the law;

c) Refuse to compile or participate in compiling journalistic works that violate the provisions of the law on press;

d) Receive training and further education to improve their professional skills in journalism; enjoy certain preferential regimes necessary for journalism activities in accordance with the regulations of the Government;

đ) Be protected by law in their professional activities. No one shall threaten, intimidate the life, defame the reputation, or damage the dignity of journalists, destroy, seize equipment, documents, or obstruct journalists from engaging in lawful professional activities.

2. Journalists have the following obligations:

a) Provide truthful information about domestic and international situations in accordance with the interests of the country and the people; reflect legitimate opinions and aspirations of the people, contribute to the realization of the right to freedom of the press and the right to freedom of speech through the press of citizens;

b) Protect the policies, guidelines, and laws of the Party and the State; identify and protect positive factors; struggle against erroneous thoughts and behaviors;

c) Continuously study and train to improve political level, moral character, and professional skills in journalism; shall not abuse the status of journalist to harass or engage in activities that violate the law;

d) Must correct and apologize in cases where they provide false, distorted, or defamatory information that damages the reputation of organizations or the dignity of individuals;

đ) Shall 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 on press."

7. Article 17 is amended and supplemented:

"Article 17. Contents of state management over press

The contents of state management over press include:

1. Building and directing the implementation of strategies, planning, and plans for the development of the press industry;

2. Issuing and organizing the implementation of legal normative documents on press; building systems and policies on press;

3. Organizing information provision for press; managing press information;

4. Training and further education to improve political, professional, and ethical standards for the press workforce;

5. Organizing and managing scientific and technological activities in the field of press;

6. Issuing and revoking press operation licenses and journalist cards;

7. Managing international cooperation in press, managing the activities of Vietnamese press related to foreign countries and foreign press activities in Vietnam;

8. Inspecting and managing press archives; managing press archive storage;

9. Organizing and directing commendation work in press activities;

10. Guiding, inspecting, and supervising the implementation of systems, policies, planning, and development of press and compliance with the law on press; implementing measures to prevent illegal press activities; resolving complaints and handling violations in press activities."

8Supplement Article 17a:

"Article 17a. State Management of Press

1. The Government shall uniformly manage state administration over press.

2. The Ministry of Culture, Sports and Tourism shall be responsible before the Government for implementing state management over press.

3. Ministries, ministerial-level agencies, and agencies under the Government within their respective tasks and authorities shall have the responsibility to implement state management over press as prescribed by the Government. The Government shall specify the responsibilities of ministries, ministerial-level agencies, and agencies under the Government in coordinating with the Ministry of Culture, Sports and Tourism to uniformly manage state administration over press.

4. Provincial People's Committees and Municipal People's Committees directly under the Central Government shall implement state management over press within their localities according to the delegation of the Government.

9. Supplement Article 17b:

"Article 17b. International Relations in Press Activities

The State shall expand international relations in press activities based on the principles of respecting national independence and sovereignty, equality, and mutual benefit. The Government shall specify the details regarding international relations in press activities."

10. Supplement Article 17c:

"Article 17c. Financial Affairs of Press Agencies

1. The State shall have policies to support the budget and create conditions for the development of press.

The managing body of the press agency shall be responsible for allocating necessary financial resources for the press agency to operate.

Press agencies may accept and use voluntary donations from organizations and individuals for their intended purposes effectively in accordance with the Government's regulations.

2. Press agencies may organize business and service activities appropriate to their professional expertise in accordance with the Government's regulations and other legal provisions to generate additional revenue for reinvestment in press development.Press agencies must fulfill tax obligations for their business and service activities.

Press agencies shall enjoy preferential tax and fee regimes for publishing and distributing press materials in accordance with the law.

3. Press agencies must comply with accounting, statistical, auditing, and financial inspection systems as prescribed by law.

11Supplement Article 17d:

"Article 17d. Publishing and Distributing Press Materials for Certain Groups

The State shall have policies to support the budget to create conditions for publishing and distributing press materials to reach people in regions with difficult socio-economic conditions and extremely difficult socio-economic conditions, and to the Vietnamese community abroad."

12. Supplement Article 17đ:

"Article 17đ. Inspection of Press

Press inspection is specialized inspection in the field of press.

The organization and operation of specialized press inspection shall be regulated by the Government.

13. Article 19 is amended and supplemented:

"Article 19. Issuance of Press Operation Licenses

1. The issuance of press operation licenses must be based on the conditions stipulated in Article 18 of the Press Law and must be consistent with the planning for press development.

The Ministry of Culture, Sports and Tourism shall issue press operation licenses.

The application dossier for issuing press operation licenses shall be specified by the Ministry of Culture, Sports and Tourism.

2. Press agencies must have a license issued by the competent state management agency for press to operate. In case a license is not issued, the competent state management agency for press must provide a written response within thirty days from the date of receipt of the application for a press operation license, clearly stating the reasons. Organizations refused a license have the right to appeal to the competent authority or file a lawsuit at the Court.

14. Supplement Article 19a:

"Article 19a. Establishment of representative offices and permanent offices of press agencies

1. Press agencies wishing to establish representative offices or permanent offices within the country must meet the conditions regarding personnel, premises, and obtain written consent from the People's Committee of the province or centrally governed city where the representative office or permanent office will be located, and must notify the Ministry of Culture, Sports and Tourism.

2. The Government shall specify the detailed regulations on establishing representative offices and permanent offices of Vietnamese press agencies abroad and foreign press agencies in Vietnam.

15. Article 21 is amended and supplemented:

"Article 21. Implementation of other types of press activities, publication of other press publications, broadcasting special programs, supplementary programs

1. Press agencies may only implement other types of press activities consistent with their functions and responsibilities when they meet the conditions stipulated in Article 18 of the Press Law and obtain a permit from the Ministry of Culture, Sports and Tourism.

2. Organizations wishing to publish special supplements or press agencies wishing to publish additional issues, supplements, special supplements, or broadcast special programs, supplementary programs must obtain a permit from the Ministry of Culture, Sports and Tourism."

16. Article 22 is amended and supplemented:

"Article 22. Printing of press materials, broadcasting radio and television programs, uploading press online

Printing facilities have the responsibility to fulfill contracts and ensure the release time for press materials; they must not print press materials without a permit, nor reprint press works that have been banned from circulation by state management authorities on press.

Technical facilities for broadcasting for radio stations and television stations have the responsibility to ensure the specified broadcasting range.

Radio stations, television stations, and facilities implementing current affairs audio-visual programs must not broadcast content of press works that have been banned from circulation or confiscated.

Online press can be implemented on computer information networks according to the provisions of the Government."

17. Article 28 is amended and supplemented:

"Article 28. Handling of violations

1. Press agencies violating regulations on press activity permits, prohibited information on press as stipulated in Article 10 of the Press Law, corrections on press, and other laws on press shall be subject to warnings, fines, confiscation of publications, audio and video recordings, temporary suspension of publication, or revocation of permits depending on the nature and severity of the violation according to the law.

The supervising agency is responsible under the law within its scope of duties and authority for the violations of subordinate press agencies.

Press agencies, journalists, organizations, and individuals providing information causing damage to the legitimate interests of other organizations or individuals must compensate according to civil law regulations.

2. Heads of press agencies, journalists, and other press professionals violating the provisions of Clause 1 of this Article shall be subject to disciplinary action, revocation of journalist cards, administrative penalties, or criminal prosecution depending on the nature and severity of the violation.

3. Those who violate regulations on providing information, responding to press inquiries, establishing press agencies, distribution, advertising, press conferences, obstructing press activities, threatening lives, insulting dignity, and personal rights of journalists, destroying or damaging equipment and documents, and other press laws shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation.

Article 2

1. In the Press Law, the term "Council of Ministers" is replaced by "Government," and the phrase "Chairman of the Council of Ministers" is replaced by "Prime Minister of the Government."Prime Minister" 

2. Article 30 of the Press Law is abolished. Article 31 of the Press Law is renumbered as Article 30.

Article 3.

This Law takes effect from September 1, 1999.

All previous regulations contrary to this Law are repealed.

The Government shall amend and supplement detailed regulations and guidance for implementation of the Press Law in accordance with this Law.