Law Amending and Supplementing Certain Articles of the Publishing Law No. 12/2008/QH12

LAW

Amending and supplementing certain articles of the Publishing Law

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Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 as amended and supplemented by Resolution number 51/2001/QH10;

The National Assembly promulgates the Law amending and supplementing certain articles of the Publishing Law No. 30/2004/QH11.

Article 1. Amending and supplementing certain articles of the Publishing Law

a) The National Compensation Agency advises and assists the Minister of Justice in summarizing and generally monitoring the resolution of compensation in administrative management activities nationwide;

Article 18. Registration of publication plans

1. Prior to publishing, the publisher must register its publication plan with the Ministry of Information and Communications and must be confirmed in writing by the Ministry of Information and Communications. Within ten days from the date of receipt of the publisher's registration of the publication plan, the Ministry of Information and Communications confirms in writing the registration of the publication plan.

The Ministry of Information and Communications shall prescribe the model for registering publication plans.

2. The publication plan of the publisher must be consistent with the objectives, purposes, functions, and tasks of the publisher and have validity until December 31 of the planning year.

2. Article 26 is amended and supplemented as follows:

Article 26. Information recorded on publications

1. On books and materials in book form (hereinafter referred to collectively as books), the following information must be recorded:

a) The name of the book, the author's name, the chief editor's name (if any), the translator's name (if it is a translated book) or the transliterator's name (if it is a transliterated book from Nom script), the proofreader's name (if any); the name of the publisher or the agency or organization permitted to publish, the name of the organization or individual collaborating in the publication (if any); the year of publication, the volume number, the reprint edition number; for translated books, the original title, the original author's name, the foreign publisher's name, the year of publication abroad; if translated from a language different from the original language, the language and the translator's name must be clearly stated;

b) The name of the person responsible for publication, the name of the content editor; the format of the book, the registration number of the publication plan, the publication decision number of the publisher's director or the publication permit number of the state management agency for publication activities; the name of the presenter, illustrator, technical editor, printer corrector; the print quantity, the printing facility name, the time of submission for retention;

c) For commercial books, the retail price must be recorded; for books ordered by the State, the phrase "State-ordered book" must be recorded; for non-commercial books, the phrase "non-sale" must be recorded.

2. On publications that are not books, the following information must be recorded:

a) The name of the publication, the name of the publisher or the agency or organization permitted to publish; the name of the organization or individual collaborating in the publication (if any);

b) The registration number of the publication plan, the publication decision number of the publisher's director or the publication permit number of the state management agency for publication activities; the print quantity, the printing facility name;

c) For commercial publications, the retail price must be recorded; for publications ordered by the State, the phrase "State-ordered publication" must be recorded; for non-commercial publications, the phrase "non-sale" must be recorded.

3. The Government shall specify special cases where the author's name, the translator's name, the transliterator's name, and the name of the organization or individual collaborating in the publication are not recorded on the cover and the position for recording the information specified in point b, Clause 1, Article 26 of this Law.

4. The publisher's director decides the position for recording the information on the publication, except in the case provided for in Clause 3 of this Article.

3. Article 30 is amended and supplemented as follows:

Article 30. Handling violations in the field of publishing

1. Organizations and individuals violating the provisions of Articles 3, 5, 10, 18, 19, 20, 21, 22, 23, 25, 26, 27, and 29 of this Law shall, depending on the nature and degree of violation, be warned or fined, and may be subject to temporary suspension of the publication of infringing publications, temporary suspension of publishing activities, revocation of the right to use the publication activity license; in cases causing damage to other organizations or individuals, they must publicly apologize, correct the error in the press, and compensate for damages according to the law.

Publications with violations shall be temporarily suspended from distribution and, depending on the nature and degree of violation, must be corrected before being distributed again or shall be recalled, confiscated, banned from circulation, and destroyed.

2. Organizations and individuals engaging in acts infringing intellectual property rights in the field of publishing shall be handled according to the provisions of the law on intellectual property.

3. Individuals who commit violations that constitute criminal offenses shall be criminally prosecuted according to the provisions of the criminal law.

4. The state management agency for publishing activities shall be responsible for its handling decisions.

4. Article 36 shall be amended and supplemented as follows:

Article 36. Handling violations in the field of printing publications

1. Organizations and individuals committing the following acts shall, depending on the nature and degree of violation, be warned or fined, suspended from printing publications currently being printed, and may be subject to temporary suspension of printing activities, revocation of the right to use the printing activity license, confiscation of evidence and means of violation; in cases causing damage, they must compensate according to the law:

a) Printing publications without a printing activity license;

b) Printing publications without a publication decision or publication permit; printing publications inconsistent with the publication decision or publication permit;

c) Printing publications for foreign countries without a printing subcontracting permit;

d) Printing publications that have been decided to stop printing, recall, confiscate, ban circulation, or destroy;

đ) Printing publications inconsistent with the manuscript approved by the publisher or the agency or organization permitted to publish; printing publications without a printing contract or exceeding the quantity specified in the contract.

2. Organizations and individuals engaging in acts infringing intellectual property rights in the field of printing publications shall be handled according to the provisions of the law on intellectual property.

3. Individuals who commit violations that constitute criminal offenses shall be criminally prosecuted according to the provisions of the criminal law.

5. Article 38 is amended and supplemented as follows:

Article 38. Issuance of licenses for the business of importing publications

1. Domestic organizations and individuals, and foreign organizations and individuals can import publications into Vietnam in accordance with Vietnamese laws and consistent with international treaties to which the Socialist Republic of Vietnam is a party.

2. Conditions for issuing licenses for the business of importing publications include:

a) Having a business registration certificate or investment certificate;

b) The head of the business establishment must be a permanent resident in Vietnam, hold a degree, and have a practice certificate for publishing products issued by competent authorities in Vietnam;

c) In the case of importing books, in addition to the conditions stipulated in points a and b of Clause 2 of this Article, there must be a team of employees and collaborators with sufficient capacity to assess the content of books.

3. The application documents for obtaining a license include:

a) An application for permission to engage in the importation of publishing products;

b) A list of employees and collaborators with labor contracts; certified true copies of certificates, degrees, and certificates as prescribed in Clause 2 of this Article.

4. Within thirty days from the date of receipt of complete application documents, the Ministry of Information and Communications shall issue the license; if the license is not granted, it must provide a written response stating the reasons.

5. The Government shall specify in detail the conditions for issuing a license to engage in the importation of publishing products as prescribed in points b and c of Clause 2 of this Article, and the application documents for obtaining a license as prescribed in Clause 3 of this Article.”

6. Article 39 is amended and supplemented as follows:

“Article 39. Importing Publishing Products for Business Purposes

1. The importation of publishing products for business purposes shall be carried out through establishments that have a business operation license for importing publishing products.

2. Prior to importation, the establishment importing publishing products for business purposes must register the list of imported publishing products with the Ministry of Information and Communications and must obtain confirmation in writing from the Ministry of Information and Communications. Within fifteen days from the date of receipt of the registration of the list of imported publishing products from the importing establishment, the Ministry of Information and Communications shall confirm in writing the registration of the list of imported publishing products.

The Ministry of Information and Communications shall prescribe the format for registering the list of imported publishing products.

3. Imported publishing products must comply with the provisions of the Law on Publishing and other relevant laws. In cases where signs of violation of Vietnamese law are detected, the Ministry of Information and Communications has the right to request an assessment of the content of the imported publishing product before confirming the registration for importation or refusing to confirm the registration for importation of that publishing product.

4. The head of the establishment importing publishing products for business purposes must organize an assessment of the content of the imported publishing products before their release and bear legal responsibility for the content of the imported publishing products.”

7. Article 43 is amended and supplemented as follows:

“Article 43. Cooperation with Foreign Countries in the Distribution of Publishing Products

1. Domestic and foreign establishments with legal personality may cooperate in business or joint ventures to distribute publishing products in Vietnam in accordance with Vietnamese law and consistent with international treaties to which the Socialist Republic of Vietnam is a party.

2. Foreign organizations may establish representative offices in Vietnam to introduce their organization and products, promote transactions related to the distribution of publishing products in accordance with Vietnamese law and must obtain a license from the Ministry of Information and Communications.

3. The application documents for obtaining a license include:

a) An application for a business activity license stating the purpose, tasks, scope of activities, headquarters, name of the head of the representative office, and a commitment to comply with all provisions of Vietnamese law;

b) A document confirming the legal status of the organization applying to establish a representative office issued by the authority or person with the power of the country or region where the organization's main office is located.

4. Within thirty days from the date of receipt of complete application documents, the Ministry of Information and Communications shall issue the license; if the license is not granted, it must provide a written response stating the reasons.”

8. Article 44 is amended and supplemented as follows:

“Article 44. Handling Violations in the Field of Distribution of Publishing Products

1. Organizations and individuals who commit any of the following acts shall, depending on the nature and severity of the violation, be warned or fined, temporarily suspended from distribution, suspended from distributing publishing products, and may be subject to measures such as recovery, confiscation, prohibition of circulation, destruction of infringing publishing products, temporary suspension of importation of publishing products, revocation of the right to use the importation business license; if damage is caused, they must compensate according to the provisions of the law:

a) Distributing publishing products whose publication, printing, or importation is illegal;

b) Distributing publishing products without invoices or documents showing legitimate origin;

c) Distributing publishing products that have been decided to stop printing, prohibit circulation, recover, confiscate, or destroy;

d) Selling publishing products that are not allowed to be traded;

đ) Illegally consuming or disseminating publishing products printed for export on Vietnamese territory;

e) Importing publishing products without registering the list of imports or failing to comply with the registered list;

g) Importing publishing products containing content violating Articles 3 and 10 of the Law on Publishing.

2. Organizations and individuals who infringe intellectual property rights in the field of distribution of publishing products shall be handled according to the provisions of the law on intellectual property.

3. Individuals who commit violations that constitute criminal offenses shall be criminally prosecuted according to the provisions of the criminal law.

4. In cases where state agencies decide to recover, confiscate, prohibit circulation, or destroy infringing publishing products, the publisher or the establishment importing those publishing products must compensate for damages to the distributor; if the decision to recover, confiscate, prohibit circulation, or destroy publishing products is incorrect and causes damage, the state agency making the incorrect decision must compensate according to the provisions of the law for the publisher or the distributor, the establishment importing publishing products.”

Article 2. Replace the phrase "Ministry of Culture - Information" with "Ministry of Information and Communications" in Clause 2 of Article 7, Clause 3 of Article 13, Clause 1 and Clause 2 of Article 16, Clause 2 of Article 17, Point a of Clause 1 of Article 22, Clause 2 and Clause 3 of Article 23, Clause 1 and Clause 3 of Article 24, Point a of Clause 1 of Article 27, Article 28, Point a of Clause 3 of Article 31, Points c and d of Clause 1 of Article 32, Clause 1 and Clause 2 of Article 34, Clause 3 of Article 37, and Point a of Clause 1 of Article 42 of the Law on Publishing No. 30/2004/QH11.

Article 3. This Law takes effect from January 1, 2009.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam at its twelfth session, third meeting, on June 3, 2008./.