Circular No. 13/2008/TT-BTTTT guiding the establishment and operation of representative offices and resident correspondents within the country of press agencies.

CIRCULAR

Guidelines for the establishment and operation of representative offices and permanent correspondents within the country of press agencies

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Pursuant to the Press Law dated December 28, 1989 and the Law Amending and Supplementing Certain Provisions of the Press Law dated June 12, 1999;

Pursuant to Decree No. 51/2002/NĐ-CP dated April 26, 2002 of the Government detailing the implementation of the Press Law, the Law Amending and Supplementing Certain Provisions of the Press Law;

Pursuant to Decree No. 187/2007/NĐ-CP dated December 25, 2007 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications.

The Minister of Information and Communications hereby issues guidelines for the establishment and operation of representative offices and permanent correspondents of press agencies within the country as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

1. Scope and Objectives

These guidelines provide guidance on the establishment and operation of representative offices and permanent bureaus (hereinafter referred to collectively as representative offices) of Vietnamese press agencies in provinces and centrally-administered cities in Vietnam (hereinafter referred to as localities).

2. Explanation of terms

a) A representative office is a unit subordinate to a press agency with a stable headquarters, personnel managed and directed by a person responsible for conducting journalism activities at a locality where the press agency does not have its main headquarters.

b) A permanent correspondent is a journalist dispatched by a press agency to conduct journalism activities at a locality within a representative office or independently.

II. SPECIFIC PROVISIONS

1. Conditions for establishing a representative office

A press agency wishing to establish a representative office in a locality must meet the following conditions:

a) Having a stable headquarters for the representative office for three (03) years or more;

b) Possessing technical equipment and financial resources to ensure the operations of the representative office;

c) Having personnel headed by a Director of the representative office who is responsible for managing all activities of the representative office.

The Director of the representative office must be a regular employee of the press agency and hold a Journalist Card.

2. Standards for permanent correspondents

Permanent correspondents (within representative offices or operating independently) must be regular employees of the press agency or be hired under an indefinite-term labor contract in accordance with the Labor Code; they must hold a Journalist Card issued by the press agency requesting to establish a representative office or dispatch a permanent correspondent; they must possess political integrity, professional competence, and not have been disciplined with a warning or higher penalty within one year prior to the press agency's application to establish a representative office or dispatch a permanent correspondent.

3. Documents and procedures for establishing a representative office

A press agency wishing to establish a representative office in localities must submit an application for establishment to the Department of Information and Communications in the locality where it intends to set up the representative office.

The application must fully reflect the requirements stated in Clauses 1 and 2 of this section, including:

a) A request for permission to establish a representative office with the approval of the press agency’s management body;

b) A certified copy of the Press Operation Permit;

c) Curriculum vitae of the person appointed as the head of the representative office and permanent correspondents;

d) A list of personnel of the representative office;

đ) Regulations on the duties, powers, and responsibilities of the representative office;

e) A certified copy of the Journalist Card of the head of the representative office and permanent correspondents.

Within thirty days from the date of receipt of a complete application, the Department of Information and Communications must issue a written response allowing the press agency to establish and organize the operations of the representative office in the locality. In case of disagreement, a written response stating the reasons must be provided.

4. Operations of Representative Offices and Permanent Correspondents

a) A representative office may only operate after receiving written approval from the Department of Information and Communications in the locality where the representative office is established;

b) The operations of representative offices and permanent correspondents must comply with the tasks, powers, and responsibilities assigned by the press agency and adhere to laws and regulations governing the press and other relevant laws;

c) Representative offices and permanent correspondents are directly managed by the press agency and subject to state management over the press by the competent state management body in the locality where the representative office is established or where permanent correspondents are dispatched.

5. Suspension of Operations of Representative Offices and Permanent Correspondents

a) Representative offices and permanent correspondents must cease operations immediately upon the suspension of operations or revocation of the press agency's permit or the revocation of the Journalist Card (of independent permanent correspondents) according to the decision of the Ministry of Information and Communications;

b) A representative office will have its establishment approval revoked and be suspended when there is serious violation of laws by the representative office or permanent correspondent in the locality.

6. Notification of Establishment and Suspension of Operations of Representative Offices; Dispatch and Suspension of Operations of Permanent Correspondents

a) Within fifteen days from the date of receiving written approval for establishment or suspension of operations of the representative office from the Department of Information and Communications in the locality where the press agency establishes the representative office, or when the representative office ceases operations in the locality, the press agency must notify in writing the Ministry of Information and Communications.

b) Within fifteen days from the date of dispatching a permanent correspondent or suspending their operations or ceasing operations in the locality, the press agency must notify in writing the Department of Information and Communications in the locality where the press agency dispatches the permanent correspondent and the Ministry of Information and Communications. The notification must clearly state the name, date of birth, and Journalist Card number of the permanent correspondent.

III. IMPLEMENTATION

1. These guidelines shall take effect fifteen days from the date of publication in the Official Gazette.

2. During implementation, if any issues arise, they should be promptly reported to the Ministry of Information and Communications for consideration and resolution./.