JOINT CIRCULAR No. 16/2009/TTLT-BTTTT-BCA ON COOPERATION IN THE PREVENTION AND CONTROL OF ILLEGAL PRINTING

JOINT CIRCULAR

On cooperation in preventing and combating illegal printing

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Pursuant to the Publishing Law No. 30/2004/QH11 dated December 3, 2004, and the Law Amending and Supplementing Certain Articles of the Publishing Law No. 12/2008/QH12 dated June 3, 2008, and guiding documents thereunder;

Pursuant to Decree No. 105/2007/NĐ-CP dated June 21, 2007 of the Government on printing activities of products that are not publications;

Pursuant to Decree No. 08/2001/NĐ-CP dated February 22, 2001 of the Government on conditions for security and public order for certain business sectors subject to conditions;

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;

Pursuant to Decree No. 136/2003/NĐ-CP dated November 14, 2003 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Public Security,

The Ministry of Information and Communications and the Ministry of Public Security jointly stipulate the relationships of cooperation in preventing and combating illegal printing; inspecting, supervising, and handling violations in printing activities as follows:

I. GENERAL PROVISIONS

This Circular applies to units under the Ministry of Education and Training; departments of education and training, education and training divisions; preschool education institutions, general education institutions, regular education institutions, teacher training colleges, college of education, universities, universities, academies, other educational institutions, and related organizations and individuals (hereinafter referred to collectively as agencies and units).

a) This Circular prescribes the organization and implementation of state management over printing activities; prevention and combating of illegal printing.

b) Agencies and units under the Ministry of Information and Communications, the Ministry of Public Security, and organizations and individuals participating in printing activities are subject to this Circular.

2. Tasks of Cooperation

Based on their functions and tasks as prescribed by law, the two ministries of Information and Communications and Public Security shall cooperate in organizing propaganda, training, and enhancing legal knowledge; exchanging information; inspecting, supervising, and handling violations in printing activities to ensure the legitimate rights and interests of organizations and individuals participating in printing activities. Such cooperation shall be carried out through inter-ministerial teams established pursuant to this Circular.

II. RESPONSIBILITIES, SCOPE AND CONTENT OF COOPERATION

1. Cooperation in organizing propaganda, training, and enhancing legal knowledge

a) The Ministry of Information and Communications shall direct provincial-level information and communication departments and mass media agencies; the Ministry of Public Security shall direct provincial-level public security organs (hereinafter referred to collectively as provincial level) to organize propaganda and dissemination of legal provisions on printing activities through various forms to all relevant parties to implement them, mobilize the people to enhance vigilance, detect signs of violations of laws on printing activities, and report to competent authorities.

b) Annually, organize training courses to enhance legal knowledge on printing and anti-illegal printing work for relevant officials and organizations and individuals participating in printing activities.

2. Specific responsibilities in anti-illegal printing work

a) Responsibilities of the Ministry of Information and Communications

- When discovering violations in printing activities, take proactive measures to prevent and handle them within its authority. For violations related to security and public order, immediately notify the public security organs.

- Upon receiving information and materials provided by public security organs, promptly verify and handle them to timely prevent illegal acts in printing activities.

- Proactively or through inter-ministerial teams, coordinate with public security organs to conduct regular or surprise inspections of printing activities, promptly detect and strictly handle violations according to the law.

b) Responsibilities of the Ministry of Public Security

- Public security organs with authority over national security and public order in printing activities shall proactively collect information and materials, investigate and handle violations according to the law; exchange and provide information on violations to the competent authorities for information and communications to facilitate joint handling.

- Coordinate with the competent authorities for printing activities to organize inter-ministerial teams to conduct regular or surprise inspections of organizations and individuals engaged in printing activities.

c) Functional agencies of the Ministry of Information and Communications and the Ministry of Public Security shall proactively coordinate with related sectors such as market management, taxation, customs, business registration authorities, and local governments to effectively carry out anti-illegal printing work.

3. Inter-ministerial cooperation at central and local levels in inspection and handling of violations

a) The Inspectorate of the Ministry of Information and Communications shall lead and coordinate with the Publishing Department, the Internal Security Protection Bureau, and Cultural-Thought Affairs Bureau, and the Administrative Management Bureau for Social Order to organize inter-ministerial forces to conduct regular or surprise inspections and handle violations of laws in printing activities nationwide.

b) Provincial-level information and communications departments shall lead and coordinate with provincial-level public security organs (Internal Security Protection Bureau and Cultural-Thought Affairs Bureau, Administrative Management Bureau for Social Order) to organize inter-ministerial forces to conduct inspections, supervision, and handling of violations of laws in printing activities locally.

c) Widely announce on mass media the organizations and individuals violating laws in printing activities.

4. Responsibilities of organizations and individuals participating in printing activities

a) Organizations and individuals participating in printing activities must have the responsibility to cooperate and collaborate with the competent authorities for printing activities to proactively prevent and combat illegal printing.

b) Comply fully with the provisions of the law in printing activities:

- Printing establishments may only operate when they possess all legal documents: business registration certificate for printing, printing operation permit (for printing establishments requiring permits), and a document confirming compliance with security and public order conditions issued by the competent public security organ.

- Individuals placing orders for printing must present legal documents: publishing decision or publishing permit for products requiring a publishing permit; approval document from the competent specialized administrative agency for products requiring an agreement as prescribed by law.

- Enter into printing contracts that accurately reflect the contents stated in the publication decision or the publication permit. For printed products not subject to a publication decision, publication permit, or agreement, the printing contract must fully provide information about such products along with a copy of the business registration certificate for the relevant industry; specifically, for products listed in the mandatory quality registration or conformity certification to Vietnamese Technical Standards (TCVN) or production permits issued by competent authorities on science and technology, pharmaceuticals, medicines, and food, a certified copy of such documents must be attached.

- Register all product information for printed items in the printing facility's management logbook to facilitate inspection and supervision by relevant authorities.

c) Upon discovering that the content of the printed or duplicated product violates Article 10 of the Publishing Law, the head of the printing facility must promptly report to the state management agency for publishing and the public security authority.

III. IMPLEMENTATION

1. This Circular takes effect 45 days from the date of issuance.

The Ministry of Information and Communications assigns the Ministry Inspectorate, the Publishing Department; the Ministry of Public Security assigns the Internal Security Protection Bureau and Cultural-Thought Bureau, and the Administrative Management Police Department for Social Order to take responsibility for advising and assisting the Minister in developing plans to prevent and combat illegal printing and directing provincial Departments of Information and Communications and Public Security to implement them.

2. Establish an inter-ministerial team to prevent and combat illegal printing at the central level: The Ministry of Information and Communications will appoint officials from the Ministry Inspectorate and the Publishing Department; the Ministry of Public Security will appoint officials from the Internal Security Protection Bureau and Cultural-Thought Bureau, and the Administrative Management Police Department for Social Order to join the inter-ministerial team. The decision on establishment, organization, and operational funding of the inter-ministerial team shall be made by the Minister of Information and Communications. The permanent office of the inter-ministerial team shall be located at the Ministry of Information and Communications.

3. The Director of the Department of Information and Communications shall advise the Chairman of the Provincial People's Committee to issue a decision establishing an inter-departmental team to prevent and combat illegal printing at the local level, consisting of officials from the Department of Information and Communications, provincial police, and related agencies. The operational funding for the inter-departmental team shall be allocated from the provincial budget assigned to the Department of Information and Communications.

4. Inter-departmental forces from the central to local levels must closely coordinate and promptly exchange information regarding violations of laws concerning printing activities. The provincial inter-departmental teams shall report their results every six months to the Ministry of Information and Communications (inter-departmental permanent office). Annually, inter-departmental forces at all levels shall conduct summaries and draw lessons from their cooperative inspection, supervision, and handling of violations, and propose plans for inter-departmental inspections in the following year, recommending commendations for individuals and groups with outstanding achievements in preventing and combating illegal printing.

5. During implementation, if there are any difficulties, relevant state management agencies and organizations and individuals involved in printing activities shall promptly reflect these issues to the Ministry of Information and Communications./.