Circular No. 16/2010/TT-BTTTT detailing and guiding the issuance of permits for print press activities, publication of supplementary issues, publication of supplements, and publication of special editions

CIRCULAR

Regulations on detailed provisions and guidance for issuing permits for print press activities, publishing supplementary issues, publishing supplements, and publishing special editions.

_____________________________________________________

Based on the Press Law and the Law amending and supplementing certain articles of the Press Law dated June 12, 1999;

Based on Decree No. 51/2002/NĐ-CP dated April 26, 2002 of the Government detailing the implementation of the Press Law and the Law amending and supplementing certain articles of the Press Law;

BASED ON THE GOVERNMENT DECREE NO. 187/2007/NĐ-CP OF DECEMBER 25, 2007 ON THE FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF INFORMATION AND COMMUNICATIONS;

The Ministry of Information and Communications guides the issuance of permits for print press activities as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular details and guides the issuance of permits for print press activities, publishing supplementary issues, publishing supplements, and publishing special editions according to Article 19 and Article 21 of the Press Law and Article 13 and Article 14 of Decree No. 51/2002/NĐ-CP dated April 26, 2002 of the Government detailing the implementation of the Press Law and the Law amending and supplementing certain articles of the Press Law.

Article 2. Subjects requesting permission to operate print press activities.

Organizations of the Party, state agencies, social organizations (collectively referred to as organizations) that meet the conditions may apply for permission to operate print press activities.

Agencies and organizations applying for permission to operate print press activities collectively are referred to as the main managing agencies of the press.

Article 3. Authority to issue permits for print press activities.

1. The Minister of Information and Communications shall issue permits for operating print press activities in accordance with the law and this Circular.

2. The Director of the Press Department shall issue permits for publishing special editions and permits for publishing supplements for press agencies and organizations in accordance with the law and this Circular.

Article 4. Effectiveness of the permit

1. A permit for operating print press activities is valid for ten (10) years from the date of issuance.

2. The validity period of a permit for publishing special editions, supplementary issues, and supplements is specified by the competent state management agency for the press in each individual permit.

3. If a press agency does not publish a press publication within ninety (90) days from the effective date of the permit for operating print press activities, the permit will lose its validity.

4. If an organization fails to publish a special edition within the term specified on the permit, the permit will lose its validity.

Chapter II

ISSUING PERMITS FOR PRINT PRESS ACTIVITIES

Article 5. Conditions for Issuing Permits for Print Press Activities.

1. It must be consistent with the approved print press planning scheme by the competent state authority.

2. Personnel conditions:

a) There must be individuals meeting the following conditions to appoint as chief editor and deputy chief editor of the press agency:

- Hold a bachelor's degree or higher;

- Have a high-level political theory qualification or higher;

- Have completed training in press management provided by the Ministry of Information and Communications and obtained a certificate;

- Hold a valid journalist card issued by the competent authority;

- Not currently serving a disciplinary sanction of reprimand or higher;

- For religious organizations, basic science research institutes specializing in certain fields applying for permission to operate print press activities and other special cases, the decision will be made by the Ministry of Information and Communications.

b) There must be sufficient number of editorial staff and reporters based on the organizational structure and staffing of the press agency as stipulated by the main managing agency.

c) In cases where the press agency uses foreign languages or ethnic minority languages of Vietnam to convey information, there must be sufficient reporters and editors proficient in those languages to ensure publication, and there must be leadership of the press agency or members of the Editorial Board authorized by the leadership who are proficient in foreign languages or ethnic minority languages used by the press agency to take responsibility for the content of the publication.

3. Conditions regarding material resources and finance:

a) Possess a headquarters or lease agreement for a headquarters with an area ensuring the operation of the press agency;

b) Possess adequate equipment to ensure the operation of the press agency.

c) Demonstrate sufficient financial resources to ensure the publication of press publications (Economic justification, budget estimate of the press agency's operations, and proof of sufficient financial resources to meet the budget estimate).

Article 6. Documents and procedures for issuing permits for printed press activities

1. Agencies and organizations applying for permits for printed press activities shall submit two (02) sets of documents to the Ministry of Information and Communications (Press Department). The documents include:

a) Application form for obtaining a permit for printed press activities (Form No. 1);

b) Project on printed press activities of the main managing press agency, which must include the following contents:

- Necessity and legal basis;

- Proof of meeting all conditions stipulated in Clause 5 of this Circular;

- Name of the press agency;

- Structure and main content of information (aims and purposes, language used, main contents in the publication, publication period, scope...);

- Distribution methods.

c) List of proposed key leaders of the press agency (Form No. 2);

d) Brief resumes of individuals proposed to be leaders of the press agency (chief editors, deputy chief editors) (Form No. 3).

đ) Certificate from the Provincial Department of Information and Communications (hereinafter referred to as the Provincial Department of Information and Communications) confirming that the agency has met the conditions for operating a press (for agencies and organizations applying for permission at provincial level cities directly under the central government).

g) Sample layout of the name of the printed press publication (mang-set).

2. The Ministry of Information and Communications shall be responsible for examining and deciding on the issuance of permits for press activities (Form No. 6). In case of refusal to issue a permit, the Ministry of Information and Communications shall reply in writing within thirty (30) days from the date of receipt of the application documents, stating the reasons.

Article 7. Changing contents of the permit for printed press activities

1. Press agencies wishing to change the contents recorded in the permit for printed press activities as prescribed in Clause 4, Article 14 of Decree No. 51/2002/ND-CP shall submit one (01) set of application documents for the permit to the Ministry of Information and Communications (Press Department). The documents include:

a) A request letter from the managing agency of the press;

b) Certificate from the Provincial Department of Information and Communications confirming that the agency meets the conditions for operation according to the changed content (for press agencies in provincial level cities directly under the central government);

Within thirty (30) days from the date of receipt of valid documents, the Ministry of Information and Communications shall be responsible for examining and deciding on the issuance of the permit (Form No. 7); in case of refusal to issue a permit, the Ministry of Information and Communications shall reply in writing, stating the reasons.

2. Press agencies wishing to change the contents as prescribed in Clause 6, Article 14 of Decree No. 51/2002/ND-CP shall submit to the Ministry of Information and Communications (Press Department) the following documents:

a) Document proposing changes from the press agency;

b) Sample layout of the proposed new name (for cases where the press agency requests to change the presentation of the newspaper name)

Within thirty (30) days from the date of receipt of the document from the press agency, the Ministry of Information and Communications shall be responsible for replying in writing about agreement or disagreement with the change.

Article 8. Reissuing permits for printed press activities

1. Before ninety (90) days from the expiration date of the permit for printed press activities, if the press agency wishes to continue its operations, the main managing press agency shall submit one (01) set of documents requesting reissue of the permit to the Ministry of Information and Communications (Press Department). The documents include:

a) A request letter from the managing agency of the press;

b) Certificate from the Provincial Department of Information and Communications confirming that the agency has met the conditions for operating a press (for press agencies in provincial level cities directly under the central government).

c) Copy of the permit for printed press activities and amendments to the permit issued by the press agency and approved by the Ministry of Information and Communications.

2. Within thirty (30) days from the date of receipt of valid documents, the Ministry of Information and Communications shall be responsible for examining and deciding on the reissuance of the permit; in case of refusal to issue a permit, the Ministry of Information and Communications shall reply in writing, stating the reasons.

3. If the request for reissuing the permit for printed press activities includes a request to change the name, aims, purposes, or publication format, the application shall be processed as a new permit application.

Article 9. Publishing Supplement Numbers

1. Press agencies wishing to publish supplement numbers not covered by their existing press operation licenses shall submit one set of application files for issuance of such license to the Ministry of Information and Communications (Press Department). The file includes:

a) A request letter from the managing agency of the press;

b) Proposal for publishing supplement numbers:

- Necessity and legal basis;

- Fully demonstrating compliance with conditions for publishing supplement numbers;

- Name of supplement number;

- Structure and main content (editorial policy, language used, key contents in the publication, publication period, scope ...)

- Distribution methods.

c) Application form for issuing license to publish supplement numbers (Form No. 4);

d) Certificate from the Provincial Department of Information and Communications confirming compliance with conditions for publishing supplement numbers (for press agencies located in provinces and centrally-run cities);

đ) Sample layout of the name of supplement number (mang-set);

2. Within thirty (30) days from the date of receipt of valid application files, the Ministry of Information and Communications shall be responsible for examining and deciding on the issuance of the license to publish supplement numbers (Form No. 8); in case of non-issuance, the Ministry of Information and Communications shall reply in writing and specify the reasons.

3. Content to be recorded on the first page and inside pages of the supplement number shall comply with the provisions of Article 15 of Decree No. 51/2002/NĐ-CP.

Article 10. Publishing Supplements

1. Press agencies wishing to publish supplements shall submit one set of application files for issuance of such license to the Press Department, Ministry of Information and Communications. The file includes:

a) A request letter from the managing agency of the press;

b) Proposal for publishing supplements:

- Necessity and legal basis;

- Fully demonstrating compliance with conditions for publishing supplements;

- Name of supplement;

- Structure and main content (editorial policy, language used, key contents in the publication, publication period ...).

- Distribution methods.

c) Application form for issuing license to publish supplements (Form No. 4);

d) Certificate from the Provincial Department of Information and Communications confirming compliance with conditions for publishing supplements (for press agencies located in provinces and centrally-run cities);

đ) Sample layout of the name of supplement (mang-set);

2. Within thirty (30) days from the date of receipt of valid application files, the Press Department shall be responsible for examining and deciding on the issuance of the license to publish supplements (Form No. 9); in case of non-issuance, the Press Department shall reply in writing and specify the reasons.

3. Content to be recorded on the first page and inside pages of the supplement shall comply with the provisions of Article 15 of Decree No. 51/2002/NĐ-CP.

Article 11. Publishing Special Editions

1. Agencies and organizations wishing to publish special editions shall submit one set of application files for issuance of such license to the Press Department, Ministry of Information and Communications. The file includes:

a) Application form for issuing license to publish special editions (Form No. 5);

b) Sample layout of the name of special edition (mang-set);

c) Certificate from the Provincial Department of Information and Communications confirming compliance with conditions for publishing special editions (for agencies and organizations located in provinces and centrally-run cities);

2. Within thirty (30) days from the date of receipt of valid application files, the Press Department shall be responsible for examining and deciding on the issuance of the license to publish special editions (Form No. 10); in case of non-issuance, the Press Department shall reply in writing and specify the reasons.

Chapter III

IMPLEMENTING PROVISIONS

Article 12. Issuing Forms

Issued together with this Circular are the following forms:

1. Form No. 1: Application form for issuing press operation license for printed press

2. Form No. 2: List of proposed key leaders of press agencies

3. Form No. 3: Curriculum vitae of proposed leaders of press agencies

4. Form No. 4: Application form for issuing license to publish supplement numbers and supplements

5. Form No. 5: Application form for issuing license to publish special editions

6. Form No. 6: Press operation license for printed press

7. Form No. 7: License to amend and supplement provisions in the press operation license for printed press

8. Form No. 8: License to publish supplement numbers

9. Form No. 9: License to publish supplements

10. Form No. 10: License to publish special editions

Article 13. Effective Date

1. This Circular takes effect from October 1, 2010.

2. Press management agencies and press agencies shall fully implement legal regulations and press operation licenses; violations will be handled according to regulations and may result in revocation of the press operation license.

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