Decree No. 18-SL On the Rules for Retention of Cultural Products within Vietnam

DECREE

Rules for the Registration of Cultural Products in Vietnam

CHAIRMAN OF THE PROVISIONAL GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF VIETNAM

Considering that the storage of cultural products is necessary for the country from a cultural perspective;

Pursuant to the proposal of the Minister of National Education.

ISSUES THE DECREE:

Chapter 1:

ORGANIZATION OF THE REGISTRATION OF CULTURAL PRODUCTS

Article 1: Throughout the entire territory of Vietnam, the following cultural products, whether distributed free of charge, sold, or rented, must be submitted according to the "Registration of Cultural Products" regulations:

1) printed works: books, newspapers, magazines, printed drawings, engravings, photo cards, maps, etc...

2) musical works (sheet music, songbooks)

3) photographs

4) film

5) phonograph records

Article 2: The following printed items are not subject to the regulations mentioned in Article 1:

1) Common household paper such as letterhead stationery with address and title, business cards, invitations, envelopes with titles, etc...

2) Common commercial paper such as price lists, orders, receipts, labels, sample ledgers, writing paper and envelopes with business names printed on them;

3) Common office paper used in public and private sectors; ledgers, writing paper and envelopes printed

4) Ballot papers, banknotes, etc...

Article 3: A national registration of cultural products will be established in Vietnam, with the following tasks:

1) To collect the cultural products listed in Article 1;

2) To store these items as materials for the national cultural foundation.

Chapter 2:

REGISTRATION OF CULTURAL PRODUCTS

Article 4. The following persons must comply with the "Registration of Cultural Products" rules:

1) Printers or producers must submit two copies of their own printed or produced works.

2) Publishers must submit eight copies of their published cultural products.

Printers or publishers must maintain a number of ledgers in which they record the cultural products they print, produce, or publish, in numerical order with dates beside them.

Article 5. On each copy of the cultural product submitted to the Registration Office of Cultural Products, the following must be recorded:

1) name of the printer or producer

2) place of residence of the printer or producer

3) date of printing, production, or publication

4) the registration mark "Registered Cultural Product" with the submission date noted

5) the serial number in the ledger referred to in paragraph 3 of Article 4

When an author publishes their own work, they do not need to provide the serial number mentioned above, but must add: "Published by the Author"

Each time a cultural product is reprinted, in addition to the information provided above, the date of the first submission must also be recorded on the copies submitted.

Any type of photograph, when printed for distribution, sale, or rental for reproduction, must bear the name or mark of the author and the release date. Copies submitted to the Registration Office of Cultural Products must be identical to the original.

Film copies submitted to the Registration Office of Cultural Products must be identical to those shown to the public.

Chapter 3:

RULES FOR PRINTERS OR PRODUCERS TO FOLLOW

Article 6. Printers or producers must submit cultural products immediately upon completion. They can either deliver them personally to the Registration Office of Cultural Products or send them via the Post Office using registered mail without paying postage.

If a cultural product requires the joint effort of multiple printers or producers, the person responsible for submitting it to the Registration Office of Cultural Products is the last one to complete it before handing it over to the publisher.

Article 7. Copies submitted by printers and producers will be received and stored by the National Registration Office of Cultural Products in Hanoi.

Article 8. For reprints, deluxe editions, prints, and engravings not exceeding 300 copies, printers or producers only need to submit one copy.

Phonograph records, films, and musical scores only need to be submitted once.

Article 9. Whenever a printer or producer submits a cultural product, they must include a declaration form as follows (Form 1):

1) Name of the printer or producer

2) Title of the cultural product being submitted

3) Number of copies issued

4) Name and surname of the author, if there is a pen name or wishes to remain anonymous, this must be clearly stated

5) Name, place of residence, and occupation of the person who commissioned the printing

6) Date the cultural product was completed

7) Serial number in the ledger of the printer or producer referred to in Article 4

If submitted to the National Registration Office of Cultural Products, the declaration form should be made in duplicate, one copy signed and returned to the submitter as a receipt.

If submitted to the Central or Southern Regional Registration Office of Cultural Products, the declaration form should be made in triplicate, one copy kept locally, one sent to the National Office, and one returned to the submitter.

Printers of newspapers or magazines may submit a declaration form along with the final issue of the year, including all ledgers submitted during the previous year.

Sculptors and photographers who gradually print their works for sale or rental must indicate on the declaration form that the number of copies issued is uncertain.

Chapter 4:

RULES FOR PUBLISHERS TO FOLLOW

Article 10. Individuals, associations, federations, trading or industrial companies, public or private offices, main agents of foreign book imports, selling, distributing, or renting cultural products are considered publishers.

Defined in this way, authors who self-publish their works are also considered publishers.

These individuals or entities must submit eight copies of the cultural products they publish, which can be delivered directly to the Registration Office of Cultural Products or sent via the Post Office using registered mail without paying postage.

This submission must be done prior to selling, distributing free of charge, or renting. Musical scores can be submitted within three months.

Reprints, deluxe editions, prints, and engravings not exceeding 300 copies only need to be submitted three times.

Phonograph records must be submitted three times

Films must be submitted twice

Scores issued less than ten copies must be submitted once

Article 11. Publishers must include a declaration form as follows (Form 2) whenever they submit a cultural product:

1) Title of the cultural product being submitted

2) Name of the author, name of the printer or producer, and name of the publisher

3) Date of sale, distribution, or rental

4) Price

5) Number of copies issued

6) Size of the cultural product measured in centimeters

7) Number of pages and illustrations

8) Completion date

9) Serial number in the ledger of the publisher referred to in Article 4.

The method of filling out the declaration form is as specified in Article 9.

Publishers of newspapers or magazines may submit a declaration form along with the final issue of the year, including all issues submitted during the previous year. However, when a new newspaper or magazine is launched, the declaration form must be submitted immediately with the first issue. Whenever there is a change in the format (size, address, printer, frequency, editor-in-chief, management, etc.) of a newspaper or magazine, a declaration form must be submitted immediately.

Article 12. The copies submitted by publishers shall be distributed as follows:

2 copies to be stored at the National Public Records Office and National Library

2 copies to be stored at the Central Public Records Office and Central Library

2 copies to be stored at the Southern Public Records Office and Southern Library

2 copies for cultural exchange with foreign countries, managed by the National Public Records Office and National Library

Cultural products reprinted as beautiful editions, records, and films shall only be stored at the National Cultural Products Storage Office.

Chapter 5:

PENALTY

Article 13. If a printer, manufacturer, or publisher fails to submit their work or does not submit the required number of copies as stipulated in Articles 4, 8, and 10, after the Cultural Products Storage Office has sent a demand letter and found it ineffective, then one month later, the office has the right to purchase the unsubmitted or insufficiently submitted cultural products, with the cost borne by the printer, manufacturer, or publisher.

After purchasing and receiving them, the Cultural Products Storage Office will send an invoice to the printers, manufacturers, or publishers for payment. If they refuse to pay, the matter will be referred to court according to the law.

The above regulations are valid for a period of 10 years from the date of publication of the cultural product. Within this period, if there is a demand letter, the ten-year period will start from the date of sending the demand letter.

If the collection of money from printers, manufacturers, or publishers is unsuccessful for any reason, the cost of purchasing the unsubmitted or insufficiently submitted cultural products will be borne by the agencies mentioned in Article 12, depending on the number of copies received.

Article 14. Those who intentionally fail to submit cultural products produced by themselves shall be fined between 100 and 500 dong. For repeat offenses, the fine shall be between 500 and 2,000 dong. In addition to the fine, they must also pay the cost of purchasing the unsubmitted or insufficiently submitted copies.

Furthermore, copies of cultural products sold, distributed free, or rented illegally may be confiscated.

The enforcement of the above penalties is valid for a period of three years from the date of the judgment announcement.

Chapter 6:

ADDITIONAL PROVISIONS

Article 15. The Cultural Products Storage Regulations do not affect other laws regarding the press (censorship, propaganda).

Apart from the copies submitted to the Cultural Products Storage Office, books and newspapers must still comply with submission regulations to the Court, Censorship Office, Propaganda Department, Press Bureau, etc.

Article 16. The declarant, author, printer, manufacturer, publisher, or successor has the right to visit the Cultural Products Storage Office to view and copy the declarations submitted under Articles 9 and 11.

Article 17. The organization of Cultural Products Storage Offices shall be determined by the Minister of National Education.

Article 18. All previous Cultural Products Storage Regulations implemented before this Decree are abolished.

Article 19. The Ministers of Justice, Internal Affairs and Communications, and National Education are responsible for implementing this Decree.

SAMPLE DECLARATION FORM

FORM NO. 1

NATIONAL PUBLIC RECORDS AND NATIONAL LIBRARY CULTURAL PRODUCTS STORAGE
DECLARATION OF THE PRINTER OR MANUFACTURER

1) Name and address of the printer or manufacturer

2) Title of the cultural product (book, newspaper, magazine, photograph, print, etc.)

3) Number of copies issued (or unspecified issue number)

4) Author's name and surname (or pen name, real name, or anonymous)

5) Name, address, and occupation of the person renting printing or manufacturing services

6) Date of completion of the cultural product

7) Serial number in the printer or manufacturer's book.

FORM NO. 2

NATIONAL PUBLIC RECORDS AND NATIONAL LIBRARY
Cultural Products Storage
DECLARATION OF THE PUBLISHER

1) Title of the cultural product (book, newspaper, magazine, photograph, print, etc.)

2) Author's name:

- Printer or manufacturer

- Publisher

3) Date of sale, distribution, or rental

4) Price of the cultural product

5) Number of issues (or unspecified issue number)

6) Size of the cultural product measured in centimeters

7) Number of pages and illustrations

8) Date of completion of the cultural product

9) Serial number in the publisher's book