Law on Publishing No. 19/2012/QH13 stipulates the organization and operation of publishing, rights and obligations of participating parties. This Law applies to both domestic and foreign activities within the territory of Vietnam. Publishing activities include printing, distribution, and electronic publishing. The Law also provides for state management, supportive policies, prohibition of content violating laws, penalties for violations, and specific regulations for each field such as publishers, printing, distribution, and electronic publications.
适用范围
Agencies, organizations, individuals within the country, foreign organizations operating within the territory of Vietnam, and foreign individuals residing in Vietnam that are related to publishing activities.
要点
- Publishers must be established according to the provisions on organizational form, conditions, and procedures for obtaining a license. The General Director (Director) and Chief Editor must meet specific standards.
- Works and materials must be registered for publication before printing or reprinting. Publishers may not engage in preliminary editing of works containing content on political theory, history, religion, national sovereignty, or memoirs.
- Printing facilities may only print publications after obtaining a permit for printing publication activities and complying with the conditions for accepting printing jobs. Overseas printing jobs must be permitted.
- Publication distribution outlets must register their operations with the competent state management agency for publication activities and comply with regulations regarding the content and lawful origin of publications.
- Electronic publications must go through a publisher or obtain a publication permit as prescribed. Publishers and distribution organizations must adhere to technical standards and technical guidelines.
🌐 本文件的社会影响
- Positive impact: Support the development of the publishing industry through supportive policies, creating favorable conditions for businesses to participate. Enhance international cultural exchange and economic-social development.
- Negative impact: May cause administrative difficulties for businesses when implementing licensing and registration requirements. Time is needed to adapt to new regulations.
❓ 常见问题
What standards must be met for a publisher to be established?
A publisher must have a mission, purpose, function, and tasks consistent with its supervising authority; at least five full-time editors; and other conditions as prescribed by law.
Which works need to be registered before printing or reprinting?
Works and materials published before August Revolution 1945; works and materials published from 1945 to 1954 in areas temporarily occupied; and works and materials published abroad need to be registered before printing or reprinting.
What conditions must a printing facility meet to operate?
The head of a printing facility must be a Vietnamese citizen residing in Vietnam; have suitable production space and equipment; ensure security, order, and environmental hygiene.
Which works may not be preliminarily edited by a publisher?
Publishers may not engage in preliminary editing of works containing content on political theory; history, religion, national sovereignty, or memoirs.
With which agency must a publication distribution outlet register its operations?
Before operating, a distribution outlet, whether a business or a public service unit, must register its publication distribution activities with the Ministry of Information and Communications or the People's Committee of the province.
全文
LAW
Publishing Law
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BASED ON THE CONSTITUTION OF THE SOCIALIST REPUBLIC OF VIETNAM IN 1992 AS AMENDED AND COMPLEMENTED BY RESOLUTION NO. 51/2001/QH10;
The National Assembly enacts the Publishing Law,
Chapter I GENERAL PROVISIONS
Article 1. Scope of Regulation
This Law stipulates on the organization and publication activities; rights and obligations of agencies, organizations, and individuals participating in publication activities. Publication activities include publishing, printing, and distribution fields.
Article 2. Applicability
This Law applies to agencies, organizations, and individuals within the country, foreign organizations operating in Vietnam's territory, and foreign individuals residing in Vietnam related to publication activities.
Article 3. Position and purpose of publication activities
Publication activities belong to the cultural and ideological field aimed at disseminating and introducing knowledge from various aspects of social life, national cultural values, and the finest cultural achievements of humanity, meeting the spiritual needs of the people, enhancing literacy, building good morals and lifestyles for Vietnamese people, expanding cultural exchanges with other countries, developing the economy and society, combating all thoughts and behaviors that harm national interests, contributing to the cause of building and defending the socialist Fatherland of Vietnam.
Article 4. Definitions
In this Law, the following terms shall be understood as follows:
1. Publishing is the act of organizing and exploiting manuscripts, editing them into sample copies for printing and distribution or for direct distribution through electronic means.
2. Printing is the act of using printing equipment to produce publications from sample copies.
3. Distribution is the act of conveying publications to users through one or more forms such as buying, selling, distributing, giving, lending, renting, exporting, importing, exhibitions, and fairs.
4. Publications are works and materials on politics, economics, culture, society, education and training, science, technology, literature, and art published through publishers or agencies and organizations licensed to publish in different languages, in images, sounds, and in the following forms:
a) Printed books;
b) Tactile books;
c) Paintings, photographs, maps, posters, leaflets, pamphlets;
d) Various types of calendars;
đ) Audio and video recordings containing content replacing or illustrating books.
5. Manuscript is a handwritten, typed, or electronically created version of a work or material intended for publication.
6. Editing is the act of reviewing and perfecting the content and form of a manuscript for publication.
7. Non-commercial materials are publications not used for buying or selling.
8. Electronic publishing is the act of organizing and exploiting manuscripts, editing them into sample copies, and using electronic means to create electronic publications.
9. Electronic publications are publications specified in points a, c, d, đ of Clause 4, Article 4 of this Law formatted digitally and read, listened to, or viewed through electronic devices.
10. Electronic means are devices operating based on electrical, electronic, digital, magnetic, wireless transmission, optical, electronic, or similar technologies as stipulated in Clause 10, Article 4 of the Electronic Transactions Law.
11. Methods of publishing and distributing electronic publications are the acts of publishing and distributing publications on electronic means.
12. Deposit and examination is the act of submitting publications for retention, comparison, inspection, and evaluation.
Article 5. Ensuring the right to disseminate works and protecting copyright and related rights
1. The State ensures the right to disseminate works in the form of publications through publishers and protects copyright and related rights.
2. The State does not pre-publish censorship of works.
3. No agency, organization, or individual may exploit the right to disseminate works to harm the State's interests or the legitimate rights and interests of agencies, organizations, and individuals.
Article 6. State Management of Publishing Activities
1. The content of state management of publishing activities includes:
a) Developing and implementing strategies, plans, policies for the development of publishing activities; issuing regulatory legal documents on publishing activities and copyright within such activities according to its authority;
b) Organizing reading, inspection, and evaluation of pre-publication publications;
c) Issuing and revoking various types of permits in publishing activities;
d) Conducting scientific research and applying technology in publishing activities; training and enhancing professional skills in publishing activities;
đ) International cooperation in publishing activities;
e) Inspecting, checking, resolving complaints and denunciations, and handling violations of laws in publishing activities;
g) Implementing information, reporting, statistical systems, and commendation and reward work in publishing activities; selecting and awarding prizes to high-value publications.
2. The Government uniformly manages state administration of publishing activities throughout the country.
The Ministry of Information and Communications is responsible before the Government for implementing state management of publishing activities.
Ministries and agencies at the level of ministries coordinate with the Ministry of Information and Communications to implement state management of publishing activities according to their authority.
Provincial People's Committees (hereinafter referred to as provincial-level People's Committees) implement state management of publishing activities at the local level.
Article 7. State Policies for Publishing Activities
1. The State has strategies and plans for developing networks of publishers, printing facilities, and distribution outlets for publications; supports training human resources; provides tax incentives according to the law for publishing activities; and implements policies to attract social resources to participate in publishing activities.
2. State policies for the field of publishing:
a) Supporting funding for construction and modernization of physical infrastructure, application, and transfer of advanced technology for publishers serving specified tasks, targets, and areas as stipulated in this point;
b) Commissioning works to produce manuscripts and publish works and materials serving political tasks, national security, defense, foreign information, ethnic minority groups, regions with particularly difficult socio-economic conditions, remote areas, mountainous regions, border areas, islands, children, and other important tasks;
c) Purchasing manuscripts for valuable works that are not suitable for publication at the current time or have limited users; supporting the purchase of copyrights for domestic and foreign works of value to serve economic, cultural, and social development;
d) Providing preferential interest rates on loans according to the law.
3. State policies for the field of printing publications:
a) Supporting funding for construction and modernization of physical infrastructure, application, and transfer of advanced technology for printing facilities serving political tasks, national security, defense, foreign information, and printing facilities in remote, mountainous, border, and island areas;
b) Providing land rental fee preferences and preferential interest rates on loans for printing facilities serving political tasks, national security, defense, foreign information, and printing facilities in remote, mountainous, border, and island areas.
4. State policies for the field of distributing publications:
a) Prioritizing investment in land funds and construction costs for physical infrastructure for distribution outlets in regions with particularly difficult socio-economic conditions, remote, mountainous, border, and island areas;
b) Supporting transportation fees for publications serving specified tasks, targets, and areas as stipulated in point b of Clause 2 of this Article;
c) Supporting funding for organizing cultural promotion activities, showcasing Vietnam through publications; organizing exhibitions and trade fairs for publications both domestically and internationally;
d) Providing land rental fee preferences and house rental fee preferences from state-owned properties; preferential interest rates on loans for distribution outlets for publications.
5. State policies for the publication and distribution of electronic publications:
a) Supporting funding for construction and modernization of physical infrastructure, application of advanced technology for publishers to produce electronic publications;
b) Building a system of descriptive data for electronic publications to facilitate searching, accessing, managing, and storing electronic publications.
6. The Government shall provide detailed regulations on this matter in accordance with each stage of development of publishing activities.
Article 8. Establishment of Representative Offices in Vietnam by Foreign Publishers and Distributors of Foreign Publishing Products
1. Foreign publishers and distributors of foreign publishing products (including enterprises and organizations established abroad engaged in multiple industries and fields including publishing and distribution of publishing products) may establish representative offices in Vietnam after obtaining a license from the Ministry of Information and Communications.
2. The Government shall provide detailed regulations on conditions for establishment, content of activities, procedures for issuance, renewal, reissue, and extension of licenses for establishing representative offices in Vietnam by foreign publishers and distributors of foreign publishing products.
Article 9. Complaints and Accusations in Publishing Activities
Complaints and accusations in publishing activities shall be carried out in accordance with the provisions of the law on complaints and accusations.
Article 10. Prohibited Contents and Actions in Publishing Activities
1. Strictly prohibited are the publication, printing, and distribution of publishing products containing the following contents:
a) Propaganda against the Socialist Republic of Vietnam; undermining the solidarity of the entire people;
b) Propaganda to incite war of aggression, hatred among ethnic groups and peoples of different countries; incitement of violence; dissemination of reactionary thoughts, decadent lifestyles, criminal acts, social evils, superstitions, and destruction of traditional customs and morals;
c) Disclosing state secrets, personal privacy, and other secrets as prescribed by law;
d) Distortion of historical facts, denial of revolutionary achievements; defamation of nationalities, national heroes; failure to reflect or incorrect reflection of national sovereignty; false accusation and defamation of the reputation of agencies and organizations and the honor and dignity of individuals.
2. Strictly prohibited are the following actions:
a) Publication without registration, without a decision on publication or without a publication permit;
b) Alteration or distortion of the content of manuscripts that have been approved or non-commercial manuscript materials bearing the stamp of the issuing authority;
c) Unauthorized reproduction, counterfeit printing, or illegal continuation of publishing products;
d) Distribution of publishing products without legitimate sources or without submission for deposit;
đ) Publication, printing, and distribution of publishing products that have been suspended, recalled, confiscated, banned, destroyed, or illegally imported;
e) Other prohibited actions as stipulated by law.
Article 11. Handling Violations in Publishing Activities
1. Organizations committing violations of this Law and other relevant laws shall be subject to administrative penalties depending on the nature and severity of the violation; if damage is caused, they must compensate according to the law.
2. Individuals committing violations of this Law and other relevant laws shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation; if damage is caused, they must compensate according to the law.
3. Publishing products that violate the law shall be suspended from circulation for a period of time and, depending on the nature and severity of the violation, must be corrected before being allowed to circulate again or shall be recalled, confiscated, banned, or destroyed.
4. Electronic publishing products that violate the law shall be removed from electronic media and shall be handled according to the provisions of Clause 3 of this Article.
5. Organizations and individuals infringing intellectual property rights in publishing activities shall be dealt with according to the provisions of the law on intellectual property.
6. State management agencies responsible for publishing activities shall bear responsibility for their decisions; in cases where erroneous decisions cause damage, compensation must be provided according to the law.
Chapter II PUBLISHING FIELD
Article 12. Subjects Establishing Publishing Houses and Types of Organizational Structures for Publishing Houses
1. The following agencies and organizations may establish publishing houses (hereinafter referred to collectively as the managing agency of the publishing house):
a) State agencies, political organizations, and political-social organizations at the central level and provincial level;
b) Public service units at the central level and political-social-professional organizations at the central level directly creating works and scientific and academic materials.
2. A publishing house shall be organized and operate under the form of a public service unit or a business entity with conditional commercial operations owned by the State.
Article 13. Conditions for Establishing Publishing Houses
The establishment of a publishing house must meet the following conditions:
1. Having objectives, purposes, functions, tasks, target audiences, and main publications that are consistent with the functions and tasks of the managing agency;
2. Having individuals who meet the criteria stipulated in Article 17 of this Law to appoint general directors (directors) and chief editors, and having at least five full-time editors;
3. Having headquarters, financial resources, and other necessary conditions to ensure the operation of the publishing house as prescribed by the Government;
4. Being consistent with the planning for developing the network of publishing houses approved by competent authorities.
Article 14. Issuance, Revocation of Licenses for Establishing Publishing Houses and Suspension of Their Operations
1. The managing agency of the publishing house prepares a dossier to request issuance of a license for establishing a publishing house and submits it to the Ministry of Information and Communications. The dossier for requesting a license includes:
a) A request for issuance of a license for establishing a publishing house;
b) A project for establishing a publishing house and documents proving compliance with all conditions stipulated in Article 13 of this Law.
2. Within thirty days from the date of receiving the complete dossier, the Ministry of Information and Communications must issue a license for establishing a publishing house; if not issuing the license, it must provide a written response stating the reasons.
3. After obtaining the license for establishing a publishing house, the managing agency issues a decision to establish the publishing house and prepares other necessary conditions for its operation. The publishing house operates in accordance with the contents recorded in the license for establishment.
4. A publishing house shall be suspended from operating for a limited period in the following cases:
a) After establishment and during the course of operation, the managing agency and the publishing house fail to meet the conditions stipulated in Clauses 1, 2, and 3 of Article 13 of this Law;
b) The publishing house does not comply with the contents recorded in the license for establishing a publishing house;
c) The publishing house violates regulations on publishing and is administratively punished to the extent that it must suspend its operations.
5. The license for establishing a publishing house shall be revoked in the following cases:
a) At the end of the suspension period, the causes leading to the suspension have not been remedied;
b) Within six months from the date of issuance of the license for establishing a publishing house, the managing agency has not issued a decision to establish the publishing house;
c) For twelve consecutive months, the publishing house has no publications submitted for deposit;
d) Failing to meet the conditions stipulated in Article 13 of this Law and causing serious consequences;
đ) Seriously violating other provisions of the law.
6. When the license for establishing a publishing house is revoked in the cases stipulated in Points a, c, d, and đ Clause 5 of this Article, the managing agency of the publishing house must dissolve the publishing house in accordance with the law.
Article 15. Issuing a new establishment permit for a publisher
1. Within thirty days from the date of occurrence of any of the following changes, the managing agency of the publisher must request the Ministry of Information and Communications to issue a new establishment permit for the publisher:
a) Change in the managing agency, name of the managing agency, and name of the publisher;
b) Change in the organizational form of the publisher;
c) Change in the mission, purpose, target audience, and main publications of the publisher.
2. The application for issuing a new establishment permit for the publisher shall include:
a) An application for issuing a new establishment permit;
b) The previously issued establishment permit for the publisher.
3. Within fifteen days from the date of receipt of complete files, the Ministry of Information and Communications must issue a new permit; in case of refusal to issue a new permit, it must provide a written response stating the reasons.
4. In case of change in the place of business, the publisher must notify the Ministry of Information and Communications in writing within seven working days from the date of change.
Article 16. Duties and powers of the managing agency of the publisher
1. Ensuring the conditions stipulated in Article 13 of this Law.
2. Appointing, dismissing, or removing leaders of the publisher as specified in Article 17 of this Law after obtaining approval from the Ministry of Information and Communications.
3. Directing the annual publication plan of the publisher.
4. Directing the implementation of the mission, purpose, and operational direction of the publisher; supervising the publisher's compliance with the establishment permit.
5. Inspecting and supervising the publisher's activities according to their authority.
6. Being responsible for any violations of the law by the publisher in its publishing activities according to their duties and powers.
Article 17. Standards for the positions of General Director (Director) and Chief Editor of the Publisher
1. Standards for the General Director (Director) of the Publisher:
a) A Vietnamese citizen residing in Vietnam, with good political and moral qualities;
b) Having a bachelor's degree or higher;
c) Having at least three years of experience in editorial work, publishing management, or journalism, or management at the managing agency of the publisher;
d) Other standards as prescribed by law.
2. Standards for the Chief Editor of the Publisher:
a) Holding a certificate of qualification for editing;
b) Having at least three years of experience in editorial work at the publisher or media organization;
c) Other standards as prescribed by law.
3. For publishers organized and operating under the form of a state-owned enterprise with a board of directors or company chairman position, the chairman of the board of directors or company chairman must concurrently hold the position of General Director (Director) of the publisher.
Article 18. Duties and Powers of the General Director (Director) and Chief Editor of the Publisher
1. The General Director (Director) of the Publisher has the following duties and powers:
a) Managing the operations of the publisher in accordance with the mission, purpose, functions, and tasks recorded in the establishment permit and decision on establishment of the publisher;
b) Establishing the organizational structure and human resources of the publisher;
c) Organizing the registration of publications with the Ministry of Information and Communications as prescribed in Article 22 of this Law;
d) Organizing the review of works and materials as prescribed in Article 24 of this Law and other works and materials upon request of the competent state management agency on publishing activities;
đ) Signing interconnection publishing contracts as prescribed in point b, Clause 3, Article 23 of this Law before signing the decision to publish;
e) Approving completed manuscripts before printing;
g) Signing the decision to publish each publication in accordance with the confirmed registration of publication, including increased print runs;
h) Signing the decision to distribute publications;
i) Setting and adjusting retail prices of publications in accordance with the law;
k) Organizing the storage of editorial manuscript files and related materials for each publication as prescribed by law; ỉ) Implementing corrections, suspending distribution, recalling, or destroying publications when requested by the competent state authority;
m) Implementing reports when requested by the competent state management agency on publishing activities;
n) Ensuring that the content of works and published materials is not disclosed or leaked before release, affecting the rights of authors and copyright owners;
o) Managing the assets and physical facilities of the publisher;
p) Being responsible under the law and to the managing agency for publications and all activities of the publisher.
2. The Chief Editor of the Publisher has the following duties and powers:
a) Assisting the General Director (Director) in directing the organization of manuscripts;
b) Organizing the editing of manuscripts;
c) Reading and approving each manuscript for submission to the General Director (Director) of the publisher to sign the decision to publish;
d) Not disclosing or leaking the content of works and published materials before release, affecting the rights of authors and copyright owners;
đ) Being responsible to the General Director (Director) of the publisher and under the law for the content of the publisher's publications.
Article 19. Standards, duties, and powers of editors
1. Standards for editors:
a) Being a Vietnamese citizen; residing permanently in Vietnam; having good political qualities and morals;
b) Having a bachelor's degree or higher;
c) Completing a course to enhance knowledge of publishing laws and editing skills as prescribed by the Minister of Information and Communications;
d) Holding an editing practice certificate issued by the Ministry of Information and Communications.
2. The duties and powers of editors include the following:
a) Implementing editing of manuscripts;
b) Refusing to edit manuscripts of works or materials that contain signs of violations as stipulated in Clause 1, Article 10 of this Law and must report in writing to the general director (director) or chief editor of the publisher;
c) Listing their name on publications they have edited;
d) Participating in regular training courses on publishing laws and editing skills organized by state management agencies for publishing activities;
đ) Not disclosing or leaking the content of works or published materials before release, which may affect the rights of authors or copyright owners;
e) Bearing responsibility before the chief editor of the publisher and before the law for the content of publications they have edited.
Article 20. Issuing, revoking, and reissuing the editing practice certificate
1. The application dossier for issuing an editing practice certificate includes:
a) An application form for issuing an editing practice certificate as prescribed;
b) A curriculum vitae as prescribed;
c) Certified copies of diplomas;
d) A certificate confirming completion of a course to enhance knowledge of publishing laws and editing skills issued by the Ministry of Information and Communications.
2. Within 15 days from the date of receiving the complete dossier, the Ministry of Information and Communications shall issue an editing practice certificate; if the certificate is not issued, a written response explaining the reasons must be provided.
3. The editing practice certificate will be revoked in the following cases:
a) The editor has a publication that they edited being banned from circulation, recalled, confiscated, or destroyed;
b) The editor has two publications within one year or two consecutive years with publications they edited containing content violations requiring mandatory corrections before issuance;
c) The editor is convicted by a court judgment with legal effect.
4. An editor whose editing practice certificate has been revoked may only be considered for reissue after two years, except in cases where the editor is convicted by a court judgment with legal effect for very serious crimes, especially serious crimes, or crimes endangering national security.
5. The editing practice certificate will be reissued in cases of loss or damage.
Article 21. Copyrights in the field of publishing
Publishing works, materials, and reprinting publications can only be carried out after obtaining written approval from the author or copyright owner according to the law.
Article 22. Registration for publication and confirmation of registration for publication
1. Prior to publishing works, materials, or reprinting publications, publishers must register for publication with the Ministry of Information and Communications according to the prescribed form. The content of the publication registration must align with the mission, purpose, functions, and tasks of the publisher.
2. Within seven working days from the date of receiving the publication registration from the publisher, the Ministry of Information and Communications shall confirm the publication registration in writing; if it does not confirm, a written response explaining the reasons must be provided.
3. The written confirmation of publication registration serves as the basis for the publisher to make a decision to publish and remains valid until December 31 of the year of registration confirmation.
Article 23. Collaboration in Publishing Activities
1. Publishers may collaborate with organizations or individuals (referred to collectively as collaborating partners) for each publication as follows:
a) Authors, copyright owners;
b) Publishers, printing facilities for publications, distribution facilities for publications;
c) Other organizations with legal personality.
2. Forms of collaboration between publishers and collaborating partners include:
a) Exploiting manuscripts;
b) Preliminary editing of manuscripts;
c) Printing publications;
d) Distributing publications.
3. Collaboration shall only be carried out when the following conditions are met:
a) There is a written approval from the author or copyright owner according to the provisions of intellectual property law regarding the works or materials to be published through collaboration;
b) There is a publishing collaboration contract between the publisher and the collaborating partner. The collaboration contract must contain basic contents as prescribed by the Minister of Information and Communications;
c) In cases of preliminary editing of manuscripts, in addition to meeting the conditions stipulated in points a and b of this clause, the collaborating partner must have an editor.
4. For works or materials containing content on political theory; history, religion, national sovereignty, memoirs, the publisher shall not collaborate in preliminary editing of manuscripts.
5. Responsibilities of the General Director (Director) of the Publisher in publishing collaborations:
a) Deciding on collaborating partners, forms of collaboration, and concluding collaboration contracts for each publication; in cases of collaborating to publish multiple publications with the same collaborating partner, it can be concluded in one contract, clearly stating the form of collaboration for each publication;
b) Fulfilling the publishing collaboration contract properly; ensuring that the content of the collaborative publication is consistent with the objectives, functions, and tasks of the publisher;
c) Organizing comprehensive editing of manuscripts edited preliminarily by collaborating partners;
d) Bearing responsibility under the law for collaboration publishing activities and collaborative publications;
đ) Revoking the publication decision when the collaborating partner breaches the collaboration contract;
e) Performing other duties and powers as prescribed in Clause 1, Article 18 of this Law.
6. Responsibilities of the Chief Editor of the Publisher in publishing collaborations:
a) Assisting the General Director (Director) of the Publisher in organizing comprehensive editing of manuscripts edited preliminarily by collaborating partners; reviewing and approving manuscripts of collaborative publications;
b) Performing other duties and powers as prescribed in Clause 2, Article 18 of this Law.
7. Responsibilities of collaborating partners:
a) Fulfilling the publishing collaboration contract properly;
b) Implementing the content of the manuscript approved by the General Director (Director) of the Publisher for printing or electronic distribution;
c) Recording the name and address on the publication according to point b, Clause 1 and point b, Clause 2, Article 27 of this Law;
d) Submitting collaborative publications to the Publisher for deposit;
đ) Funding the distribution of collaborative publications after the General Director (Director) of the Publisher signs the distribution decision;
e) Carrying out corrections, suspending distribution, recalling, or destroying publications upon request of competent state management agencies;
g) Bearing responsibility under the law for collaboration publishing activities and collaborative publications.
Article 24. Works and materials requiring content review before reprinting
Works and materials listed below shall be subject to content review by publishers prior to registering for publication for reprinting if they contain signs of violation of provisions stipulated in Clause 1, Article 10 of this Law:
1. Works and materials published before August Revolution 1945; works and materials published from 1945 to 1954 in areas temporarily occupied;
2. Works and materials published from 1954 to April 30, 1975 in South Vietnam without permission from the Provisional Revolutionary Government of the Republic of South Vietnam;
3. Works and materials published abroad.
Article 25. Issuing Publication Permit for Non-commercial Materials
1. The issuance of Publication Permit for non-commercial materials that are not published through a publisher shall be handled by the following state management agencies for publishing activities:
a) The Ministry of Information and Communications shall issue Publication Permit for non-commercial materials of central agencies and organizations and foreign organizations;
b) Provincial People's Committees shall issue Publication Permit for non-commercial materials of other agencies and organizations with legal personality, branches, and representative offices of central agencies and organizations located in their localities.
2. Non-commercial materials must align with the functions and tasks of the agency or organization applying for the Publication Permit.
3. The Government shall specify the list of non-commercial materials eligible for Publication Permit issuance.
4. Agencies and organizations applying for Publication Permit for non-commercial materials shall prepare and submit an application dossier to the state management agency for publishing activities as stipulated in Clause 1 of this Article and pay the content review fee for issuing the Publication Permit. The dossier shall include:
a) An application form for the permit;
b) Three drafts of the material; in case the material is in a foreign language, it must be accompanied by a Vietnamese translation. For electronic publications, the entire content must be stored on digital devices;
c) A certified copy of the business operation permit issued by the competent state management agency in Vietnam for foreign organizations.
5. Within fifteen days from the date of receiving the complete dossier, the state management agency for publishing activities as stipulated in Clause 1 of this Article shall issue the Publication Permit, stamp it on three drafts of the material, retain one copy, and return two copies to the organization applying for the permit; in case the permit is not issued, a written response stating the reasons must be provided.
6. Agencies and organizations granted Publication Permit for non-commercial materials shall be responsible for:
a) Implementing the Publication Permit accurately;
b) Ensuring the content of the published material matches the draft material approved by the Publication Permit;
c) Recording information on the publication according to the provisions of Article 27 of this Law;
d) Submitting the original copy of the material and delivering it to the National Library of Vietnam as stipulated in Article 28 of this Law;
đ) Undertaking corrections, suspending distribution, recalling, or destroying the published material upon request of the competent state authority;
e) Bearing legal responsibility for the published material.
Article 26. Publishing Foreign Organizations' and Individuals' Works and Materials in Vietnam
1. The publication of foreign organizations' and individuals' works and materials for commercial purposes in Vietnam must be carried out by Vietnamese publishers.
2. The publication of non-commercial materials of foreign organizations in Vietnam without going through Vietnamese publishers shall be conducted in accordance with the provisions of Article 25 of this Law.
Article 27. Information recorded on publications
1. On books, the following information must be recorded:
a) The name of the book, the author's or editor's name, chief editor's name (if applicable), the translator's name (if it is a translated book), the transliterator's name (if it is a book transliterated from Nom script); the name of the publisher or agency, organization granted publication permit;
b) The name and address of the organization, individual name of the joint publisher (if applicable); the proofreader's name (if applicable); year of publication, volume number; for translated books, the original title must be recorded; if translated from a language different from the original language, the source language must be clearly stated;
c) The full name and position of the general director (director) responsible for publication; the full name and position of the chief editor responsible for content; the editor's name; book format, registration confirmation number, publication decision number of the general director (director) of the publisher or publication permit number of the state management agency for publishing activities; the presenter's and illustrator's names; technical editor's and printer's corrector's names; print quantity; name and address of the printing facility; time of submission for deposit; international standard book number (ISBN);
d) 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 book" 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 agency, organization granted permission to publish;
b) The name and address of the organization, individual name of the joint publisher (if applicable); registration confirmation number, publication decision number of the general director (director) of the publisher or publication permit number of the state management agency for publishing activities; print quantity, name and address of the printing facility;
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 publication" must be recorded.
3. The information specified in point a Clause 1 of this Article must be recorded on the front cover of the book and no additional information may be added; the information specified in point c Clause 1 of this Article must be recorded on the same page of the book; the information specified in point d Clause 1 of this Article must be recorded on the back cover of the book.
4. The general director (director) of the publisher decides the location for recording the information specified in point b Clause 1 of this Article on the publication, except in cases stipulated in Clause 6 of this Article.
5. For electronic publications, in addition to having all the information required under Clause 1 and Clause 2 of this Article, they must also have electronic publication management information as prescribed by the Minister of Information and Communications.
6. In cases where the front cover of the book contains images of the National Flag, National Emblem, Vietnam Map Registration, portraits of leaders, heads of the Party and State, the names of authors, editors, chief editors, translators, and transliterators shall not be recorded on those images or portraits.
Article 28. Submission of publications for deposit and submission to the National Library of Vietnam
1. All publications must be submitted for deposit to the state management agency for publishing activities no later than ten days before their release. The submission of publications for deposit shall be carried out as follows:
a) Publishers or agencies, organizations granted publication permits by the Ministry of Information and Communications must submit three copies to the Ministry of Information and Communications; in cases where the print quantity is less than three hundred copies, two copies must be submitted;
b) Agencies, organizations granted publication permits by the People's Committee of the province must submit two copies to the People's Committee of the province and one copy to the Ministry of Information and Communications; in cases where the print quantity is less than three hundred copies, one copy must be submitted to the People's Committee of the province and one copy to the Ministry of Information and Communications;
c) For reprinted publications without changes or additions, one copy must be submitted to the Ministry of Information and Communications; in cases where there are changes or additions, the provisions of points a and b of this clause shall apply;
d) Publications containing content classified as state secrets according to the law shall only submit a deposit declaration form;
e) The Minister of Information and Communications shall specify detailed procedures for submitting publications for deposit.
2. Within forty-five days from the date of publication release, publishers, agencies, organizations granted permission to publish must submit three copies to the National Library; in cases where the print quantity is less than three hundred copies, two copies must be submitted.
Article 29. Reading, inspecting pre-publication publications and authority to handle infringing publications
1. The Ministry of Information and Communications shall organize the reading, inspection of pre-publication publications and decide on the handling of infringing publications in accordance with this Law and other relevant laws.
2. Provincial People's Committees shall organize the reading, inspection of pre-publication publications and decide on the handling of infringing publications in accordance with this Law and other relevant laws for publications for which they issue publication permits.
3. The Minister of Information and Communications shall take the lead and coordinate with the Minister of Finance to stipulate remuneration systems for readers and inspectors of pre-publication publications.
Article 30. Advertising on Publications
1. Advertising is not allowed on administrative maps.
2. Advertising on calendar blocks shall be carried out in accordance with the following provisions:
a) The area allocated for advertising must not exceed 20% of the area of each calendar page; the content and images of advertisements must be appropriate to Vietnamese customs and traditions and other regulations of the law on advertising;
b) Advertising is not allowed on pages of calendars printed with national holidays and major commemorative days.
3. Advertising on publications not covered by Clause 1 and Clause 2 of this Article shall be carried out in accordance with the law on advertising.
Chapter III PUBLISHING FIELD
Article 31. Activities of Printing Establishments
1. A printing establishment may only print publications after obtaining a printing activity permit.
2. A printing establishment may only accept printing of publications in accordance with Article 33 of this Law.
Article 32. Issuance, Renewal, Reissue, and Revocation of Printing Activity Permits
1. Conditions for issuing a printing activity permit include:
a) The head of the printing establishment must be a Vietnamese citizen residing in Vietnam, having management skills in printing activities, and meeting other standards prescribed by law;
b) Having production premises and equipment to carry out one or more stages of plate making, printing, and post-printing processing of publications;
c) Ensuring conditions for security, public order, and environmental hygiene as prescribed by law;
d) Being consistent with the planning for the development of printing establishments.
2. Documents for applying for a printing activity permit include:
a) An application form for a printing activity permit as prescribed;
b) A certified copy of one of the business registration certificates, enterprise registration certificates, investment certificates, or establishment decisions of the printing establishment;
c) Documentation proving the availability of production premises and equipment to carry out one of the stages of plate making, printing, and post-printing processing of publications;
d) A curriculum vitae of the head of the printing establishment as prescribed;
đ) A certified copy of a diploma issued by a specialized printing training institution or a certificate of vocational training in printing management issued by the Ministry of Information and Communications;
e) A certified copy of a certificate of compliance with security and public order, environmental hygiene conditions issued by competent state agencies.
3. Authority to issue a printing activity permit:
a) The Ministry of Information and Communications issues permits for printing establishments of central agencies and organizations;
b) Provincial People's Committees issue permits for local printing establishments.
4. Within fifteen days from the date of receiving complete and valid documents, the competent state agency for publication management as specified in Clause 3 of this Article must issue a printing activity permit; if the permit is not issued, a written response stating the reasons must be provided.
5. A printing activity permit will be reissued in case it is lost or damaged.
6. Within fifteen days from the date of any changes in name, address, establishment of branch offices, division, or merger, the printing establishment must complete procedures to change the printing activity permit.
7. Within fifteen days from the date of any change in the head of the establishment, the printing establishment must notify the issuing authority of the printing activity permit in writing and attach the documents specified in points d and đ of Clause 2 of this Article.
8. A printing activity permit will be revoked in the following cases:
a) The printing establishment does not meet the conditions prescribed in points a, b, and c of Clause 1 of this Article during its operation;
b) The printing establishment undergoes changes as prescribed in Clause 6 of this Article without completing the procedures to change the permit.
9. The Minister of Information and Communications shall stipulate detailed procedures for issuing, renewing, reissuing, and revoking printing activity permits and certificates of vocational training in printing management.
Article 33. Conditions for accepting printing of publications
1. The acceptance of printing of publications shall be carried out in accordance with the following provisions:
a) For publications implemented through a publisher, there must be a publication decision (original) and a manuscript signed off by the general director (director) of the publisher;
b) For non-commercial documents of Vietnamese agencies and organizations, foreign organizations not implemented through a publisher, there must be a publication permit (original) and a manuscript stamped by the agency issuing the permit as stipulated in Article 25 of this Law;
c) For publications printed on behalf of foreign entities, there must be a permit for printing on behalf and a sample of the publication to be printed on behalf stamped by the agency issuing the permit as stipulated in Article 34 of this Law.
2. Accepting the printing of publications must be done through a contract between the printing facility and the publisher or the agency, organization that has been granted a permit to publish non-commercial documents, in accordance with the provisions of the law.
3. The quantity of publications to be printed must be reflected in the contract and must be consistent with the publication decision or the permit to publish non-commercial documents.
Article 34. Printing on behalf of foreign organizations and individuals
1. A printing facility with a permit to operate in printing publications as stipulated in Article 32 of this Law may print on behalf of foreign organizations and individuals. Printing on behalf of foreign organizations and individuals must be permitted by the Ministry of Information and Communications or the People's Committee of the province.
2. The content of publications printed on behalf of foreign entities must not violate the provisions of Clause 1, Article 10 of this Law.
3. The application dossier includes:
a) An application form for a permit to print on behalf of foreign organizations and individuals according to the prescribed model;
b) Two samples of the publications to be printed;
c) A certified copy of the permit to operate in printing publications;
d) A certified copy of the contract for printing on behalf of foreign organizations and individuals; if the contract is in a foreign language, it must be accompanied by a Vietnamese translation;
đ) A certified copy of the passport still valid of the person placing the order or a power of attorney and identification card of the authorized person placing the order.
4. Within ten days from the date of receiving complete and valid documents, the Ministry of Information and Communications or the People's Committee of the province must issue the permit, stamp the two samples, and return one copy to the printing facility; in case of refusal to issue the permit, a written response stating the reasons must be provided.
5. The director of the printing facility is responsible under the law for printing publications printed on behalf. The organization or individual placing the order on behalf is responsible for the copyright of the publications ordered on behalf.
6. Publications printed on behalf of foreign organizations and individuals must be exported at 100%; in cases of distribution or use in Vietnam, import procedures for publications must be followed as stipulated by this Law.
Article 35. Responsibilities of the Head of a Publication Printing Facility
1. Implement the provisions of Articles 31, 32, 33 and Clauses 1, 2, 4, 5 of Article 34 of this Law; retain and manage the records of accepting printing of publications in accordance with the regulations of the Minister of Information and Communications.
2. Report on the printing activities of the printing facility to the competent state management agency for publishing activities upon request.
3. Participate in training courses on managing printing activities organized by the state management agency for publishing activities.
4. When discovering publications containing content violating the provisions of Clause 1, Article 10 of this Law, the printing facility must stop printing and report to the competent state management authority, while also informing the publisher, agency, organization, or individual placing the order.
5. Be responsible under the law for the printing activities of the printing facility.
Chapter IV FIELD OF DISTRIBUTION AND PUBLICATION PRODUCTS
Article 36. Distribution Activities of Publication Products
1. Distribution entities of publication products include enterprises, public service units, and individual households engaged in publication product business (hereinafter collectively referred to as distribution entities). Publishers may establish distribution entities for publication products.
2. Distribution entities that are enterprises or public service units must register their activities with the state management agency for publication activities in accordance with Clause 1, Article 37 of this Law.
3. Conditions for operating for distribution entities that are enterprises or public service units:
a) The head of the distribution entity must be a resident of Vietnam; hold a certificate or diploma in knowledge and skills related to the distribution of publication products issued by specialized training institutions for the distribution of publication products;
b) Possess one of the types of business registration certificates, enterprise registration certificates, or decisions on establishing public service units as prescribed by law;
c) Have a place of business for publication products.
4. Conditions for operating for distribution entities that are individual households:
a) The household head must be a resident of Vietnam.
b) Have a business registration certificate;
c) Have a place of business for publication products.
Article 37. Registration of Distribution Activities of Publication Products
1. Prior to commencing operations, distribution entities that are enterprises or public service units must register their distribution activities of publication products with the state management agency for publication activities according to the following provisions:
a) Distribution entities with headquarters and branches in two or more centrally governed cities or provinces shall register their activities with the Ministry of Information and Communications;
b) Distribution entities with headquarters and branches in the same centrally governed city or province shall register their activities with the People's Committee of the province.
2. The Minister of Information and Communications shall stipulate the procedures and documents for registering distribution activities of publication products.
Article 38. Issuance of Business Operation License for Importing Publication Products
1. Domestic organizations and individuals, as well as foreign organizations and individuals, may import publication products into Vietnam in accordance with Vietnamese laws and consistent with international treaties to which the Socialist Republic of Vietnam is a party.
2. Entities engaged in the business of importing publication products (hereinafter referred to as import entities) must have a business operation license for importing publication products issued by the Ministry of Information and Communications.
3. Conditions for issuing a business operation license for importing publication products include:
a) Possess one of the types of business registration certificates, enterprise registration certificates, or investment certificates as prescribed by law;
b) The head of the import entity must be a resident of Vietnam, hold a diploma from a specialized training institution or a certificate in knowledge and skills related to the distribution of publication products issued by the Ministry of Information and Communications;
c) Have a team of staff capable of assessing the content of books in cases where they engage in the importation of books.
4. Documents for requesting issuance of a business operation license for importing publication products include:
a) Application for issuance of a business operation license for importing publication products;
b) A certified copy of one of the types of certificates specified in point a, Clause 3 of this Article;
c) Curriculum vitae of the head of the import entity accompanied by a certified copy of the diploma or certificate specified in point b, Clause 3 of this Article;
d) List of staff responsible for assessing the content of books in cases where they engage in the importation of books.
5. Within thirty days from the date of receipt of the application for issuance of a business operation license, the Ministry of Information and Communications must issue a business operation license for importing publication products; if the license is not issued, a written response stating the reasons must be provided.
6. The Government shall provide detailed regulations for this Article.
Article 39. Registration for Importing Publications for Business Purposes
1. The importation of publications for business purposes must be carried out by the publication import entity.
2. Prior to importing, the publication import entity must prepare and submit an import registration dossier to the Ministry of Information and Communications and pay the prescribed fee as stipulated by law. The Minister of Information and Communications shall specify in detail the import registration dossier for publications.
3. Within fifteen days from the date of receipt of the import registration dossier for publications, the Ministry of Information and Communications shall confirm the registration in writing; in case of not confirming the registration, there must be a written response stating the reasons.
4. In case of changes in information in the already confirmed registration dossier for imported publications, the publication import entity must submit a written report on the changed information content, and simultaneously register new information (if any) with the Ministry of Information and Communications for supplementary registration confirmation.
5. The written confirmation of registration by the Ministry of Information and Communications serves as a legal basis for the publication import entity to handle import procedures with customs authorities and remains valid until the import procedures are completed.
6. In case of discovering that imported publications contain content suspected of violating Vietnamese laws, the Ministry of Information and Communications has the right to refuse to confirm the registration for importing publications or request an assessment of the content of those publications before confirming the registration for import.
Article 40. Responsibilities of Heads of Publication Distribution Entities and Publication Import Entities
1. Implement the provisions of Articles 36, 37, 38, and 39 of this Law during their operations.
2. Comply with the import operation license for publications, the registration confirmation certificate for importing publications; comply with the registered content for publication distribution activities.
3. Report on the activities of the publication distribution entity and the publication import entity as required by the state management agency for publication activities.
4. Shall not store, distribute publications containing content as stipulated in Clause 1 of Article 10 of this Law, publications without invoices or certificates showing legitimate origin or which have been suspended from distribution, recalled, confiscated, banned from circulation, or destroyed; shall not engage in business with publications prohibited from sale, or publications printed for foreign countries.
5. Cease the distribution and import of publications and report to the competent state authority when discovering publications containing content as stipulated in Clause 1 of Article 10 of this Law.
6. For publication import entities, the head must organize an assessment of the content of imported publications before distribution and bear legal responsibility for imported publications.
7. Participate in training courses on publication laws organized by the state management agency for publication activities.
8. Bear legal responsibility for the activities of the publication distribution entity and the publication import entity.
Article 41. Issuance of Import License for Non-Business Publications
1. The importation of non-business publications by Vietnamese agencies, organizations, individuals, foreign organizations operating in Vietnam, and foreign individuals residing in Vietnam must be granted an import license by the state management agency for publication activities, except in cases provided for in Article 42 of this Law, and they must pay the prescribed fee as stipulated by law.
2. Before importing non-business publications, agencies, organizations, and individuals must prepare a request for issuance of an import license according to the prescribed form and proceed as follows:
a) Central agencies, organizations, and foreign organizations with headquarters in Hanoi shall send the dossier to the Ministry of Information and Communications or the People's Committee of Hanoi City;
b) Other agencies, organizations, and Vietnamese individuals, and foreign individuals shall send the dossier to the People's Committee of the province where their headquarters are located or at the border gate through which the publications are imported.
3. The request for issuance of an import license for non-business publications includes:
a) An application form for approval according to the prescribed model;
b) A list of imported publications according to the prescribed form.
4. Within fifteen days from the date of receiving all necessary documents, the competent state management agency must issue the license; in case of not issuing the license, there must be a written response stating the reasons.
5. In case of discovering that proposed imported publications contain signs of violating Vietnamese laws, the state management agency for publication activities has the right to refuse to issue the import license or request the agency, organization, or individual requesting the import license to provide a copy of the publication for content assessment as the basis for deciding to issue the import license.
6. The assessment of the content of publications suspected of violating Vietnamese laws for the decision to issue a non-business import license shall be carried out as follows:
a) The licensing agency establishes an assessment board for each publication within fifteen days from the date of receipt of the publication for assessment. The members include experts with sufficient qualifications to conduct the assessment;
b) The assessment period for each publication shall not exceed nine working days from the date the assessment board is established;
c) The assessment results must be documented in writing, clearly determining whether the content of the publication violates the provisions of this Law and other related laws.
7. The Minister of Information and Communications shall specify in detail the procedures for assessing imported publications; coordinate with the Minister of Finance to specify the cost of assessing the content of imported publications.
Article 42. Cases of Importing Non-commercial Publications Without Needing to Apply for a Permit
1. Organizations, institutions, and individuals do not need to apply for a permit to import non-commercial publications but must follow customs procedures as prescribed by law in the following cases of importing publications:
a) Materials serving international conferences and seminars in Vietnam that have been permitted by competent Vietnamese authorities to organize;
b) Publications that are assets of organizations, families, or individuals for personal use;
c) Publications within the personal baggage allowance of incoming travelers for personal use;
d) Publications given to organizations, institutions, or individuals sent through postal services or courier services with a value not exceeding the tax exemption standard as prescribed by law.
2. The importation of publications by organizations, institutions, and individuals enjoying diplomatic privileges and immunities shall be carried out in accordance with customs laws, laws on privileges and immunities granted to diplomatic missions, consular posts of foreign countries, and representative offices of international organizations in Vietnam, and international treaties to which Vietnam is a party.
3. Publications specified in points a and b of Clause 1 of this Article must be re-exported after use; if transferred to other organizations, institutions, or individuals in Vietnam, the receiving organization, institution, or individual must follow the import procedures as stipulated in Article 41 of this Law. Publications specified in points c and d of Clause 1 of this Article, if their value exceeds the tax exemption standard, must follow the procedures to apply for an import permit as stipulated in Article 41 of this Law. Publications specified in Clause 1 of this Article may not be traded in any form.
4. Organizations, institutions, and individuals must bear responsibility under the law for publications they import.
5. Publications containing content violating Clause 1 of Article 10 of this Law shall not be brought into Vietnam in any form.
Article 43. Exporting Publications
Publications that have been legally published and circulated in Vietnam are allowed to be exported abroad.
Article 44. Exhibitions and Trade Fairs of Publications
1. The organization of exhibitions and trade fairs of publications in Vietnam by Vietnamese and foreign organizations and individuals must be approved by the state management agency for publication activities.
2. Authority to issue permits for organizing exhibitions and trade fairs of publications:
a) The Ministry of Information and Communications issues permits for central agencies and organizations; foreign organizations and individuals;
b) Provincial People's Committees issue permits for organizations and individuals with headquarters or residence in the locality; branches, representative offices, and subordinate units of central agencies and organizations located in the locality.
3. Documents required to apply for a permit to organize exhibitions and trade fairs of publications include:
a) An application form clearly stating the purpose, time, location, and names of participating units in the exhibition and trade fair;
b) A list of publications for the exhibition and trade fair according to the prescribed model.
4. Within ten working days from the date of receipt of complete documents, the competent authority as prescribed in Clause 2 of this Article must issue a permit to organize exhibitions and trade fairs of publications; in case of refusal, a written response must be provided explaining the reasons.
5. Organizations, institutions, and individuals who have obtained a permit to organize exhibitions and trade fairs of publications are responsible for:
a) Implementing the contents stated in the permit;
b) Inspecting and reviewing the content of publications before displaying, introducing, or selling them at the exhibition and trade fair;
c) Not allowing publications with content as specified in Clause 1 of Article 10 of this Law; publications that have been suspended from circulation, recalled, confiscated, banned, destroyed, or publications without invoices or certificates showing legal origin to be displayed or sold at the exhibition and trade fair;
d) Bearing responsibility under the law for the content of publications displayed or sold at the exhibition and trade fair and the activities of organizing the exhibition and trade fair of publications.
6. The state management agency for publication activities has the right to refuse to issue a permit to organize exhibitions and trade fairs of publications or require organizations and individuals applying for the permit to remove publications from the list of publications for the exhibition and trade fair in the following cases:
a) Publications intended for the exhibition and trade fair show signs of violation of Article 10 of this Law;
b) Publications intended for the exhibition and trade fair do not have a legal origin;
c) Publications that have been suspended from circulation, recalled, confiscated, banned, or destroyed.
Chapter V PUBLISHING AND DISTRIBUTION OF ELECTRONIC PUBLICATIONS
Article 45. Conditions for Publishing and Distributing Electronic Publications
1. Electronic publishing must be carried out by publishers or agencies, organizations with licenses to publish non-commercial materials, and must comply with the provisions of this Law. Publishers shall conduct electronic publishing when they meet the following conditions:
a) Possessing equipment, technology, and technical human resources to manage and oversee the electronic publishing process;
b) Having technical measures in accordance with the regulations of state management agencies to prevent unauthorized copying and illegal interference with the content of publications;
c) Having a Vietnamese domain name on the Internet in accordance with the law to conduct electronic publishing on the Internet;
d) Registering their electronic publishing activities with the state management agency for publication activities.
2. Agencies, organizations, and individuals conducting the distribution of electronic publications must meet the following conditions:
a) Possessing equipment, technology, and technical human resources to manage and oversee the distribution process of electronic publications;
b) Having technical measures in accordance with the regulations of state management agencies to prevent unauthorized copying and illegal interference with the content of publications;
c) Having a Vietnamese domain name on the Internet in accordance with the law to conduct the distribution of electronic publications on the Internet;
d) Registering their distribution activities of electronic publications with the state management agency for publication activities.
Article 46. Methods for Conducting Publishing and Distribution of Electronic Publications
1. Works and materials published for the first time through electronic publishing methods must go through a publisher or obtain a publication permit from the state management agency for publications in accordance with Article 25 of this Law.
2. Published, printed, and legally distributed publications may be distributed via electronic means.
3. The publishing and distribution of electronic publications as stipulated in Clause 1 and Clause 2 of this Article can only be implemented after obtaining approval from the author or copyright owner in accordance with intellectual property laws.
4. Converting electronic publications to print publications for wide dissemination must comply with the provisions of this Law and intellectual property laws.
Article 47. Technology for Publishing and Distributing Electronic Publications
Agencies, organizations, and individuals publishing and distributing electronic publications must:
1. Adhere to technical standards and guidelines set by state management agencies for electronic publications;
2. Comply with laws related to telecommunications, information technology, e-commerce, electronic transactions, and other relevant laws.
Article 48. Depositing Copies of Electronic Publications and Submitting to the National Library of Vietnam
1. Publishers and organizations granted licenses to publish non-commercial materials must deposit copies of electronic publications with the state management agency for publication activities in accordance with Article 28 of this Law and submit electronic publications to the National Library of Vietnam.
2. The state management agency for publications may only use deposited copies of electronic publications for management purposes.
3. The National Library of Vietnam stores and may only use electronic publications for serving readers at the National Library of Vietnam in accordance with the law.
Article 49. Advertising on Electronic Publications
Advertising on electronic publications shall be carried out in accordance with the following provisions:
1. Advertising shall not be intermixed with the content or interrupt the content of electronic publications in any form;
2. Adhere to the provisions of the advertising laws and other relevant legal provisions.
Article 50. Responsibilities of Agencies, Organizations, and Individuals Publishing and Distributing Electronic Publications
1. Publishers, general managers (managers), chief editors, and editors of publishers shall have the responsibility to:
a) Implement the provisions of Articles 18, 29, 22, 23, 24, 27, 45, 46, 47, 48, 49, and 52 of this Law;
b) Ensure that the content of the distributed electronic publication matches the content of the electronic publication submitted for record keeping;
c) Implement technical measures to prevent interference with the content of the publication or remove publications violating the law upon request of competent state agencies;
d) Cease distribution of the publication when requested by the state management agency for publishing activities;
e) Monitor and supervise the content of linked publications.
2. Linked publication partners shall have the responsibility to:
a) Implement the provisions of Articles 23, 45, 46, 47, and 49 of this Law;
b) Accurately implement the manuscript content approved by the general manager (manager) of the publisher;
c) Implement technical measures to prevent interference with the content of the publication or remove publications violating the law upon request of competent state agencies;
d) Cease distribution of the publication when requested by the state management agency for publishing activities.
3. Agencies, organizations, and individuals distributing publications shall have the responsibility to:
a) Accurately implement the provisions of Article 46 of this Law and points b, c, d of Clause 2 of this Article;
b) Accurately implement the approval document of the author, copyright owner;
c) Be responsible under the law for the distribution of electronic publications.
4. Agencies, organizations granted licenses to publish non-commercial electronic materials shall have the responsibility to:
a) Accurately implement the provisions stipulated in Clause 6 of Article 25 of this Law;
b) Implement technical measures to prevent interference with the content of the publication or remove publications violating the law upon request of competent state agencies.
5. Enterprises providing intermediary services on the Internet and telecommunications networks in Vietnam shall have the responsibility to:
a) Implement the provisions of points c and d of Clause 2 of this Article;
b) Implement intellectual property law provisions or require agencies, organizations, and individuals using their services to accurately implement intellectual property law provisions when distributing electronic publications.
Article 51. Importing Electronic Publications
The distribution entity importing electronic publications for business or dissemination must obtain a permit from the state management agency for publishing activities in accordance with this Law and other relevant legal provisions.
Article 52. Detailed Provisions on Publishing and Distributing Electronic Publications
The Government shall detail the activities of publishing and distributing electronic publications in accordance with each stage of technological development.
Chapter VI IMPLEMENTATION PROVISIONS
Article 53. Effective Date
This Law takes effect from July 1, 2013, and replaces Law on Publishing No. 30/2004/QH11 which has been amended and supplemented by Law No. 12/2008/QH12.
Article 54. Detailed regulations and guidance on implementation
The Government and competent authorities shall issue detailed regulations and provide guidance on the implementation of the Articles and Clauses assigned in this Law.
This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the fourth session of the Thirteenth term, on November 20, 2012./.
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