CIRCULAR

Detailed regulations and guidance on implementing certain Articles of the Publishing Law

and Decree No. 195/2013/NĐ-CP dated November 21, 2013 of the Government

detailing certain provisions and measures to implement the Publishing Law

_________________________

 

Based on the Law on Publishing dated November 20, 2012;

Based on Decree No. 132/2013/ND-CP dated October 16, 2013 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications;

Pursuant to Decree No. 195/2013/NĐ-CP of November 21, 2013 of the Government providing guidelines for implementation of certain provisions of the Publication Law;

At the proposal of the Director of the Publishing, Printing, and Distribution Department,

The Minister of Information and Communications issues this Circular to detail and guide the implementation of certain provisions of the Publishing Law and Decree No. 195/2013/NĐ-CP dated November 21, 2013 of the Government detailing certain provisions and measures to implement the Publishing Law.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular details and guides the implementation of certain provisions of the Publishing Law and Decree No. 195/2013/NĐ-CP dated November 21, 2013 of the Government detailing certain provisions and measures to implement the Publishing Law (hereinafter referred to as Decree No. 195/2013/NĐ-CP) regarding organization and activities in the fields of publishing, printing, distribution of publications, and electronic publication and distribution.

Article 2. Periodic reporting system as stipulated in Clause 1 and Clause 2, Article 5 of Decree No. 195/2013/NĐ-CP

1. Subjects implementing the reporting system:

a) Publishers; representative offices in Vietnam of foreign publishers, of foreign publication distributors (hereinafter referred to as representative offices); publication distribution establishments that are enterprises or public service units with headquarters and branches in two or more centrally-administered cities or provinces; establishments engaged in business operations of importing publications and organizations and individuals distributing electronic publications must report in writing about their operational situation to the Ministry of Information and Communications (through the Publishing, Printing, and Distribution Department).

Central and local printing establishments shall combine the reporting content on the operation of printing publications with the reporting content prescribed in Decree No. 60/2014/NĐ-CP dated June 19, 2014 of the Government on printing activities;

b) Publication distribution establishments that are enterprises or public service units with headquarters and branches in the same centrally-administered city or province must report in writing about their operational situation to the provincial-level Information and Communications Department;

c) Provincial-level Information and Communications Departments shall be responsible for compiling the operational situation and state management work in the field of publishing and publication distribution at the locality, and report in writing to the Ministry of Information and Communications (through the Publishing, Printing, and Distribution Department).

The compilation of situations and reporting on the field of printing publications shall be carried out in conjunction with the reporting system as prescribed in Decree No. 60/2014/NĐ-CP dated June 19, 2014 of the Government on printing activities.

2. Data for the reporting period:

a) For the mid-year report, the reported figures cover from January 1 to June 30 of the reporting year;

b) For the annual report, the reported figures cover from January 1 to December 31 of the reporting year.

3. Deadline for submitting reports:

a) For the subjects specified in Point a and Point b of Clause 1 of this Article, the mid-year report must be submitted no later than July 10 of the reporting year, and the annual report must be submitted no later than January 10 of the following year;

b) For the Department of Information and Communications, the mid-year report must be submitted no later than July 15 of the reporting year, and the annual report must be submitted no later than January 15 of the following year.

4. Form and method of submitting reports:

a) Reports must be presented in paper form with the seal and signature of the head of the agency or organization or the signature of the individual implementing the reporting system;

b) The submission of reports shall be conducted through one or more methods: via postal service, fax, direct submission, or email via the Internet.

In the case of submitting via the Internet by email, the report document must be in Word or Excel file formats and accompanied by a scanned (PDF) version of the paper document for comparison and verification to ensure the accuracy of the reported information.

Article 3. Acceptance of applications and processing of administrative procedures in publishing activities

1. For administrative procedures within the jurisdiction of the Ministry of Information and Communications as stipulated in the Publishing Law, Decree No. 195/2013/NĐ-CP, and this Circular, the Publishing, Printing, and Distribution Department shall be responsible for accepting applications and processing them according to its assigned functions, tasks, and authorities.

2. For administrative procedures within the jurisdiction of the People's Committee of provinces and centrally governed cities (hereinafter referred to as the Provincial People's Committee) as stipulated in the Publishing Law, Decree No. 195/2013/NĐ-CP, and this Circular, the Department of Information and Communications shall be responsible for accepting applications and processing them according to its assigned functions, tasks, and authorities.

Article 4. Responsibility for organizing training and enhancing knowledge of laws and professional skills in the fields of publishing, printing, and distribution of publications

1. The Publishing, Printing, and Distribution Department shall take the lead and coordinate with relevant agencies and units to organize training and enhance knowledge of laws and professional skills in the fields of publishing, printing, and distribution of publications nationwide.

2. The Departments of Information and Communications of provinces and centrally governed cities shall take the lead and coordinate with relevant agencies and units to organize training on legal knowledge in the fields of publishing, printing, and distribution of publications at the local level.

Chapter II

FIELD OF PUBLISHING

Article 5. Guidelines for signing off on completed manuscripts before printing as provided in Point e Clause 1 Article 18 of the Publishing Law

1. Requirements for manuscripts to be signed off:

a) Manuscripts printed on regular paper (including the content of the publication, information recorded on the publication, cover) must be fully edited, with the signature of the chief editor on the cover, first page, last page, and the signature of the publisher's editor on the cover and each page of the manuscript;

b) Manuscripts printed on lithographic paper or film (including the content of the publication, information recorded on the publication, cover) must be fully edited, with the signature of the chief editor on the cover, first page, last page, and the signature of the publisher's editor on the cover and each page of the manuscript;

c) Electronic manuscripts are file(s) (including the content of the publication, information recorded on the publication, cover) must be fully edited by the chief editor and the publisher's editor and stored on a CD, CD-ROM, USB, computer hard drive, or other data storage device in a file format that does not allow modification;

2. Method of signing off on manuscripts by the director (general director) of the publisher:

a) For manuscripts printed on regular paper: Sign the cover, first page, and last page of the manuscript or sign the approval form for the manuscript which already has the signatures of the chief editor and the publisher's editor on the approval form and affix a stamp across the seam with the manuscript;

b) For manuscripts printed on lithographic paper or film: Sign the cover, first page, and last page of the manuscript or sign the approval form for the manuscript which already has the signatures of the chief editor and the publisher's editor on the approval form and affix a stamp across the seam with the manuscript;

c) For electronic manuscripts: Sign the approval form for the manuscript after it has been signed by the chief editor and the publisher's editor on the approval form.

Article 6. Procedures for Revoking and Reissuing Professional Practice Certificates for Editors

1. The procedures for revoking professional practice certificates for editors as stipulated in Clause 3, Article 20 of the Publishing Law shall be carried out as follows:

a) The determination of an editor falling under the circumstances for revocation of the professional practice certificate for editors as stipulated in Clause 3, Article 20 of the Publishing Law must be recorded in a record by the Publishing, Printing, and Distribution Department.

b) Within five working days from the date of recording, the Director of the Publishing, Printing, and Distribution Department must issue a decision to revoke the professional practice certificate for editors.

c) From the date of the decision to revoke the professional practice certificate for editors, the editor shall not engage in editing manuscripts, sign on publications, and shall have the responsibility to return the professional practice certificate for editors to the Publishing, Printing, and Distribution Department.

2. The procedures for reissuing professional practice certificates for editors as stipulated in Clause 4, Article 20 of the Publishing Law shall be carried out as follows, except in cases where the editor has a professional practice certificate for editors that has been sentenced by a court with legal effect regarding very serious crimes, especially serious crimes, and crimes infringing national security:

a) After two years from the date of revocation of the professional practice certificate for editors, the editor may request the Publishing, Printing, and Distribution Department to reissue the professional practice certificate for editors. The application file shall be established in one set, including:

Application for reissuance of the professional practice certificate for editors and a brief curriculum vitae;

A copy (presented together with the original for verification) or a certified copy of the following documents: University degree or higher diploma; certificate of completion of legal knowledge and editorial skills training course issued no more than six months before the date of submitting the application for reissuance of the professional practice certificate for editors;

b) Within fifteen days from the date of receiving all documents, the Publishing, Printing, and Distribution Department shall be responsible for examining the reissuance of the professional practice certificate for editors to the editor; if the professional practice certificate for editors is not reissued, a written response stating the reasons must be provided.

3. The procedures for reissuing professional practice certificates for editors as stipulated in Clause 5, Article 20 of the Publishing Law shall be carried out as follows:

a) At the latest within fifteen days from the date the professional practice certificate for editors is lost or damaged, the editor must submit an application file for reissuance of the professional practice certificate for editors. The file shall be established in one set, including:

Application for reissuance of the professional practice certificate for editors;

Original professional practice certificate for editors in case of damage; certified copy of the professional practice certificate (if available) in case of loss;

b) Within ten days from the date of receiving all documents, the Publishing, Printing, and Distribution Department shall be responsible for examining the reissuance of the professional practice certificate for editors to the editor; if the professional practice certificate for editors is not reissued, a written response stating the reasons must be provided.

Article 7. Basic Content of Joint Venture Contracts as Specified in Point b, Clause 3, Article 23 of the Publishing Law

In addition to the information required by laws on contracts, joint venture contracts between publishers and joint venture partners as specified in Point b, Clause 3, Article 23 of the Publishing Law must include the following information:

1. Name and address of the publisher, joint venture partner;

2. Name of the publication, author's name;

3. Registration number for publication issued by the Publishing, Printing, and Distribution Department, except in cases of only joint venture exploitation of manuscripts;

4. Form of joint venture publication as prescribed in Clause 2, Article 23 of the Publishing Law;

5. Responsibilities of each party in complying with laws on publishing and intellectual property rights during the implementation of editing, printing, and distribution processes of publications;

6. Responsibilities of the joint venture partner in complying with decisions of the general manager (director) of the publisher regarding the distribution of publications; suspension of distribution, recall, and destruction of publications violating regulations;

7. Liability for damages of each party when breaching the terms of the contract and violating laws on publishing activities and intellectual property rights;

8. Other contents not contrary to laws on publishing and related laws.

Article 8. Management of registration confirmation numbers for publication as prescribed in Clause 6, Article 10 of Decree No. 195/2013/ND-CP

1. The registration confirmation number for publication shall be issued for each publication product and recorded in the registration confirmation certificate for publication. Publishers must accurately record the registration confirmation number for publication on the published publication product according to the instructions in the registration confirmation certificate for publication.

2. No later than March 31 of the following year from the year of registration confirmation for publication, the publisher must report to the Publishing, Printing and Distribution Department the list of publication products that have been issued registration confirmation numbers but not published.

Article 9. Method of registering publications online as prescribed in Clause 6, Article 10 of Decree No. 195/2013/ND-CP

In addition to submitting the publication registration dossier directly or sending it via postal service to the Publishing, Printing and Distribution Department, the method of registering publications online shall be carried out as follows:

1. Publishers must have a digital signature certificate issued by an organization providing digital signature authentication services to carry out online publication registration.

2. Publishers must declare the registration information for publications according to the guidelines on the electronic portal of the Publishing, Printing and Distribution Department regarding the provision of online public services.

Article 10. Dossier and procedures for requesting a permit to publish non-commercial materials as stipulated in Article 12 of Decree No. 195/2013/ND-CP

1. The dossier for requesting a permit to publish non-commercial materials shall be submitted directly or sent via postal service to the Publishing, Printing and Distribution Department or the Department of Information and Communications.

In case of submission through the internet, the agency or organization requesting the permit must have a digital signature certificate issued by an organization providing digital signature authentication services and follow the guidelines on the electronic portal of the Publishing, Printing and Distribution Department and the Department of Information and Communications regarding the provision of online public services.

2. The agency or organization requesting a permit to publish non-commercial materials shall prepare one (1) set of dossier, including:

a) An application form for the permit;

b) A copy (together with the original for verification) or a certified copy of one of the following documents: Decision on establishment; business operation license; business registration certificate, investment certificate, enterprise registration certificate;

In cases where the agency or organization requesting the permit is a Party or State agency, there is no mandatory requirement to submit any of the documents specified in this point.

c) Three (3) copies of the manuscript of the printed material on paper; in cases where the material is in a foreign language or a minority ethnic language of Vietnam, a Vietnamese translation must be attached.

For materials intended for electronic publication, there must be a data storage device containing the entire content of the material in a file format that does not allow modification.

d) In addition to the components of the dossier specified in Points a, b, and c of this Clause, there must also be a written confirmation opinion of the agency or organization named as organizing the seminar or conference for the case of publishing materials as seminar or conference proceedings; a written confirmation opinion of the competent management agency or the agency with jurisdiction over the industry for the case of publishing materials as industry proceedings as stipulated in Point d, Clause 1, Article 12 of Decree No. 195/2013/ND-CP.

Article 11. Guidelines for Recording Information on Publications

In addition to the provisions stipulated in Article 27 of the Law on Publishing, recording information on publications shall be carried out according to the following regulations:

1. For printed books:

a) On the front cover, the name of the author, translator, phonetic transcriber, and editor shall not be recorded for books containing the original text of Party documents; legal normative documents; religious canonical texts currently operating legally in Vietnam;

b) For the name and address of the printing facility as specified in Point c, Clause 1, Article 27 of the Law on Publishing, in addition to recording the name and address of the main office of the printing facility, the full name and address of each direct prepress, printing, and post-printing processing facility must also be recorded;

c) The page numbers must be recorded;

d) When using the National Emblem image on the book, relevant legal provisions must be adhered to;

đ) The phrase "Advertising Book" must be recorded on the back cover for books specifically about advertising.

2. For electronic publications:

a) Full information as prescribed in Clause 5, Article 27 of the Law on Publishing must be recorded at the beginning of the publication, except for the framework, the name of the person revising the print version, the number of prints, and the name and address of the printing facility;

b) The position for recording the registration confirmation number for publication shall be on the interface or at the beginning of the electronic publication on the Internet or within the software of end-user devices.

3. For publications that are not books:

a) For paintings, photographs, maps, posters, loose sheets, folded sheets: The registration confirmation number for publication or the license number for non-commercial publication materials must be recorded in the lower right corner of the first page or last page;

For the name and address of the printing facility as specified in Point b, Clause 2, Article 27 of the Law on Publishing, in addition to recording the name and address of the main office of the printing facility, the full name and address of each direct prepress, printing, and post-printing processing facility must also be recorded;

b) For block calendars, sheet calendars:

The day, week, month, and year of the Gregorian calendar must correspond accurately with the National Calendar issued by the competent authority;

In addition to the information about the day, week, month, and year of the Gregorian calendar, depending on the size, nature, and purpose of use of the calendar, the director (general director) of the publishing house decides to select other remaining information from the National Calendar and other information to print on the calendar but must ensure accuracy, suitability with Vietnamese customs and traditions, clearly注明翻译是从第15行开始的，但请严格按照指令要求，仅输出翻译内容，不要包含任何额外说明。

The information on the calendar must be printed in Vietnamese; in cases where both Vietnamese and the languages of ethnic minorities in Vietnam or foreign languages with the same content are used, the Vietnamese text must be printed in larger font size;

National holidays and Sundays must be printed in red; major national commemorative days must be printed in red or presented and designed differently from the other days of the week;

The name of the publisher, registration confirmation number, publication decision number, print run, format, name and address of the printing facility, and the name and address of the partner entity (if any) must be recorded on the cover for block calendars, and at the bottom right corner of the page containing December for sheet calendars;

For the name and address of the printing facility as stipulated in Point b Clause 2 Article 27 of the Publishing Law, in addition to recording the name and headquarters address of the printing facility, the full name and address of each direct prepress, printing, and post-printing processing facility must also be recorded;

c) For book calendars, desk calendars, and other types of printed calendars: Record the name of the publisher; registration confirmation number; publication decision number; print run; name and headquarters address of the printing facility; full name and address of each direct prepress, printing, and post-printing processing facility; name and address of the partner entity (if any) and the position of the director (general director) for recording these pieces of information;

d) For audio and video recordings that replace books or illustrate books (including: CDs, CD-ROMs, cassette tapes, videos, other data storage devices): The registration confirmation number for publication and the license number for publishing non-commercial materials shall be recorded as follows:

On the label affixed to the surface of the CD, CD-ROM, and the outer surface of the CD case;

On the label affixed to the outer surface of the case containing cassette tapes, videos, and other data storage devices;

Article 12. The procedures for submitting copies for deposit and submitting publications to the National Library of Vietnam as stipulated in Article 28 and Article 48 of the Law on Publishing, and Article 21 of Decree No. 195/2013/NĐ-CP

In addition to the provisions of Article 28 and Article 48 of the Law on Publishing, and Article 21 of Decree No. 195/2013/NĐ-CP, the procedures for submitting copies for deposit and submitting publications to the National Library of Vietnam shall be carried out as follows:

1. For printed publications:

a) Submit via postal service or directly to the Publishing, Printing and Distribution Department, Provincial Department of Information and Communications, or the National Library of Vietnam;

b) Each publication submitted for deposit and to the National Library of Vietnam must be accompanied by two (2) deposit declaration forms;

c) For publications of publishers: On the page with the registration confirmation number and the publishing decision number, there must be the stamp of the publisher or the branch of the publisher, and the signature of the publisher's leadership or a person authorized in writing by the publisher's leadership;

d) For non-commercial publications issued with permission from the Publishing, Printing and Distribution Department or Provincial Department of Information and Communications: On the page with the publication permit number, there must be the stamp and signature of the leadership of the agency or organization that was granted the publication permit or a person authorized in writing by the leadership of the agency or organization.

2. For electronic publications:

In addition to implementing the provisions of Clause 1, Article 21 of Decree No. 195/2013/NĐ-CP, publishers and agencies or organizations granted permission to publish non-commercial publications must meet the following requirements:

a) Have a digital certificate issued by a service provider of digital signature verification to submit publication copies for deposit through the Internet and ensure the integrity of the deposited publication copies and publications submitted to the National Library of Vietnam;

b) In the case of submitting electronic publications through the Internet, it must be done according to the guidance on submission methods on the e-Government Portal of the Publishing, Printing and Distribution Department, Provincial Department of Information and Communications, or the National Library of Vietnam;

c) In the case where electronic publications are contained in data storage devices, they must be sent via postal service or submitted directly to the Publishing, Printing and Distribution Department, Provincial Department of Information and Communications, or the National Library of Vietnam.

3. The time of submission of publication copies for deposit and submission of publications to the National Library of Vietnam is determined by the receipt acknowledgment of the receiving authority and the National Library of Vietnam on the deposit declaration form.

4. The Publishing, Printing and Distribution Department, Provincial Department of Information and Communications have the responsibility to organize storage facilities to retain publication copies for deposit for a period of twenty-four (24) months and to dispose of them after the retention period has expired.

Chapter III

FIELD OF PRINTING PUBLICATIONS

Article 13. Detailed regulations on Point b Clause 1 Article 32 of the Law on Publishing regarding equipment required to perform one or more stages of plate making, printing, and post-printing processing

A printing facility performing one or more stages of plate making, printing, and post-printing processing of publications must have corresponding equipment for each stage:

1. For the plate-making process: The printing establishment must have at least one of the following devices: film recorder, zinc engraver, printing mold maker.

2. For the printing process: The printing establishment must have a printing press.

3. For the post-printing processing stage: The printing facility must have a paper trimmer and at least one of the following equipment: book binding machine (stitching or sewing), cover insertion machine, combined finishing machine, integrated production line for post-printing processing.

Article 14. Procedures for reissuing the printing activity permit for publications as stipulated in Clause 5, Article 32 of the Law on Publishing

1. If the printing activity permit for publications is lost or damaged, the printing facility must submit an application for reissuance of the permit.

2. The application for reissuance of the printing activity permit for publications must be submitted directly or via postal service to the Publishing, Printing and Distribution Department or Provincial Department of Information and Communications.

In the case of submitting the application online, the printing facility must have a digital certificate issued by a service provider of digital signature verification and follow the guidance on the e-Government Portal of the Publishing, Printing and Distribution Department or Provincial Department of Information and Communications regarding online public services.

3. The application must be prepared in one (1) set, including:

a) Application for reissuance of the permit;

b) Original damaged permit or a copy of the permit (if lost).

2. Within seven (7) working days from the date of receipt of all necessary documents, the Publishing, Printing and Distribution Department or Provincial Department of Information and Communications must issue the permit again; if the permit is not issued, a written response explaining the reasons must be provided.

Article 15. Procedures for changing the printing activity permit for publications as stipulated in Clause 6, Article 32 of the Law on Publishing

1. Within fifteen (15) days from the date of any change specified in Clause 6, Article 32 of the Law on Publishing, the printing facility must submit an application for changing the printing activity permit for publications.

2. The application for changing the printing activity permit for publications must be submitted directly or via postal service to the Publishing, Printing and Distribution Department or Provincial Department of Information and Communications.

In the case of submitting the application online, the printing facility must have a digital certificate issued by a service provider of digital signature verification and follow the guidance on the e-Government Portal of the Publishing, Printing and Distribution Department or Provincial Department of Information and Communications regarding online public services.

3. The application must be prepared in one (1) set, including:

a) Application for changing the printing activity permit for publications;

b) Original printing activity permit;

c) Documents proving any of the changes specified in Clause 6, Article 32 of the Law on Publishing.

4. Within seven (7) working days from the date of receipt of all necessary documents, the Publishing, Printing and Distribution Department or Provincial Department of Information and Communications must issue the changed printing activity permit; if the permit is not issued, a written response explaining the reasons must be provided.

Article 16. Procedures for Revoking the Permit for Printing Publishing Materials as stipulated in Clause 8, Article 32 of the Law on Publishing and Clause 3, Article 13 of Decree No. 195/2013/NĐ-CP

1. The procedures for revoking the permit for printing publishing materials in cases specified in Point a and Point b, Clause 8, Article 32 of the Law on Publishing and Point a, Clause 3, Article 13 of Decree No. 195/2013/NĐ-CP shall be carried out as follows:

a) The determination of the printing facility to have its permit revoked must be conducted through inspection and audit work within the information and communication sector.

b) The competent authority conducting the inspection and audit at the printing facility shall prepare a record. Within five working days from the date of preparing the record, the competent authority conducting the inspection and audit shall submit a report to the authority that issued the permit for printing publishing materials.

c) Within five working days from the date of receiving the request from the competent authority as specified in Point a of this Clause, the Publishing, Printing and Distribution Department or the Provincial Department of Information and Communications must issue a notice requiring the printing facility to rectify the cause leading to the revocation of the permit for printing publishing materials within thirty days.

d) At the end of the thirty-day period, if the printing facility fails to rectify the cause leading to the revocation of the permit for printing publishing materials, the Director of the Publishing, Printing and Distribution Department or the Director of the Provincial Department of Information and Communications shall issue a decision to revoke the permit for printing publishing materials and require the printing facility to return the issued permit.

2. The procedures for revoking the permit for printing publishing materials in the case specified in Point b, Clause 3, Article 13 of Decree No. 195/2013/NĐ-CP:

If, six months from the date of issuance of the permit for printing publishing materials, the printing facility has not invested sufficient equipment and has not submitted copies of purchase receipts or lease-purchase agreements for such equipment as required under Point c, Clause 2, Article 13 of Decree No. 195/2013/NĐ-CP, the Publishing, Printing and Distribution Department or the Provincial Department of Information and Communications must issue a decision to revoke the permit for printing publishing materials and require the printing facility to return the issued permit.

Article 17. Retention and Management of Records for Accepting Printing of Publishing Materials as stipulated in Clause 1, Article 35 of the Law on Publishing

The head of the printing facility for publishing materials must organize the retention and management of records for accepting printing of publishing materials for twenty-four months from the date of signing the printing contract. The records to be retained include:

1. For publishing materials of publishers:

a) The original decision on publication by the general director (director) of the publisher;

b) The original contract for prepress, printing, and post-print processing between the printing facility and the publisher;

c) The original proofreading sheet when the manuscript includes a proofreading sheet, and one of the types of manuscripts printed on ordinary paper, on offset paper, on film, or electronic manuscript complying with the provisions of Article 5 of this Circular.

2. For non-commercial publications:

a) The original publication permit for non-commercial publications;

b) The original contract for prepress, printing, and post-print processing between the printing facility and the publisher and the agency or organization granted the publication permit for non-commercial publications;

c) The manuscript printed on ordinary paper stamped by the agency issuing the publication permit for non-commercial publications.

3. For publishing materials printed for foreign countries:

a) The original permit for printing publishing materials for foreign countries;

b) The manuscript stamped by the agency issuing the permit for printing publishing materials for foreign countries.

4. In cases where cooperation in prepress, printing, and post-print processing of publishing materials is carried out in accordance with the law, in addition to retaining copies of the records for accepting printing of publishing materials according to each case specified in Clause 1, Clause 2, and Clause 3 of this Article, the printing facility must also retain the following documents:

a) The original document of the organization or individual with publishing materials or non-commercial publications approving the printing facilities to cooperate in accordance with the law;

b) The original contract for cooperative prepress, printing, and post-print processing of publishing materials.

5. The record book for managing prepress, printing, and post-print processing of publishing materials must contain complete information.

Chapter IV

FIELD OF DISTRIBUTION OF PUBLISHING MATERIALS

Article 18. Procedures and formalities for registering distribution activities of publishing materials as stipulated in Article 37 of the Law on Publishing

1. Fifteen days before commencing operations, the distribution facility which is a business enterprise or a public service unit (hereinafter referred to as the distribution facility) must register its distribution activity of publishing materials according to the cases specified in Point a and Point b, Clause 1, Article 37 of the Law on Publishing.

2. The registration dossier for distribution activities of publishing materials must be submitted directly or via postal services to the Publishing, Printing and Distribution Department or the Provincial Department of Information and Communications.

In the case of submitting the dossier via the Internet, the distribution facility must have a digital signature certificate issued by a service provider of digital signatures and follow the guidelines on the online service portal of the Publishing, Printing and Distribution Department or the Provincial Department of Information and Communications.

3. The dossier shall be prepared in one set comprising:

a) Application for registration of distribution activities of publishing materials;

b) A copy (together with the original for verification) or a certified copy of one of the following documents: Business Registration Certificate, Enterprise Registration Certificate, Investment Certificate, Tax Registration Certificate, Decision on Establishment of the Distribution Facility as a Public Service Unit;

c) A copy (together with the original for verification) or a certified copy of property ownership documents or lease/mortgage agreement for the business premises;

d) A copy (together with the original for verification) or a certified copy of household registration or other documents proving permission to reside in Vietnam issued by a competent Vietnamese authority for the head of the distribution facility;

đ) A copy (together with the original for verification) or a certified copy of the qualification certificate or training certificate in distribution of publishing materials issued by a specialized training institution for the head of the distribution facility.

4. Within seven working days from the date of receiving all necessary documents, the Publishing, Printing and Distribution Department or the Department of Information and Communications must confirm the registration for publication distribution activities in writing; in case of non-confirmation, a written response stating the reasons must be provided.

The confirmation of registration for publication distribution activities shall lose its validity in cases where the distribution entity undergoes merger, division, dissolution, or bankruptcy.

Article 19. A distribution entity that is a business or public service unit undergoing changes must report and re-register for publication distribution activities.

1. Not later than ten days from the date of any of the following changes, the distribution entity must notify in writing, accompanied by proof of the change, to the Publishing, Printing and Distribution Department or the Department of Information and Communications:

a) Change in organizational form;

b) Change in the head of the distribution entity;

c) Change in the main office location, branch location, or business location within the same province or centrally-administered city.

2. Not later than ten days from the date of any of the following changes, the distribution entity must re-register for publication distribution activities according to the procedures and formalities stipulated in Article 18 of this Circular:

a) Moving the main office or branch to another province or centrally-administered city;

b) Establishing or dissolving a branch within the same province or centrally-administered city where the main office is located;

c) Establishment or dissolution of a branch in a province or centrally-administered city not located at the main office.

Article 20. Documents and procedures for registering imported publications for business purposes as prescribed in Article 39 of the Law on Publishing 1. The documents for registering imported publications for business purposes include:

a) Application for registration of imported publications;

b) Three (3) copies of the list of publications registered for import.

2. The documents for registering imported publications for business purposes must be submitted directly or through postal services to the Publishing, Printing and Distribution Department.

3. In case there is a change in information in the list of imported publications already confirmed for registration, the importing business entity must submit a written report on the changed information and simultaneously register new information (if any) with the Publishing, Printing and Distribution Department for supplementary registration confirmation.

In the case of submitting the dossier via the Internet, the distribution facility must have a digital signature certificate issued by a service provider of digital signatures and follow the guidelines on the online service portal of the Publishing, Printing and Distribution Department or the Provincial Department of Information and Communications.

Examination of imported publications not for business purposes suspected of violating laws as stipulated in Clause 5 and Clause 6, Article 41 of the Law on Publishing

Article 21. 1. Where an organization, entity, or individual cannot provide one (1) copy of the publication for content examination as the basis for issuing an import permit, the Publishing, Printing and Distribution Department or the Department of Information and Communications will issue an import permit for one (1) copy/publication name and require the organization or individual to submit it for content examination.

If necessary, the Publishing, Printing and Distribution Department or the Department of Information and Communications may issue additional import permits for a minimum number of publications sufficient for content examination.

2. Organizations or individuals with imported publications must pay fees as prescribed by law before the Publishing, Printing and Distribution Department or the Department of Information and Communications organizes content examination.

3. Within fifteen days from the date of receipt of imported publications for content examination, the Publishing, Printing and Distribution Department or the Department of Information and Communications must establish an examination board. The composition of the board, the number of board members, and the invitation of experts to join the examination board shall be decided by the Director of the Publishing, Printing and Distribution Department or the Director of the Department of Information and Communications.

4. The examination period for each publication shall not exceed nine working days from the date the examination board is established. The examination results shall be documented in writing, clearly identifying whether the publication contents violate the Law on Publishing and other relevant laws.

5. Within five working days from the date of receipt of the content examination results of imported publications, the Publishing, Printing and Distribution Department or the Department of Information and Communications must review the examination results to issue an import permit; if the import permit for the publication is not issued, the Publishing, Printing and Distribution Department or the Department of Information and Communications must provide a written response stating the reasons.

Vietnam Representative Office of Foreign Publishers,

Chapter V

 OF FOREIGN PUBLICATION DISTRIBUTION ORGANIZATIONS

OF THE ORGANIZATION ISSUING FOREIGN PUBLICATIONS

Article 22. Adjustment and Supplement of Information in the Representative Office Establishment Permit upon Changes

1. Within the latest five working days from the date of occurrence of any of the following changes, the representative office must complete the procedures to request adjustment and supplement of information in the representative office establishment permit:

a) Change of the location of the representative office headquarters;

b) Change of the head, name, or scope of activities.

2. The application for adjustment and supplement of information in the representative office establishment permit shall be submitted directly or through postal service to the Publishing, Printing and Distribution Department as follows:

a) In case of change of the location of the representative office headquarters, the dossier shall be prepared in one set in both Vietnamese and English with notarization, including:

Request for adjustment and supplement of information in the permit;

Representative office establishment permit;

Documents proving the existence of an office or lease agreement for the new location to serve as the representative office headquarters;

b) In case of change of the head, name, or scope of activities of the representative office, the dossier shall be prepared in one set in both Vietnamese and English with notarization, including:

Request for adjustment and supplement of information in the permit;

Representative office establishment permit;

A copy (presented together with the original for verification) or a certified copy of the following documents: university degree certificate or higher, criminal record sheet, and household registration book or documents proving permission to reside permanently in Vietnam issued by competent Vietnamese authorities for the head of the representative office.

3. Within seven working days from the date of receipt of the complete dossier, the Publishing, Printing and Distribution Department shall have the responsibility to submit to the Minister of Information and Communications for confirmation of the changed information in the representative office establishment permit; if not confirmed, a written response stating the reasons must be provided.

Article 23. Responsibilities of the Representative Office

1. Operate according to the contents recorded in the representative office establishment permit issued by the Ministry of Information and Communications.

2. Not act as a representative for foreign publishers or other foreign organizations distributing publications.

3. Not establish, participate in capital contribution to establish a business, or directly perform work generating profit in Vietnam.

4. Cease operations when the foreign publisher or foreign organization distributing publications ceases operations, dissolves, or goes bankrupt abroad.

5. Publicly post at the representative office headquarters regarding cessation of operations, and simultaneously send a notification letter about cessation of operations to the Ministry of Information and Communications, the Provincial Department of Information and Communications, and related agencies, organizations, and individuals at least fifteen days before the cessation date.

6. Comply with the provisions of the Law on Publishing, Decree No. 195/2013/ND-CP, this Circular, and other relevant Vietnamese laws concerning representative offices.

Chapter VI

PUBLISHING AND DISTRIBUTION OF ELECTRONIC PUBLICATIONS

Article 24. Responsibility for Reviewing Proposals and Confirming Registration for Publishing and Distributing Electronic Publications as stipulated in Article 18 of Decree No. 195/2013/ND-CP

1. Within fifteen days from the date of receipt of the proposal for publishing and distributing electronic publications from the publisher, organization, or individual as prescribed in Point a Clause 1 Article 18 of Decree No. 195/2013/ND-CP, the Publishing, Printing and Distribution Department shall have the responsibility to examine the suitability and ability to meet the conditions stipulated in Article 17 of Decree No. 195/2013/ND-CP reflected in the proposal and provide a written review opinion.

2. Within twenty days from the date of receipt of the registration dossier for publishing and distributing electronic publications, the Publishing, Printing and Distribution Department shall have the responsibility to check compliance with the conditions in the proposal based on the review opinion and issue a written confirmation of registration for publishing and distributing electronic publications to the publisher, organization, or individual; if registration is not confirmed, a written response stating the reasons must be provided.

Article 25. Technical solutions for copyright control in the activities of publishing and distributing electronic publications as stipulated in Point d Clause 3 Article 17 Decree No. 195/2013/ND-CP.

Publishers and organizations or individuals distributing electronic publications must meet the conditions regarding technical solutions for copyright control in the activities of publishing and distributing electronic publications as stipulated in Point d Clause 3 Article 17 Decree No. 195/2013/ND-CP:

1. Having equipment and software to prevent unauthorized intervention, alteration, and illegal copying of part or all of the content of electronic publications.

2. Implementing technical measures to verify the legality of users when accessing and using electronic publications and ensuring privacy, security, and protection of personal information.

3. Including terms informing users about their responsibility to comply with laws on publishing and intellectual property before accessing and using electronic publications.

Article 26. Digital format for electronic publications as stipulated in Point c Clause 2 Article 19 Decree No. 195/2013/ND-CP.

1. The digital format of electronic publications must meet the following requirements:

a) Being compatible with common electronic devices and complying with current technical standards and regulations;

b) Allowing the establishment of mechanisms to prevent unauthorized intervention, alteration, and illegal copying of part or all of the content of electronic publications.

2. Publishers and organizations or individuals distributing electronic publications have the responsibility to provide detailed information and structure of the digital format to state management agencies in the field of publishing upon request.

Chapter VII

IMPLEMENTING PROVISIONS

Article 27. Issuance of forms

This Circular issues six appendices including forms and templates to be uniformly applied in publishing activities:

1. Appendix I includes 16 forms and templates applicable in the field of publishing;

2. Appendix II includes seven forms and templates applicable in the field of printing publications;

3. Appendix III includes seventeen forms and templates applicable in the field of distribution of publications;

4. Appendix IV includes four forms and templates applicable to representative offices in Vietnam of foreign publishers and foreign distribution organizations;

5. Appendix V includes three forms and templates applicable in the publication and distribution of electronic publications;

6. Appendix VI includes nine forms and templates applicable in implementing reporting systems and certificates of completion of vocational training courses in the fields of publishing, printing, and distribution of publications.

Article 28. Effective Date

1. This Circular takes effect from February 15, 2015.

2. The following legal documents and regulations shall cease to be effective from the date this Circular takes effect:

a) Circular No. 61/2006/TT-BVHTT dated June 15, 2006 issued by the Minister of Culture, Sports and Tourism guiding the printing of information on calendars;

b) Decision No. 102/2006/QĐ-BVHTT dated December 29, 2006 issued by the Minister of Culture, Sports and Tourism promulgating the Regulations on the preservation of publications;

c) Decision No. 38/2008/QĐ-BTTTT dated June 17, 2008 issued by the Minister of Information and Communications promulgating the Regulations on cooperation in publishing activities;

d) Circular No. 02/2010/TT-BTTTT dated January 11, 2010 issued by the Minister of Information and Communications detailing certain provisions of the Publishing Law dated December 3, 2004, the Law Amending and Supplementing Certain Provisions of the Publishing Law dated June 3, 2008, Decree No. 111/2005/NĐ-CP dated August 26, 2005, and Decree No. 11/2009/NĐ-CP dated February 10, 2009;

đ) Article 11 of Circular No. 22/2010/TT-BTTTT dated October 6, 2010 issued by the Minister of Information and Communications on organization and operation of printing; amending and supplementing certain provisions of Circular No. 04/2008/TT-BTTTT dated July 9, 2008 and Circular No. 02/2010/TT-BTTTT dated January 11, 2010 of the Ministry of Information and Communications;

e) Circular No. 29/2010/TT-BTTTT dated December 30, 2010 issued by the Minister of Information and Communications on non-commercial publication;

g) Circular No. 12/2011/TT-BTTTT dated May 27, 2011 issued by the Minister of Information and Communications amending, supplementing, and replacing certain provisions of Circular No. 02/2010/TT-BTTTT dated January 11, 2010;

h) Circular No. 13/2011/TT-BTTT dated June 6, 2011 issued by the Minister of Information and Communications on representative offices in Vietnam of foreign publishers and foreign distribution organizations.

3. In the course of implementation, in case of difficulties, it is requested that agencies, organizations, and individuals report in writing to the Ministry of Information and Communications for consideration and resolution./.