Circular No. 23/2023/TT-BTTTT amending and supplementing certain provisions of Circular No. 01/2020/TT-BTTTT dated February 7, 2020, issued by the Minister of Information and Communications detailing and guiding the implementation of certain provisions of the Law on Publishing and Decree No. 195/2013/NĐ-CP dated November 21, 2013, of the Government detailing certain provisions and measures to implement the Law on Publishing.

CIRCULAR

Amending and supplementing some articles of Circular No. 01/2020/TT-BTTTT dated February 7, 2020 issued by The Minister of Information and Communications detailing and guiding the implementation of certain provisions and measures to enforce the Law on Publishing and Decree No.FUNCTIONS, DUTIES, POWERS, ORGANIZATIONAL STRUCTURE, OPERATIONAL REGULATIONS, AND RELATIONSHIPS OF MANAGEMENT BOARDS; DUTIES, POWERS OF THE CHAIRPERSON, VICE CHAIRPERSON (IF ANY), SECRETARY, AND MEMBERS OF MANAGEMENT BOARDS195/2013/NĐ-CP dated November 21, 2013 of the Government detailing certain provisions and measures to enforce the Law on Publishingidated November 20, 2012Pursuant to Decree No. 24/2018/NĐ-CP dated February 27, 2018 of the Government on handling complaints and reports in the fields of labor, vocational education, dispatching Vietnamese workers abroad under contracts, employment, occupational safety and health;(amended and supplemented by certain articles related to planning on November 20, 2018and amended and supplemented by certain articles related to conditions for investment and business and administrative procedures in the field of information and communications on November 7, 2018of the Government detailing certain provisions and measures to enforce the Law on Publishingi dated November 21, 2013 of the Government detailing certain provisions and measures to enforce the Law on Publishing

Pursuant toThe Minister of Information and Communications issues this Circular amending and supplementing some articles of Circular No. 03/2015/TT-BTTTT dated March 6, 2015 of the Minister of Information and Communications detailing and guiding the implementation of certain Articles and Clauses of Decree No. 60/2014/NĐ-CP dated June 19, 2014 of the Government on printing activities, Circular No. 05/2016/TT-BTTTT dated March 1, 2016 of the Minister of Information and Communications on managing and using International Standard Book Numbers, Circular No. 22/2018/TT-BTTTT dated December 28, 2018 of the Minister of Information and Communications promulgating the List of goods for import and export in the field of printing and publishing distribution, and Circular No. 09/2013/TT-BTTTT dated April 8, 2013 of the Minister of Information and Communications promulgating the List of software and hardware, electronic products (amended and supplemented by Circular No. 20/2021/TT-BTTTT dated December 3, 2021 of the Minister of Information and Communications).(hereinafter referred to as Circular No. 01/2020/TT-BTTTT). Pursuant to Decree No. 48/2022/NĐ-CP dated July 26, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of Law amending and supplementing some articles of Law No. 37 lAmendment and Supplement to Certain Provisions of the Tobacco Control Law issue The Minister of Information and Communications promulgates this Circular amending and supplementing some articles of Circular No. 01/2020/TT-BTTTT dated February 7, 2020);

Decree No. 195/2013/ND-CPdetailing and guiding the implementation of certain provisions of the Law on Publishing and Decree No. Pursuant to Decree No. 48/2022/NĐ-CP dated July 26, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of Decree No. 150/2018/ND-CP195/2013/NĐ-CP dated November 21, 2013 of the Government detailing certain provisions and measures to enforce the Law on Publishing);

(hereinafter referred to as Circular No. 01/2020/TT-BTTTT). the Ministry of Information and Communications;

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

Article 1. Amending and supplementing some articles of Circular No. 01/2020/TT-BTTTT of The Minister of Information and Communications "Article 2. Periodic reporting regime prescribed in Clause 1 and Clause 2 of Article 5 of Decree No. 195/2013/NĐ-CP11. Agencies, organizations, and individuals prescribed in Clause 1 and Clause 2 of Article 5 of Decree No. 195/2013/NĐ-CP shall implement the periodic reporting regime in publishing activities according to Circular No. 02/2023/TT-BTTTT dated March 21, 2023 of the Minister of Information and Communications stipulating the periodic reporting regime within the scope of management under the Ministry of Information and Communications. 2. Provincial Department of Information and Communications or specialized agencies assigned by the People's Committee of the province or centrally-administered city to manage state administration over publishing activities (hereinafter referred to as "Department"), central printing establishments, and local printing establishments shall combine the content of reports on the operation of printing publications with the operation of printing non-publication products in the same report and implement according to:

a) Clause 3 of Article 1 of Decree No. 25/2018/NĐ-CP dated February 28, 2018 of the Government amending and supplementing some articles of Decree No. 60/2014/NĐ-CP dated June 19, 2014 of the Government stipulating printing activities;

1. Market management agencies at all levels include: the Department of Domestic Market Management and Development under the Ministry of Industry and Trade; the Market Management Business Unit under the Department of Domestic Market Management and Development; the Market Management Sub-department under the Department of Industry and Trade of provinces and centrally-administered cities; and the Market Management Team under the Market Management Sub-department.

b) Forms 13, 15a, 15b, and 15c attached to Decree No. 72/2022/NĐ-CP dated October 4, 2022 of the Government amending and supplementing some articles of Decree No. 60/2014/NĐ-CP dated June 19, 2014 of the Government stipulating printing activities and Decree No. 25/2018/NĐ-CP dated February 28, 2018 of the Government amending and supplementing some articles of Decree No. 60/2014/NĐ-CP dated June 19, 2014 of the Government stipulating printing activities."

2. Amending and supplementing Clause 2 and Clause 3 of Article 6 as follows:

"2. The procedures, formalities, and methods for reissuing the certificate of practice in editing prescribed in Clause 4 of Article 20 of the Law on Publishing shall be implemented as follows:

a) After two years from the date the certificate of practice in editing was revoked, the editor may apply to the Publishing, Printing, and Distribution Agency for reissuance of the certificate of practice in editing. The application for reissuance of the certificate of practice in editing according to Form No. 05 shall be submitted directly or through postal services or via the online public service system to the Publishing, Printing, and Distribution Agency;

b) Within seven working days from the date of receipt of complete files, the Publishing, Printing, and Distribution Agency shall complete the reissuance of the certificate of practice in editing for the editor; if the certificate of practice in editing is not reissued, a written response must be provided stating the reasons.

3. The procedures, formalities, and methods for reissuing the certificate of practice in editing prescribed in Clause 5 of Article 20 of the Law on Publishing shall be implemented as follows:

a) Not later than fifteen days from the date the certificate of practice in editing is lost or damaged, the editor must submit an application for reissuance of the certificate of practice in editing according to Form No. 05 directly or through postal services or via the online public service system to the Publishing, Printing, and Distribution Agency;

b) Within five working days from the date of receipt of complete files, the Publishing, Printing, and Distribution Agency shall complete the reissuance of the certificate of practice in editing for the editor; if the certificate of practice in editing is not reissued, a written response must be provided stating the reasons."

3. Amending and supplementing Clause 1 of Article 10 as follows:

"1. The application for a permit to publish non-commercial materials shall be submitted directly or through postal services or via the online public service system to the Publishing, Printing, and Distribution Agency or the Department."

4. Amending and supplementing Clause 2, Clause 3, and Clause 4 of Article 13 as follows:

"2. The application for reissuance of a permit for printing publication materials shall be submitted directly or through postal services or via the online public service system to the Publishing, Printing, and Distribution Agency or the Department.

3. The application for reissuance of a permit for printing publication materials according to Form No. 18;

4. Within five working days from the date of receipt of complete files, the Publishing, Printing, and Distribution Agency or the Department must issue a new permit for printing publication materials; if the permit is not reissued, a written response must be provided stating the reasons."

5. Amending and supplementing Clause 2, Clause 3, and adding Clause 5 after Clause 4 of Article 14 as follows:

a) Amending and supplementing Clause 2 and Clause 3 as follows:

"2. The application for replacement of a permit for printing publication materials shall be submitted directly or through postal services or via the online public service system to the Publishing, Printing, and Distribution Agency or the Department.

3. The application shall be prepared in one (01) set, including:

a) The application for replacement of a permit for printing publication materials according to Form No. 18;

b) In case of change of production premises address, the printing establishment of publication materials shall attach a copy of the land use right certificate or lease agreement or other types of documents proving the assignment of land, lease of land, or lease of premises."

"2. The application dossier for renewing the printing business license for publishing products shall be submitted directly or through postal services or via the online public service system to the Publishing, Printing and Distribution Department or the Department.

3. The dossier shall consist of one (01) set, including:

a) An application form for renewing the printing business license for publishing products according to Form No. 18;

b) In cases where there is a change in the production premises address, the printing establishment shall attach a copy of the land use right certificate or contract or other documents proving the allocation, lease of land or leased premises."

b) Add Clause 5 following Clause 4 as follows:

“5. When there is a change in the head of the printing facility for publications, such facility must comply with the provisions of Clause 7, Article 32 of the Law on Publishing; in cases where the printing facility for publications requests to replace its operating permit, the Publishing, Printing and Distribution Department or the Provincial Department shall be responsible for issuing a new operating permit for printing publications.”

6. Add Clause 6 following Clause 5 of Article 16 as follows:

“6. The printing facility for publications must retain all original copies of the printing publication files specified in Clauses 1 through 4 of this Article in paper form, except when the original copy is in electronic form, it must be retained electronically (stored on data storage devices, computers, or other forms) ensuring ease of access and retrieval when necessary or upon request for inspection or audit purposes.”

7. Amend and supplement Clause 2, Clause 3, and Clause 4 of Article 17 as follows:

“2. The application for registration of publication distribution activities can be submitted directly, via postal service, or through the online public service system to the Publishing, Printing and Distribution Department or the Provincial Department.

3. The application consists of one (01) set (except in cases where the specialized database linkage between ministries, sectors, localities, and publication distributors has been completed, publication distributors are not required to submit the components specified in Points b, c, and d of this Clause), including:

a) An application for registration/re-registration of publication distribution activities according to Form No. 35;

b) A copy of the ownership certificate of the headquarters or lease/mortgage agreement for the premises used as the business location;

c) A copy of the certificate proving permission to reside in Vietnam issued by the competent authority in Vietnam for the head of the publication distributor who holds foreign nationality;

d) A copy of the diploma or certificate of training in knowledge and skills related to publication distribution issued by a specialized training institution for publication distribution.

In cases where the application is submitted through the online public service system, the components specified in Points b, c, and d of this Clause must be certified electronic copies.

4. Within five working days from the date of receipt of the complete application, the Publishing, Printing and Distribution Department or the Provincial Department must issue a confirmation of registration for publication distribution activities; if the confirmation of registration for publication distribution activities is not issued, a written response explaining the reasons must be provided.

The confirmation of registration for publication distribution activities becomes invalid in cases of merger, division, dissolution, or bankruptcy of the publication distributor.”

8. Amend and supplement Clause 2 and add Clause 3 following Clause 2 of Article 18 as follows:

a) Amend and supplement Clause 2 as follows:

“2. Within ten days from the date of any of the following changes, the publication distributor must re-register its distribution activities according to the procedures and formalities prescribed in Article 17 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) Establishing or dissolving a branch in a province or centrally-administered city where the main office is not located;

d) Loss or damage of the confirmation of registration for publication distribution activities.”

b) Add Clause 3 following Clause 2 as follows:

“3. Upon occurrence of any changes stipulated in Clause 1 of this Article, the publication distributor must notify the Publishing, Printing and Distribution Department or the Provincial Department in writing; if the publication distributor requests a replacement confirmation of registration for publication distribution activities, the Publishing, Printing and Distribution Department or the Provincial Department will accept the application and process it according to the provisions of Clauses 2, 3, and 4 of Article 17 of this Circular.”

9. Amend and supplement Clause 1 and Clause 2 of Article 19 as follows:

“1. The application for importing publications for business includes:

a) An application for importing publications according to Form No. 26;

b) Three (03) copies of the list of publications to be imported in case of direct submission or submission via postal service; one (01) copy (file) of the list of publications to be imported in case of online submission through the National Single Window Portal.

2. The application for importing publications for business can be submitted directly, via postal service, or online through the National Single Window Portal as instructed.”

10. Amend and supplement Clause 2 and Clause 3 of Article 21 as follows:

“2. Within five working days from the date of any changes in the head, name, scope of operations, or representative office, the procedure for requesting adjustments or supplements to information in the establishment permit of the representative office must be followed.

The application for adjusting or supplementing information in the establishment permit consists of one (01) set in Vietnamese (if the application is in a foreign language, it must be accompanied by a certified translation into Vietnamese), and can be submitted directly, via postal service, or through the online public service system to the Publishing, Printing and Distribution Department, including:

a) An application for adjusting or supplementing information in the establishment permit according to Form No. 40;

b) A copy of the establishment permit for the representative office;

c) A copy of the bachelor's degree or other higher education diploma of the head of the representative office.

If the head of the representative office holds foreign nationality, they must also submit a copy of the certificate proving permission to reside in Vietnam issued by the competent authority in Vietnam (once the specialized database linkage between ministries, sectors, and localities is completed, the requirement to submit the certificate proving permission to reside in Vietnam as specified herein will be waived).

3. Within seven working days from the date of receipt of the complete application, the Publishing, Printing and Distribution Department is responsible for confirming the changed information in the establishment permit of the representative office; if confirmation is not provided, a written response explaining the reasons must be given.”

Article 2. Repeal certain provisions of Circular No. 01/2020/TT-BTTTT

Repeal the following provisions:

1. Clause 5 of Article 16.

2. Article 27 and the Appendix containing 53 forms and templates issued together with Circular No. 01/2020/TT-BTTTT.

Article 3. Issuance of Forms and Templates

Issued together with this Circular are 45 forms and templates to replace the 53 forms and templates in the Appendix issued together with Circular No. 01/2020/TT-BTTTT.

Article 4. Transitional Provisions

For administrative procedures where the application date precedes the effective date of this Circular but have not yet been resolved, relevant agencies, organizations, and individuals shall continue to implement according to the provisions of Circular No. 01/2020/TT-BTTTT until the resolution is completed.

Article 5. Effective Date

1. This Circular takes effect from May 1, 2024.

2. During implementation, in case of any difficulties, agencies, organizations, and individuals are requested to report in writing to the Ministry of Information and Communications (through the Publishing, Printing, and Distribution Department) for consideration and resolution./.