Decree No. 282/SL On the Press System

DECREE

CHAIRMAN'S DECREE NO. 282/SL

HANOI, DECEMBER 14, 1956

THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF VIETNAM

Pursuant to Decree No. 41 dated March 29, 1946 on press regulations;

At the proposal of the Ministry of Interior and the Ministry of Justice;

In accordance with the resolution of the Council of Ministers, after consultation with the Standing Committee of the National Assembly,

ISSUES THE DECREE:

PART I

NATURE AND DUTIES OF THE PRESS

Article 1

This Decree aims to ensure the freedom of speech for the people through the press and to prohibit those who abuse this right from harming the struggle for peace, unity, independence, and democracy of the country.

Article 2

Under our regime, regardless of whether it belongs to a state agency, political party, people's organization, or private individual, the press is a tool for the people's struggle, must serve the interests of the nation and the people, protect the people's democratic regime, and support the Government of the Democratic Republic of Vietnam.

Article 3

The press under our regime has the following duties:

a) To propagate and educate the people, to inspire their spirit of solidarity and effort in implementing all policies of the Government, to struggle to defend the achievements of the revolution, to build the people's democratic regime, to develop friendly relations between our people and the people of friendly countries and the world's peace-loving people, and to serve the struggle for a peaceful, unified, independent, democratic, and prosperous Vietnam.

b) To struggle against all plots, actions, and rhetoric that undermine the construction of a strong northern region, the struggle for national reunification, and the maintenance of peace.

PART II

PROVISIONS ON RIGHTS, PRIVILEGES, AND ACTIVITIES OF THE PRESS

PART I - RIGHTS AND PRIVILEGES OF THE PRESS

Article 4

The freedom of speech of the people through the press is guaranteed.

All press outlets enjoy the right to freedom of speech. Pre-publication censorship is not required; however, in cases of emergency, if temporary censorship is deemed necessary, the Council of Ministers will decide.

Article 5

The press may reflect the opinions and aspirations of the people towards state agencies and people's organizations, and provide suggestions for the formulation and implementation of government policies and strategies.

Article 6

The rights and benefits of professional journalists shall be regulated by a decree of the Prime Minister.

PART II - CONDITIONS FOR THE OPERATION OF THE PRESS

, Clause 1, Clause 2 Article 7a of this Regulation.

To ensure the necessary foundation to fulfill the responsibilities of the press and to guarantee the professional activities, the following conditions must be met to publish a newspaper:

a) The newspaper must have officially responsible persons, including the editor-in-chief (or general editor or chief editor), and a manager. These individuals must be citizens with full civil rights and not be subject to criminal prosecution under the law.

b) The purpose and objectives of the newspaper must be clear and consistent with the nature and duties prescribed in Chapter I.

c) It must have an official headquarters.

Article 8

To publish a newspaper, prior permission must be sought and all registration procedures completed. Only after obtaining a permit from the government agency responsible for the press can the newspaper commence operations.

Any newspaper that has been permitted to publish and subsequently undergoes changes in its purpose, name, publication frequency, or officially responsible persons must reapply and resubmit the relevant information.

Article 9

To ensure the proper use of the freedom of speech through the press, the press must comply with the following provisions:

a) It shall not propagate against the laws of the state. It shall not incite the people not to comply with or oppose state laws and policies. It shall not write articles that are anti-people's democratic regime, anti-state authority, divisive of the people and the state, or the people and the military. It shall not cause harmful public opinion or actions detrimental to social security and order.

b) It shall not propagate against the consolidation of peace, the realization of national unity, the completion of independence and democracy of Vietnam, or diminish the spirit of solidarity and determination of the people and the military.

c) It shall not propagate ethnic division, hatred among peoples, damage friendly relations between our people and the people of other countries, nor promote narrow nationalism, imperialism, or war propaganda.

d) It shall not disclose state secrets: defense secrets, confidential meetings of responsible agencies that have not yet been officially announced, ongoing investigations of cases that have not yet been tried, court judgments that the courts do not allow to be published, economic and financial data and bases that the State Planning Commission or authorized agencies have not yet made public.

e) It shall not propagate obscenity, debauchery, or depravity.

Article 10

Any newspaper that publishes defamatory or insulting articles about an organization or individual may be required by the aggrieved party to issue a correction or publish the aggrieved party's correction; additionally, the aggrieved party may request judicial proceedings.

Article 11

Prior to publication, newspapers must comply with the rules for depositing copies.

Article 12

Newspapers that have been ordered to be withdrawn by the authorities shall not be distributed or reprinted.

CHAPTER III

IMPLEMENTING PROVISIONS

PART I - PROVISIONS ON DISCIPLINARY MEASURES.

Article 13

Any press violating Article 8 shall be punished:

Seizure of publications, permanent cessation of publication, and prosecution before the court, shall be fined from one hundred thousand dong (100,000 dong) to five hundred thousand dong (500,000 dong), or the responsible person may be imprisoned for one month to one year, or both penalties.

Any press violating Article 9 or Article 12 shall be punished: depending on the severity of the offense, they may be warned, seizure of publications, temporary cessation of publication, permanent cessation of publication, or prosecution before the court, which may result in a fine from one hundred thousand dong (100,000 dong) to one million dong (1,000,000 dong), or the responsible person may be imprisoned for one month to two years, or both penalties. If the offender is found to have violated other laws, the court will impose additional punishment according to those laws.

Any press violating Article 10 shall be punished: depending on the severity of the offense, they may be warned, temporary cessation of publication, or prosecution before the court, which may result in a fine from fifty thousand dong (50,000 dong) to two hundred thousand dong (200,000 dong).

Any press violating Article 11 shall be warned or their publications seized.

Article 14

In each case of violation, the editor-in-chief and chief editor of the newspaper shall bear primary responsibility; managers and authors must also jointly bear responsibility for their part.

If printing newspapers that have been ordered to be seized or suspended, or newspapers without a permit, the printer shall also jointly bear responsibility.

PART II - GENERAL PROVISIONS

Article 15

The provisions of this decree apply to all publications with journalistic characteristics, magazines written in Vietnamese or foreign languages, including illustrated newspapers, published regularly or irregularly, within the territory of the Democratic Republic of Vietnam, issued individually or bound in volumes or books, printed by machine, by hectograph, lithography, stone printing, sold or distributed free of charge, circulated among the public or within specific sectors or organizations.

Article 16

All newspapers published before the issuance date of this decree are exempt from obtaining permission. Those that have not completed the declaration procedures must now declare correctly.

Article 17

All regulations and newspapers issued prior to this decree that contradict the provisions of this decree are hereby abolished.

Article 18

The Prime Minister shall stipulate the implementation details of this decree.

Article 19

The Prime Minister, the Ministers of the Ministry of Interior, the Ministry of Justice, and the Ministry of Public Security are responsible for enforcing this decree.