Circular No. 29/2010/TT-BTTTT on the publication of non-commercial materials

CIRCULAR

Regulations on publishing non-commercial materials

 ______________________

MINISTER OF INFORMATION AND COMMUNICATIONS

Based on the Law on Publishing dated December 3, 2004 and the Law Amending and Supplementing Certain Provisions of the Law on Publishing dated June 3, 2008;

Based on Decree No. 111/2005/NĐ-CP dated August 26, 2005 of the Government detailing and guiding the implementation of certain provisions of the Law on Publishing;

Based on Decree No. 11/2009/NĐ-CP dated February 10, 2009 amending and supplementing Decree No. 111/2005/NĐ-CP dated August 26, 2005 of the Government detailing and guiding the implementation of certain provisions of the Law on Publishing;

BASED ON THE GOVERNMENT DECREE NO. 187/2007/NĐ-CP OF DECEMBER 25, 2007 ON THE FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF INFORMATION AND COMMUNICATIONS;

Pursuant to the proposal of the Director of the Publishing Department,

c) Enterprises may be granted permission for no more than one block out of the total three dual-frequency blocks (FDD) B

Article 1. Scope of Regulation

This Circular stipulates the publication of non-commercial materials (non-sale materials, free distribution materials, internal circulation materials - hereinafter referred to as materials) without going through a publisher but being licensed by state management agencies for publishing activities.

Article 2. Applicability

1. State agencies, political organizations, socio-political organizations, socio-professional organizations, public service units, people's armed forces units, economic organizations, and foreign-invested enterprises with 100% foreign capital in Vietnam (hereinafter referred to as Vietnamese agencies and organizations);

2. Foreign agencies and organizations, international organizations (hereinafter referred to as foreign agencies and organizations);

3. State management agencies for publishing activities: The Publishing Department (Ministry of Information and Communications); Provincial Departments of Information and Communications under centrally governed cities (hereinafter referred to as licensing authorities).

Article 3. Licensing Authorities' Competence

1. The Publishing Department (Ministry of Information and Communications) shall issue publication permits to central Vietnamese agencies and organizations and foreign agencies and organizations for materials containing the following contents:

a) Propaganda and promotional materials serving political tasks, major anniversaries, and significant national events;

b) Materials guiding study and implementation of Party policies and guidelines, directives, resolutions of the Party, and laws of the State;

c) Materials guiding production techniques, measures to prevent natural disasters, epidemics, and environmental protection;

d) Proceedings of seminars, conferences, and industry sectors of Vietnamese agencies and organizations;

đ) Materials of foreign agencies and organizations.

2. Provincial Departments of Information and Communications under centrally governed cities shall issue publication permits to Vietnamese agencies and organizations located in their respective localities for materials containing the following contents:

a) Propaganda and promotional materials serving political tasks, major anniversaries, and significant events of the country (including materials about the history of the Party and local government);

b) Materials guiding study and implementation of Party policies and guidelines, directives, resolutions of the Party, and laws of the State serving the locality;

c) Materials guiding production techniques, measures to prevent natural disasters, epidemics, and environmental protection serving the locality;

d) Proceedings of seminars, conferences, and industry sectors of Vietnamese agencies and organizations located in their respective localities.

Article 4. Forms of Published Materials

Materials with contents specified in Article 3 of this Circular shall be published in the following forms:

1. Books;

2. Tapes, discs;

3. Pictures, photographs, posters, loose sheets, folded sheets.

Article 5. Application Documents, Procedures, and Methods for Applying for Publication Permits

Agencies and organizations applying for publication permits for non-commercial materials shall submit directly or by post to the competent licensing authority one complete set of application documents (original) including:

1. An application form for a publication permit for non-commercial materials according to Model 1 attached to this Circular. The form must contain all required information, signed by the head of the agency or organization and stamped by the agency or organization applying for the permit;

2. Two copies of the manuscript of the material stamped at the title page and with the seal of the agency or organization applying for the permit; in case the material is in a foreign language or a minority language of Vietnam, a Vietnamese translation must be attached;

3. For Vietnamese agencies and organizations that are not state agencies and for foreign agencies and organizations, in addition to the documents specified in Clauses 1 and 2 of this Article, they must also present a certified copy of the decision on establishment (or business license) issued by the competent state management agency of Vietnam;

4. For materials that are proceedings, in addition to the documents specified in Clauses 1 and 2 of this Article, there must be confirmation from the supervising agency or the competent agency on the application form;

5. For materials about the history of the Party and local government, in addition to the documents specified in Clauses 1 and 2 of this Article, there must be a content review document from the superior Party and government agency (as required by the licensing authority).

Article 6. Responsibilities of agencies and organizations granted publication permits

1. Only propose to issue publication licenses for materials in accordance with the functions and tasks of the agency or organization that has been authorized to operate.

2. Bear responsibility for publication on the material; implement the recording of information on published materials in accordance with the provisions of Article 26 of the Publishing Law 2004 and Article 1 of the Law Amending and Supplementing Certain Provisions of the Publishing Law 2008;

3. Print the manuscript that has been stamped by the agency granting the publication permit; print at the designated printing facility, with the specified number of prints and distribute within the scope and target audience stated in the license;

4. The selling price must not be indicated in any form on the material;

5. Only advertise products, services, and activities of the agency or organization publishing the material in accordance with the provisions of Article 29 of the Publishing Law 2004;

6. Comply with copyright regulations as stipulated by intellectual property laws;

7. At least ten days before the release date, the agency or organization granted the publication permit must submit a copy of the material to the publication permit authority in accordance with the law on publishing;

8. Be responsible under the law for violations committed by the published material according to the provisions of the Publishing Law.

Article 7. Responsibilities of the publication permit issuing agency

1. Within ten days from the date of receiving complete valid files, the publication permit issuing agency must issue a non-commercial publication license for the material according to the model attached as Appendix No. 2 and No. 3 issued along with this Circular; stamp one copy of the manuscript sent together with the license; if the license is not issued, a written statement explaining the reasons must be provided;

2. Receive and inspect the submitted copy of the material; if a violation is discovered, handle it according to the authority prescribed in the Publishing Law or transfer it to the competent authority for handling in accordance with the law.

Article 8. Fees and Charges

1. The collection of fees and charges for issuing non-commercial publication licenses shall be carried out in accordance with the law on fees and charges;

2. The budget for reading the submitted copy of the material of the publication permit issuing agency shall be implemented in accordance with Circular Jointly Issued by the Ministry of Culture, Sports and Tourism (formerly the Ministry of Culture and Information) and the Ministry of Finance No. 01/2007/TTLT-BVHTT-BTC dated January 22, 2007, guiding the quota and remuneration system for reading published materials for submission.

Article 9. Effective Date

This Circular takes effect from March 1, 2011.

During implementation, if there are any difficulties, please report them in writing to the Ministry of Information and Communications (through the Publishing Department) for consideration and resolution./.