Law on Press No. 29-LCT/HĐNN8

LAW

PRESS

To ensure citizens' freedom of press and freedom of speech through the press, in accordance with the interests of socialism and the people;

To enhance the role of the press in the cause of building socialism and protecting the country in line with the Party's renewal policy;

Based on Article 4, Article 67, and Article 83 of the Constitution of the Socialist Republic of Vietnam;

This Law stipulates the press system.

PART I

GENERAL PROVISIONS

Article 1. Role and functions of the press

The press in the Socialist Republic of Vietnam is an essential mass communication tool for social life; it is the voice of organizations of the Party, state agencies, and social organizations (hereinafter referred to collectively as organizations); it is a forum for the people.

Article 2. Ensuring freedom of press and freedom of speech through the press

The State creates favorable conditions for citizens to exercise their freedom of press and freedom of speech through the press and for the press to fulfill its proper role.

Press and journalists operate within the framework of the law and are protected by the State; no organization or individual may limit or obstruct the activities of the press and journalists. No one shall abuse freedom of press and freedom of speech through the press to infringe upon the interests of the State, collective bodies, and citizens.

Press is not subject to censorship before printing or broadcasting.

Article 3. Types of press

The press referred to in this Law includes Vietnamese press, comprising printed press (newspapers, magazines, news bulletins, press releases) ; spoken press (radio programs) ; visual press (television programs, current affairs programs produced using different technical means), in Vietnamese, ethnic minority languages of Vietnam, and foreign languages.

PART II

CITIZENS' FREEDOM OF PRESS AND FREEDOM OF SPEECH

THROUGH THE PRESS

Article 4. Citizens' freedom of press and freedom of speech through the press Citizens have the right:

1- To be informed through the press about all aspects of the situation in the country and the world;

2- To interact and provide information to press agencies and journalists; to send news, articles, photos, and other works to the press without undergoing censorship by any organization or individual and to bear responsibility under the law for the content of the information;

3- To express opinions on the situation in the country and the world;

4- To participate in formulating and implementing policies of the Party and laws of the State;

5- To offer opinions, criticize, make suggestions, complaints, and denunciations through the press regarding organizations of the Party, state agencies, social organizations, and members thereof.

Responsibilities of the press concerning citizens' freedom of press and freedom of speech through the press

Article 5. Press agencies have the responsibility:

1- To publish or broadcast the works and opinions of citizens; if they do not publish or broadcast, they must respond and explain the reasons;

2- To respond or request organizations or individuals in positions of authority to respond in writing or through the press to citizens' suggestions, complaints, and denunciations.

TASKS AND LIMITS OF THE PRESS

CHAPTER III

Tasks and limits of the press

Article 6. The press has the following tasks and limits:

1- To provide truthful information about all aspects of the situation in the country and the world;

2- To propagate and disseminate the policies, guidelines, and laws of the Party and the State, cultural, scientific, and technological achievements both domestically and internationally according to the mission and purpose of the press agency; to contribute to enhancing knowledge, meeting the healthy cultural needs of the people, preserving fine national traditions, building and developing socialist democracy, strengthening the unity of the entire people, building socialism, and protecting the country;

3- To reflect and guide public opinion; to serve as a forum for exercising citizens' freedom of speech;

4- To discover and promote good examples and new factors; to struggle against acts violating the law and other negative social phenomena;

5- To broaden mutual understanding between countries and among nations, and to participate in the cause of the world's people for peace, national independence, democracy, and social progress.

Providing information to the press

Article 7. Within the scope of their duties and responsibilities, organizations have the right and obligation to provide information to the press, to help the press provide accurate and timely information, and to bear responsibility under the law for the content of the information.

In cases where criminal investigations are ongoing or trials have not yet commenced, investigative agencies have the right not to provide information to the press, but the press has the right to report based on their own sources and to bear responsibility under the law for the content of the information.

The press has the right and obligation not to disclose the name of the information provider if it would harm that person, except when required by the Chief Prosecutor of the People's Procuratorate or the President of the People's Court at provincial level or higher for the investigation or trial of serious crimes.

Responding on the press

Article 8. The head of a press agency has the right to request organizations or individuals in positions of authority to respond to issues raised by citizens in the press; organizations and individuals in positions of authority have the responsibility to respond in the press.

Organizations and citizens have the right to request a press agency to respond to issues reported by the press; the press agency has the responsibility to respond.

A press agency that discovers or receives complaints or denunciations from citizens indicating criminal activity must immediately report to the investigative agency or the Procuracy in writing; the investigative agency or the Procuracy has the responsibility to handle the matter and inform the press of the resolution.

Corrections on the press

Article 9. If the press provides false information, distorts facts, or slanders and defames the reputation of organizations or the dignity and personality of citizens, it must issue corrections and apologies or publish the corrections made by organizations or citizens. If the press does not correct the information or does not adequately correct it, or fails to publish the corrections made by organizations or citizens without justifiable reasons, they have the right to complain to the supervising agency of the press or to request the court to adjudicate.

The corrections issued by the press agency of organizations or citizens must be published promptly and appropriately in relation to the information requiring correction.

Matters Not Permitted to Be Reported in the Press

Article 10. To ensure that freedom of speech through the press is properly utilized, the press must adhere to the following:

Để đảm bảo quyền tự do ngôn luận trên báo chí được sử dụng một cách đúng đắn, báo chí phải tuân thủ những quy định sau đây :

1- Shall not incite the people against the Socialist Republic of Vietnam, disrupt the unity of the entire population;

2- Shall not incite violence, propagate aggressive war, foster hatred among ethnic groups and peoples of different countries, incite obscenity, depravity, and crime;

3- Shall not disclose state secrets: military, security, economic, foreign affairs secrets, and other secrets prescribed by law;

4- Shall not disseminate false information, distort facts, or slander with the intent to defame the reputation of organizations or the dignity and personality of citizens.

PART IV

MEDIA ORGANIZATIONS AND JOURNALISTS

Article 11. Media Organizations

A media organization is an entity implementing a type of media as stipulated in Article 3 of this Law.

Article 12. Media Management Entity

The media management entity is an organization that applies for a license to operate a media organization under its name and directly manages such media organization.

The media management entity has the following duties and powers:

1- To determine and direct the implementation of the mission, purpose, target audience, main distribution scope, capacity, time, frequency, broadcast range, and language of expression of the media organization as specified in the license;

2- To appoint and relieve the head of the media organization under its jurisdiction after consulting with the State management agency on media.

Article 13. Head of Media Organization

1- The head of a media organization is the Editor-in-Chief (for print media) or General Director, Director (for radio stations, television stations, and audio-visual news production units);

2- The head of a media organization must be a Vietnamese citizen, have a permanent residence address in Vietnam, meet the political, moral, and professional standards set by the State;

3- The head of a media organization leads and manages all aspects of the media organization, ensures the implementation of its mission and purpose, and is responsible before the head of the media management entity and the law for all activities of the media organization.

Article 14. journalists

A journalist must be a Vietnamese citizen, have a permanent residence address in Vietnam, meet the political, moral, and professional standards set by the State, be regularly employed or working with a Vietnamese media organization, and hold a journalist card.

Article 15. Rights and Obligations of Journalists

Journalists have the following rights and obligations:

1- Journalists have the right and obligation to provide truthful information, reflect the opinions and aspirations of the people, and contribute to the realization of freedom of press and freedom of speech through the press;

2- Journalists have the right to engage in journalism within the territory of the Socialist Republic of Vietnam;

3- Journalists are responsible for the content of their journalistic works; they have the right to refuse to compile or participate in compiling works contrary to this Law;

4- Journalists are entitled to enjoy necessary preferential and favorable treatment for their journalistic activities according to regulations of the Council of Ministers;

No one shall threaten the life, defame the reputation, or violate the dignity and personality of journalists, or destroy, seize equipment, documents, or obstruct journalists in their lawful professional activities.

No one shall abuse the status of a journalist to commit acts violating the law.

Article 16. Vietnamese Journalists' Association

The Vietnamese Journalists' Association has the right and obligation to participate in building and contributing to the implementation of information and press policies; protect the legitimate rights and interests of journalists.

CHAPTER V

STATE MANAGEMENT OF THE PRESS

Article 17. State Management of the Press

State management of the press includes:

1- Drafting laws, planning, policies for the development of the press industry, financial support policies for the press, and policies for journalists;

2- Issuing operational regulations for the press and issuing licenses for press operations;

3- Guiding and inspecting the implementation of press directions and tasks and legal provisions on the press; handling violations according to the law.

Within the scope of their duties and powers, the Council of Ministers exercises state management over the press nationwide, while provincial People's Committees, municipal People's Committees under central administration, and equivalent levels exercise state management over the press locally according to the decentralization regulations set by the Council of Ministers.

Article 18. Conditions for the operation of the press

An organization wishing to establish a press agency must meet the following conditions:

1- Having a person meeting the criteria to head the press agency as stipulated in Article 13 of this Law;

2- Clearly defining the name, mission, purpose, target audience, main distribution range, capacity, time, frequency, broadcast range, and language of expression of the press agency;

3- Having a headquarters and other necessary conditions to ensure the operation of the press agency.

Article 19. Issuing a press operation permit

A press agency must have a permit issued by the state management body for the press to operate. In case of not issuing a permit, the state management body for the press must reply within thirty days from the date of receipt of the application, stating the reasons. Organizations refused a permit have the right to appeal to the Chairman of the Council of Ministers.

Article 20. Effectiveness of the permit

The press agency must comply with all information recorded in the permit; if it wishes to change the name, mission, purpose, target audience, language of expression, main distribution range, publication period, it must reapply for permission.

Determining and changing capacity, time, frequency, broadcast range must be approved by the state management body for radio frequencies.

The permit for press operation may not be transferred to another agency or organization.

Article 21. Publishing other press publications, broadcasting special programs, additional programs

Press agencies and other organizations wishing to publish special issues, additional numbers; radio stations and television stations wishing to broadcast special programs, additional programs different from those stated in the permit must apply for permission from the state management body for the press.

Article 22. Printing press, broadcasting radio and television programs

Printing facilities are responsible for fulfilling contracts and ensuring the release time of press publications; they may not print press publications without a permit, nor reprint press works that have been banned by the state management body for the press.

Technical broadcasting facilities for radio and television stations are responsible for ensuring the broadcast range as prescribed.

Radio stations, television stations, and facilities implementing current affairs audio-visual programs may not broadcast content of press works that have been banned or confiscated.

Article 23. Archiving

Printed press must submit archives before release; spoken and visual press must retain manuscripts, film, tapes, discs, audio and video recordings according to regulations of the Council of Ministers.

Article 24. Distribution of press

Press agencies can organize their own distribution or entrust distribution to organizations or individuals registered for distribution.

No one may obstruct the distribution of press to readers unless there is a ban on circulation.

No organization or individual may circulate press publications without a publication permit or that have been banned.

Article 25. Registration for circulation

Press may publish advertisements and collect advertising fees. Advertisement content must be separate from promotional content and may not violate the provisions of Article 10 of this Law.

Article 26. Press conferences

Organizations and citizens wishing to hold press conferences must notify the state management body for the press beforehand. Press conferences with content violating the provisions of Article 10 of this Law are strictly prohibited.

Chapter VI

REWARD AND VIOLATION HANDLING

Article 27. Awards

Press agencies, journalists, organizations, and citizens who make contributions to press activities are rewarded according to state regulations. Journalists with outstanding achievements are awarded national honorary titles.

Article 28. Handling Violations

1- Press agencies and other organizations violating regulations on press operation permits, press content, corrections for false information, defamation, and other provisions of this Law shall be warned, fined, their publications, tapes, discs, audio and video recordings seized, temporarily suspended, or their permits revoked according to administrative violation penalty laws depending on the severity of the offense.

Press agencies and citizens causing damage to other organizations or citizens through their information shall compensate for damages according to civil law regulations.

2- Individuals primarily responsible for the acts stipulated in Clause 1 of this Article shall be disciplined, administratively punished, or criminally prosecuted depending on the severity of the offense.

3- Individuals violating regulations on providing information, responding to press inquiries, establishing press agencies, distributing, advertising, holding press conferences, obstructing press activities, insulting the dignity and reputation of journalists, and other provisions of this Law shall be disciplined, administratively punished, or criminally prosecuted depending on the severity of the offense.

Chapter VII

FINAL PROVISIONS

Article 29

This Law replaces Law No. 100 SL-L002 dated May 20, 1957 on press regulations.

All previous provisions that are contrary to this Law are hereby abolished.

Article 30.

Based on the provisions of this Law, the Council of Ministers shall issue regulations on the operation of foreign press in Vietnam and regulations on the operation of Vietnamese press related to foreign countries.

Article 31

The Council of Ministers shall provide detailed regulations to implement this Law.

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This Law was passed by the Sixth Session of the Eighth National Assembly of the Socialist Republic of Vietnam on December 28, 1989.