Circular No. 30/2006/TT-BVHTT guiding the implementation of 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.

 

CIRCULAR

Guidelines for Implementing 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

On August 26, 2005, the Government issued Decree No. 111/2005/NĐ-CP "Providing Detailed Provisions and Guidance on the Implementation of Certain Provisions of the Law on Publishing." To ensure consistent implementation nationwide, the Ministry of Culture and Information provides detailed guidance on implementing certain provisions of the aforementioned Decree as follows:

I. GENERAL PROVISIONS

1. Regarding planning for the development of the publishing, printing, and distribution industry

Based on the "National Plan for the Development of the Publishing, Printing, and Distribution Industry to 2010" approved by the Minister of Culture and Information pursuant to Decision No. 40/2002/QĐ-BVHTT dated December 31, 2002, ministries, sectors, agencies, and localities shall develop their own plans and submit them to the Ministry of Culture and Information before June 30, 2006.

In light of the actual situation of the publishing industry and the relevant laws, the Minister of Culture and Information will adjust the national plan for the development of the publishing, printing, and distribution industry to 2010.

The national plan for the development of the publishing, printing, and distribution industry serves as the basis for implementing policies to encourage and support the development of the publishing industry and for allowing the establishment of publishers, printing establishments, and import businesses for publications.

2. Regarding the reissuance of business licenses for publishers, printing establishments, and import businesses for publications

The reissuance of business licenses in the publishing activities stipulated in Article 21 of Decree No. 111/2005/NĐ-CP dated August 26, 2005 of the Government (hereinafter referred to as Decree No. 111/2005/NĐ-CP) shall be carried out as follows:

a) For publishers

Publishers currently operating shall submit applications to the Ministry of Culture and Information for the reissue of business licenses. Applications for the reissue of business licenses shall comply with the provisions of Clause 1, Article 16 of the Law on Publishing.

The reissuance of business licenses for currently operating publishers shall be based on the conditions set forth in Article 12 of the Law on Publishing.

b) For printing establishments

Central-level printing establishments currently operating shall submit applications to the Publishing Department of the Ministry of Culture and Information for the reissue of business licenses; local-level printing establishments currently operating shall submit applications to the Provincial Departments of Culture and Information for the reissue of business licenses. Applications for the reissue of business licenses shall comply with the provisions of Clause 2, Article 31 of the Law on Publishing.

c) For import businesses for publications

Import businesses for publications currently operating shall submit applications to the Publishing Department of the Ministry of Culture and Information for the reissue of business licenses. Applications for the reissue of business licenses shall comply with the provisions of Clause 2, Article 38 of the Law on Publishing.

d) From the date of receipt of complete and valid applications, the competent state management agency shall issue new business licenses within 15 days for publishers, 10 days for printing establishments, and 10 days for import businesses for publications. If a license is not issued, a written explanation of the reasons must be provided.

e) The reissuance of business licenses for publishers, printing establishments, and import businesses for publications shall be implemented from the effective date of this Circular until June 30, 2006.

f) Publishers, printing establishments, and import businesses for publications established and operating after July 1, 2005 are exempt from applying for the reissue of business licenses.

During the period of processing applications for the reissue of business licenses in accordance with this Circular, publishers, printing establishments, and import businesses for publications that have business licenses issued under the 1993 Law on Publishing may continue to operate.

Publishers, printing establishments, and import businesses for publications that are not granted renewed business licenses must cease operations.

II. PUBLISHING SECTOR

1. Regarding loose sheets, folded sheets, and various types of calendars

a) The publication of non-commercial loose sheets, folded sheets (including catalogs) as specified in Clause 2, Article 2 of Decree No. 111/2005/NĐ-CP, which contain content, introductions, usage instructions for goods and products; introductions about enterprises and services, do not require a publication permit.

b) Various types of calendars as publishing products of publishers include: loose leaf calendars, block calendars, pocket calendars, book calendars, desk calendars.

2. Regarding advertising on various types of calendars

Advertising on various types of calendars must meet the following requirements:

a) Ad images must be appropriate to Vietnamese customs and traditions; no advertisements for goods and services prohibited by law.

b) For block calendars: the area for advertising must not exceed 20% of the area of each calendar page; pages of calendars printed with national holidays and major commemorative days according to the National Calendar Committee regulations cannot be advertised.

3. Regarding the procedures for depositing publications

a) For publications of publishers, they must affix the "deposit" stamp, record the submission time; the leader or authorized person of the publisher must sign at the title page of the book or document in book form; at the page containing the publication decision number for loose sheet publications; on the cover of block calendars and on audio tapes, audio discs, video tapes, video discs.

b) For non-commercial documents requiring a publication permit, the leader or authorized person of the organization must sign and affix the stamp of the permitted publication organization, record the submission time on the page containing the publication permit number.

c) When submitting publications for deposit, publishers and organizations permitted to publish must fully fill out two deposit declaration forms according to the model issued by the Ministry of Culture and Information.

III. PRINTING SECTOR

1. Regarding the acceptance of film preparation and post-printing processing for publications

In cases where printing establishments only accept film preparation and post-printing processing for publications, they must request the entity placing the order to present the publication permit or the publication decision of the publisher's director and submit one copy of these documents for retention at the printing establishment.

2. Regarding the printing of loose sheets and folded sheets

For printing bases that print non-commercial documents such as loose sheets, folded sheets (including catalogs) as specified in point a, Section 1, Part II of this Circular, there is no need to have a printing business operation permit.

3. Regarding the conditions for equipment to issue a printing business operation permit

The printing base must have all the following types of printing and post-printing processing equipment before being granted a printing business operation permit:

- Printing machine;

- Cutting machine (trimming machine);

- Folding machine;

- Bookbinding machine or combined sewing-stitching machine (or attaching to the cover).

4. Regarding the content of publications processed for export

It is not allowed to process for export the following types of publications:

a) Publications containing content that violates the provisions of Article 10 of the Law on Publishing;

b) Publications that infringe copyright;

c) Publications that have been recalled, confiscated, banned from circulation, or destroyed in Vietnam;

d) Publications containing content that is not appropriate to Vietnam's foreign relations.

IV. REGARDING THE REGISTRATION OF IMPORTED PUBLICATIONS CATALOGUES

When registering the catalogue of imported publications for commercial purposes, the importing entity must submit three copies of the catalogue of imported publications to the Publishing Department.

The Publishing Department confirms the registration of the catalogue of imported publications according to the form issued by the Ministry of Culture - Information, stamps the three copies of the catalogue of imported publications, and returns two copies to the importing entity.

V. EFFECTIVE DATE

This Circular takes effect fifteen days after its publication in the Official Gazette and replaces Circular No. 38/TT-XB dated May 7, 1994, issued by the Ministry of Culture - Information guiding the implementation of Decree No. 79/CP dated November 6, 1993, of the Government detailing the implementation of the Law on Publishing./.