Circular No. 31/2021/TT-BTTTT detailing and guiding on the files, procedures for issuing, renewing, reissuing, and revoking press cards

CIRCULAR

Providing detailed regulations and guidance on the dossier, procedures for issuing, renewing, reissuing, and revoking press cards.
Issuing, renewing, reissuing, and revoking press cards.

Pursuant to the Press Law dated April 5, 2016;

Pursuant to Decree No. 17/2017/NĐ-CP dated February 17, 2017, issued by the Government, on the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications;

At the proposal of the Director of the Press Department;

The Minister of Information and Communications issues this Circular providing detailed regulations and guidance on the dossier, procedures for issuing, renewing, reissuing, and revoking press cards.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular provides detailed regulations and guidance on the dossier, procedures for issuing, renewing, reissuing, and revoking press cards as stipulated in Article 28 of the Press Law.

Article 2. Applicability

This Circular applies to agencies, units, and individuals participating and related to the issuance, renewal, reissuing, and revocation of press cards.

Article 3. Issuance of press cards with new terms

The term for issuing press cards is five years, the Ministry of Information and Communications will issue press cards with new terms on January 1st of the year starting the new term. The current term of press cards is calculated from January 1, 2021.

Article 4. Responsibilities of heads of agencies, units, and individuals in requesting the issuance, renewal, reissuing of press cards

1. The head of the agency or unit involved in requesting the issuance, renewal, reissuing of press cards shall be responsible under the law for the accuracy and legality of the documents, papers, and information confirmed in the dossier within the scope of authority of that agency; ensuring that the subjects meet the conditions, standards, and engage in journalism activities consistent with the content declared in the dossier.

2. The person requesting the issuance, renewal, reissuing of press cards shall be responsible under the law for the accuracy and legality of the documents, papers, and information declared in their dossier.

3. In case of discovering inaccurate or illegal information or documents in the dossier requesting the issuance, renewal, reissuing of press cards, the Ministry of Information and Communications will refuse to issue the card and examine and clarify the relevant responsibilities.

Chapter II
Dossier, Procedures for Issuing, Renewing, Reissuing, and Revoking Press Cards

Article 5. Methods of submitting the dossier for requesting the issuance, renewal, reissuing of press cards and returning press cards

1. The agency requesting the issuance, renewal, reissuing of press cards shall submit the dossier through the Portal of Public Services of the Ministry of Information and Communications.

2. In cases where it is not possible to submit the dossier through the Portal of Public Services of the Ministry of Information and Communications, the agency requesting the issuance, renewal, reissuing of press cards shall submit the dossier directly or via the postal system to the following agencies:

a) The Press Department (Ministry of Information and Communications) for entities belonging to print newspapers, magazines, online newspapers, online magazines, state management agencies for the press, press associations at all levels, and specialized lecturers in journalism;

b) The Radio, Television, and Electronic Information Department (Ministry of Information and Communications) for entities operating in the radio and television sector.

3. The Ministry of Information and Communications shall return press cards directly (at the agencies specified in Clause 2 of Article 5 of this Circular) or via the postal system to the agency requesting the issuance, renewal, reissuing of press cards.

Article 6. Dossier and procedures for issuing press cards

1. The agency requesting the issuance of press cards shall submit one set of dossier including:

a) A registration form for issuing press cards filled out by the person requesting the press card according to the model (Model No. 01);

b) An electronic copy (in cases where the dossier is submitted through the Portal of Public Services of the Ministry of Information and Communications) or a copy (in cases where the dossier is submitted directly or via the postal system) of a bachelor's degree or higher diploma for cases involving ethnic minority persons as stipulated in Point b, Clause 1 of Article 27 of the Press Law (this does not apply to cases of renewing press cards according to the new term);

c) An electronic copy (in cases where the dossier is submitted through the Portal of Public Services of the Ministry of Information and Communications) or a copy (in cases where the dossier is submitted directly or via the postal system) of the employment decision or labor contract and other related documents (documents certified by the competent authority showing the period of social insurance contribution at the press agency or place of work or showing monthly payment of salary/honorarium/fee/royalty) to prove continuous employment for two (02) years or more at the press agency requesting the press card or at county-level radio and television stations and equivalent;

d) A list of published journalistic works for cases stipulated in Clause 5 and Clause 6 of Article 26 of the Press Law (Model No. 02);

đ) A consolidated list of requests for issuing press cards (Model No. 03).

2. The agency requesting the issuance of press cards shall submit the dossier before November 1st and April 21st each year, and before September 1st of the final year of the press card usage period for consideration of issuance.

3. The Ministry of Information and Communications shall issue press cards on January 1st and June 21st each year; in cases of refusal to issue the card, the agencies specified in Clause 2 of Article 5 of this Circular shall notify and specify the reasons on the Portal of Public Services of the Ministry of Information and Communications or in writing.

Article 7. Documents and Procedures for Replacing Journalist Cards

1. The press agency and the new workplace of the person requesting to replace the journalist card shall submit one set of documents including:

a) A request letter from the press agency and the new workplace of the person requesting to replace the journalist card (Form No. 04);

b) An electronic copy (in case of submitting documents through the Ministry of Information and Communications' Public Service Portal) or a copy (in case of submitting documents directly or via the postal system) of the decision on accepting employment or the labor contract;

c) A document from the previous workplace indicating the date of termination of work and confirming that the person requesting to replace the journalist card does not fall under one or more of the cases stipulated in points b, c, d, and đ of Clause 3, Article 27 of the Press Law (Form No. 05);

d) A list of published journalistic works for cases stipulated in Clauses 5 and 6, Article 26 of the Press Law (Form No. 02).

2. Within twenty (20) days from the date of receiving valid documents, the Ministry of Information and Communications shall consider replacing the journalist card; if refusing to replace the card, the agencies specified in Clause 2, Article 5 of this Circular shall notify the reasons on the Ministry of Information and Communications' Public Service Portal or in writing.

Article 8. Documents and Procedures for Issuing Again Journalist Cards

1. The press agency and the workplace of the person requesting to issue again the journalist card shall submit one set of documents including:

a) An application form of the person requesting to issue again the journalist card (Form No. 06);

b) A report form of the person requesting to issue again the journalist card confirmed by the police station of the town, commune, or ward where the card was lost (Form No. 07);

c) In case the card is damaged, the old card must be sent back to the Ministry of Information and Communications (the agencies specified in Clause 2, Article 5 of this Circular).

2. Within twenty (20) days from the date of receiving valid documents, the Ministry of Information and Communications shall consider issuing again the journalist card; if refusing to issue again the card, the agencies specified in Clause 2, Article 5 of this Circular shall notify the reasons on the Ministry of Information and Communications' Public Service Portal or in writing.

Article 9. Revocation of Journalist Cards

1. For cases of revoking journalist cards as stipulated in Clause 6, Article 28 of the Press Law, the Minister of Information and Communications shall issue a decision to revoke the journalist card.

2. Within fifteen (15) days from the date of the decision to revoke the journalist card, the head of the agency of the person whose card is revoked shall be responsible for collecting the revoked journalist card and returning it to the Ministry of Information and Communications (the agencies specified in Clause 2, Article 5 of this Circular).

3. For the case stipulated in point b of Clause 6, Article 28 of the Press Law, the Ministry of Information and Communications shall return the revoked journalist card after receiving the documents submitted directly or via the postal system, including:

a) A request letter for returning the journalist card from the agency of the person whose card is revoked as stipulated in Clause 2, Article 9 of this Circular;

b) Evidence proving that the journalist whose card was revoked has been suspended from investigation or prosecution by the competent authority; a judgment or decision of the court with legal effect declaring that the journalist is not guilty or exempted from criminal responsibility.

Chapter III
IMPLEMENTING PROVISIONS

Article 10. Issuance of forms

Attached to this Circular is the Appendix containing the forms in the application dossier for issuing, renewing, reissuing, and revoking the press card.

Article 11. Effective Date

1. This Circular takes effect from February 15, 2022.

2. This Circular replaces Circular No. 49/2016/TT-BTTTT dated December 26, 2016 of the Ministry of Information and Communications detailing and guiding the dossier, procedures for issuing, renewing, reissuing, and revoking the press card.