Circular No. 32/2021/TT-BTTTT guiding the implementation of publications using state budget funds

COPY; Ministry of Information and Communications; January 28, 2022 11:32:07

CIRCULAR

Guidelines for Implementing Publications Using State Budget Funds

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Pursuant to the Law on Publishing dated November 20, 2012;

Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on Assigning Tasks, Ordering or Tendering for the Provision of Products and Services Using State Budget Funds from Regular Expenditure;

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 Publishing, Printing, and Distribution Department and the Head of the Planning and Finance Department,

The Minister of Information and Communications issues this Circular guiding the implementation of publications using state budget funds.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the assignment of tasks, ordering, or tendering for the implementation of publications using state budget funds.

Article 2. Applicability

1. Agencies and organizations using state budget funds to assign tasks, order, or tender for the implementation of publications.

2. Publishers, printing establishments, and agencies and organizations related to the assignment of tasks, ordering, or tendering for the implementation of publications using state budget funds.

Chapter II

PROVISIONS ON CONDITIONS, STANDARDS, AND METHODS OF IMPLEMENTATION

Article 3. Conditions for Assigning Tasks, Ordering, or Tendering for Publications Using State Budget Funds

1. Conditions for assigning tasks, ordering, or tendering for publications using state budget funds shall be implemented in accordance with the provisions of Articles 9, 12, and 16 of Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on Assigning Tasks, Ordering, or Tendering for the Provision of Products and Services Using State Budget Funds from Regular Expenditure (hereinafter referred to as Decree No. 32/2019/NĐ-CP) and the contents stipulated in Clauses 2 and 3 of this Article.

2. Conditions regarding publication topics

a) Publications on theoretical and political matters.

b) Publications needed to be widely disseminated to serve important political and social tasks: propaganda and popularization of laws, national sovereignty, security, defense; culture and society, literature and art; science and technology; economy, agriculture, rural areas; prevention and control of epidemics, natural disasters, hazards, serving the community.

c) Publications serving external information tasks.

d) Publications serving children and adolescents; ethnic minority groups, remote and mountainous areas, border regions, islands, visually impaired persons, and other important tasks.

3. Conditions for assigning tasks or ordering the implementation of publications using state budget funds for publishers: Publishers must have objectives, purposes, functions, and tasks suitable for implementing publications using state budget funds.

Article 4. Standards and Quality of Publications

1. For printed publications

a) Publications within the scope of management of ministries, sectors, and central agencies: Implemented according to the quality criteria for publications using state budget funds issued by ministries, sectors, and central agencies.

b) Publications within the scope of management of localities: Implemented according to the quality criteria for publications using state budget funds decided by provincial People's Committees and municipal People's Committees directly under the Central Government, in compliance with Clause 2 of Article 26 of Decree No. 32/2019/NĐ-CP and the Law on Publishing.

c) Publications carried out according to Programs and Projects approved by the Prime Minister and assigned to the Ministry of Information and Communications to organize and implement: Implemented according to the quality criteria for publications using state budget funds issued by the Ministry of Information and Communications in compliance with the Law on Publishing.

2. For electronic publications

a) Form of electronic publications: Text, audio, video, multimedia.

b) Format of electronic publications: Compatible with the electronic publication distribution system.

c) Quality of electronic publications: Clear text and images, clear sound. For illustrative videos in e-books, the size must be at least 320 x 240 pixels. For electronic publications in video format, the size must be at least 640 x 480 pixels.

Article 5. Implementation Methods

1. Assigning tasks and placing orders for draft manuscripts (models), including the following stages:

a) Developing topics and outlines; organizing draft manuscripts (research, creation, collection, compilation, or translation into different languages).

b) Completing the publication manuscript, including: editing, proofreading; reviewing and proofreading the content of the manuscript (if applicable); completing the model (including the cover if the publication is a book).

2. Assigning tasks, placing orders, or tendering to implement printing and distribution stages of publications

a) Assigning tasks and placing orders for printing publications with publishing houses having affiliated printing facilities that meet the conditions for printing publications according to the law and have been assigned tasks and placed orders for the draft manuscripts (models) of those publications. In cases where the publishing house does not have an affiliated printing facility meeting the conditions for printing publications, tenders shall be organized to select contractors to print publications in accordance with the laws on tendering and the laws on publishing.

b) Organizing tenders to select contractors to implement the distribution of publications in accordance with the laws on tendering. In cases where the publishing house meets the conditions for distributing electronic publications, tasks and orders for the distribution of electronic publications shall be assigned according to the decision of the competent authority.

3. In cases where publications are implemented according to Programs and Projects approved by the Prime Minister, the implementation methods according to the approved Programs and Projects shall be applied.

Article 6. On the application of economic and technical norms for publishing activities; supervision, evaluation, quality inspection mechanisms, and regulations for inspecting and accepting publications

1. Economic and technical norms in publishing activities are applied as prescribed by the competent authority.

2. The supervision, evaluation, quality inspection mechanisms, and regulations for inspecting and accepting publications using state budget funds are carried out in accordance with Clause 1 and Clause 2 of Article 26 of Decree No. 32/2019/NĐ-CP.

Chapter III
GUIDANCE ON SOME CONTENTS RELATED TO PROGRAMS AND PROJECTS IMPLEMENTING PUBLICATIONS USING THE CENTRAL STATE BUDGET FUNDS APPROVED BY THE PRIME MINISTER AT THE PROPOSAL OF THE MINISTRY OF INFORMATION AND COMMUNICATION

Article 7. Responsibilities of the Ministry of Information and Communications

1. Managing research topics for publications, proposing annual budgets for ordering publications:

a) Before February 15 of the year preceding the planning year, the Ministry of Information and Communications (Publishing, Printing, and Distribution Department) sends a document to the managing agencies and publishing houses regarding the direction of topics for publications that are suitable for political requirements each year and each phase.

b) Before June 30 of the year preceding the planning year, the Ministry of Information and Communications (Publishing, Printing, and Distribution Department) compiles plans and proposes budgets for implementing publications, sending them to the Ministry of Finance, while also sending them to the managing agencies and publishing houses to build their implementation plans for the planning year.

c) The Ministry of Information and Communications (Publishing, Printing, and Distribution Department) approves the list of topics and the number of publications. The deadline for approval shall not exceed 15 days from the date of receipt of the request document from the publishing house (the request document must include the opinion of the managing agency of the publishing house).

d) The Ministry of Information and Communications (Publishing, Printing, and Distribution Department) checks the implementation of the publication lists by publishing houses.

2. Reviewing the prices for ordering publications:

a) The Ministry of Information and Communications (Planning and Finance Department) organizes the review of pricing schemes for ordering draft manuscripts (models) and printing publications (if applicable) according to the Program and Project approved by the Prime Minister. The review period shall not exceed 15 days from the date of receipt of the complete request document for price scheme review and accompanying documents from the publishing house.

b) The Ministry of Information and Communications (Planning and Finance Department) compiles the results of the price review and sends a document requesting the Ministry of Finance to set the maximum purchase price according to the law on pricing.

c) Based on the provisions and guidance of the Ministry of Finance on the maximum purchase price for ordering draft manuscripts (models) and printing publications (if applicable), the Ministry of Information and Communications (Planning and Finance Department) informs the managing agencies and publishing houses to implement accordingly.

Article 8. Responsibilities of the Managing Authority of Publishing Houses

1. Direct the development of annual implementation plans for publishing products of the publishing house to ensure that the content of the publishing products is consistent with requirements and tasks.

2. By no later than May 20 of the year preceding the plan year, the managing authority of the publishing house shall approve the plan and budget estimate for implementing publishing products in the plan year.

3. Based on the maximum purchase price for ordering publishing products as prescribed by the Ministry of Finance, the managing authority of the publishing house shall determine specific ordering prices for each publishing product.

4. Based on the content of the publishing product, the state budget funds allocated, the managing authority shall decide on the target audience, quantity, and delivery addresses for printed publishing products or online publication addresses for electronic publishing products.

5. Manage and utilize the state budget funds assigned to implement publishing products under Programs and Projects approved by the Prime Minister within their authority and relevant laws.

6. Inspect and supervise the implementation of publishing products under Programs and Projects approved by the Prime Minister for subordinate publishing houses.

Article 9. Responsibilities of Publishing Houses

1. By no later than May 30 of the year preceding the plan year, the publishing house shall submit its plan and budget estimate for implementing publishing products, which have been approved by the managing authority, to the Ministry of Information and Communications.

2. Based on the budget estimate granted by the competent authority; economic and technical norms, cost standards (if any), and current regulations on the management and utilization of the state budget to compile a list of publishing products and pricing schemes for implementing publishing products.

The pricing scheme for implementing publishing products shall be reported by the publishing house to the managing authority for review and submission to the Ministry of Information and Communications, or submitted directly to the Ministry of Information and Communications for approval according to the law on pricing. The list of publishing products and pricing schemes must be submitted to the Ministry of Information and Communications before June 30 of the plan year.

3. Accept assignments and place orders for manuscript (prototype) publishing products; accept assignments and place orders or organize bidding for printing and distribution stages of printed publishing products and publication and distribution of electronic publishing products according to Programs and Projects approved by the Prime Minister, relevant laws, and decisions of the competent authority.

4. Implement registration for publication and the publication and distribution process of publishing products in accordance with the law on publication.

5. Implement the approved list of publishing products and deliver the publishing products in the approved quantities and addresses; carry out acceptance, settlement of contracts according to regulations.

6. In cases where the publishing house uses manuscripts (prototypes) to print and distribute additional quantities for business purposes, it must obtain the consent of the author or representative of the copyright owner.

Chapter IV

IMPLEMENTATION

Article 10. Responsibilities of Ministries, Sectoral Agencies, Central Authorities, and Managing Authorities of Publishing Houses

1. Direct subordinate publishing houses to develop plans, budgets, and pricing schemes for ordering publishing products using central government funds within their jurisdiction.

2. Based on the provisions of Decree No. 32/2019/NĐ-CP and the contents specified in this Circular, manage the assignment of tasks, placing of orders, or bidding for implementing publishing products using central government funds within the allocated budget estimates according to regulations.

3. Carry out inspections, supervision, acceptance, evaluation, and bear responsibility for the results of utilizing the assigned central government funds to implement publishing products within their authority and relevant laws.

Article 11. Responsibilities of the People's Committee of Provinces and Cities under Central Government Direct Control

1. Implement responsibilities and authorities in managing and using the state budget to carry out publication products in accordance with the provisions of Decree No. 32/2019/NĐ-CP and the guidance provided in this Circular.

2. Delegate specialized agencies under its jurisdiction to provide advisory management, assign tasks, place orders, or tender for the implementation of publication products using local budgets in accordance with relevant laws and the guidance provided in this Circular.

3. Direct the construction and approval of plans to implement publication products using local budgets, ensuring that the content of the publication products is appropriate to the requirements and tasks of the locality.

4. Inspect, supervise, and evaluate the use of local budgets to implement publication products within their authority and in accordance with relevant laws.

Article 12. Adjustment of Publication Product Catalogue

1. The catalogue of publication products shall be adjusted in the following cases:

a) Research topics have been approved but the manuscript cannot be implemented; changing the name of the publication product to be consistent with the edited content; adding or changing the author, copyright owner, or translator's name (for translated publications).

b) Changing the print quantity of publication products; altering the form or format of approved electronic publication products.

c) State adjustments to the budget estimate, purchase price for implementing publication products.

2. The agency authorized to assign tasks, place orders, or tender for the implementation of publication products using the state budget as stipulated in Article 7 of Decree No. 32/2019/NĐ-CP shall consider and decide on the adjustment of the catalogue of publication products using the state budget.

In cases where publication products are carried out according to Programs or Projects approved by the Prime Minister and assigned to the Ministry of Information and Communications to organize and implement, the competent agency of the publishing house shall consider and decide on the adjustment of the catalogue of publication products based on the written agreement of the Ministry of Information and Communications.

3. Time for adjusting the catalogue of publication products (if applicable): Must be completed before the publishing house proposes the pricing plan for ordering publication products and not later than June 30 of the planning year.

Article 13. Responsibilities of Agencies, Organizations, and Units Receiving Publication Products

1. Agencies, organizations, and units receiving and managing publication products shall comply with regulations on asset management of agencies, organizations, and units.

2. Utilize and exploit publication products effectively.

3. For public libraries of provinces and cities under central government direct control, they shall implement the circulation of publication products to district, county, or equivalent libraries in accordance with the legal regulations on libraries.

Chapter V

IMPLEMENTING PROVISIONS

Article 14. Issuance of Forms

Forms used in managing the assignment of tasks, placing orders, or tendering for the implementation of publication products using the state budget shall be implemented in accordance with Decree No. 32/2019/NĐ-CP, price-related laws, and other relevant laws. Some forms will be detailed to suit the specific characteristics of the publication sector as set forth in the Appendix attached to this Circular.

Article 15. Effective Date

1. This Circular takes effect from February 18, 2022.

2. Circular No. 07/2018/TT-BTTTT dated May 15, 2018, issued by the Minister of Information and Communications guiding the implementation of ordering publication products using the state budget, shall cease to be effective from the date this Circular takes effect.

3. During the implementation process, if there are emerging issues or difficulties, agencies and organizations are requested to report in writing to the Ministry of Information and Communications for consideration and resolution./.