Circular No. 33/2011/TT-BTTTT provides detailed regulations on issuing licenses for online press activities and specialized sections of online press in accordance with the Press Law.

CIRCULAR

Regulations on issuing licenses for electronic press activities and specialized sections of electronic press

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Pursuant to the Press Law dated December 28, 1989 and the Law Amending and Supplementing Certain Provisions of the Press Law dated June 12, 1999;

Based on Decree No. 51/2002/NĐ-CP dated April 26, 2002 of the Government detailing the implementation of the Press Law, and the Law amending and supplementing certain articles of the Press Law;

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;

Based on Decree No. 50/2011/NĐ-CP dated June 24, 2011 of the Government amending and supplementing Decree No. 187/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications;

The Ministry of Information and Communications hereby details the issuance of Licenses for Electronic Press Activities and Licenses for Specialized Sections of Electronic Press as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular specifies the detailed procedures for issuing new, renewing, amending, and supplementing Licenses for Electronic Press Activities and Licenses for Specialized Sections of Electronic Press.

Article 2. Applicability

This Circular applies to organizations that have been issued Licenses for Electronic Press Activities in accordance with the laws on press; electronic newspapers and magazines and their managing bodies (hereinafter referred to as managing bodies).

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Electronic press includes electronic newspapers and magazines conducted on computer networks.

2. Specialized section of electronic press is an electronic information page within an electronic newspaper or magazine with content specific to the objectives and purposes of the licensed electronic newspaper or magazine.

3. Homepage is the first displayed webpage on the screen with the domain name specified in the License for Electronic Press Activities.

Article 4. Licensing Authority

1. The Minister of Information and Communications shall issue Licenses for Electronic Press Activities and Licenses for Amending and Supplementing Licenses for Electronic Press Activities in accordance with the law and this Circular.

2. The Director of the Radio, Television, and Internet Administration shall issue Licenses for Specialized Sections of Electronic Press in accordance with the law and this Circular.

Article 5. Validity of Licenses

1. The License for Electronic Press Activities shall be valid for ten (10) years from the date of issuance.

2. The validity period of the License for Specialized Section of Electronic Press shall be specified in each license but shall not exceed the validity period of the License for Electronic Press Activities already issued.

3. Ninety (90) days after the effective date of the License for Electronic Press Activities and the License for Specialized Section of Electronic Press, if the licensed organization does not operate according to the content stipulated in the license, the issued license shall lose its value.

Chapter II

ISSUANCE OF LICENSE FOR ELECTRONIC PRESS ACTIVITIES

Article 6. Conditions for Issuing License for Electronic Press Activities

1. Must comply with the press planning approved by competent state authorities.

2. Personnel conditions:

a) There must be individuals meeting the following conditions to appoint chief editors and deputy chief editors of the electronic press agency:

Hold a bachelor's degree or higher;

Have advanced theoretical political education;

Have completed training in press management organized by the Ministry of Information and Communications and obtained a certificate;

Hold a valid Journalist Card issued by the Ministry of Information and Communications;

Not currently serving a disciplinary sanction of reprimand or higher.

b) Must have sufficient staff to form leadership of departments and have a sufficient team of reporters and editors holding valid Journalist Cards to ensure the operation of the electronic newspaper or magazine.

c) In cases where the electronic press agency uses foreign languages or ethnic minority languages of Vietnam to express content, there must be sufficient reporters and editors proficient in those languages to ensure publication and there must be agency leaders or persons authorized by leaders who are proficient in those foreign languages or ethnic minority languages and responsible for content.

3. Clearly define the name of the proposed electronic press agency for licensing; the objectives, target audience, and language of expression of the electronic press agency.

4. Must use at least one .vn domain name with a minimum remaining validity period of six months at the time of application.

5. Develop appropriate management procedures consistent with the operational model of electronic press.

6. Meet the conditions regarding material resources, finance, and technology as stated in the licensing application, including:

a) Having a stable headquarters to ensure the operation of the electronic press;

b) Having sufficient equipment, personnel, and technical solutions to ensure the safety and security of information for the operation of the electronic press;

c) Having sufficient financial conditions to ensure the operational goals according to the objectives and purposes.

7. Must be certified by the Chairman of the People's Committee of the province or centrally administered city as having the necessary conditions to operate electronic press and being consistent with the local press development plan for organizations applying to establish local electronic press agencies.

8. For religious organizations, specialized basic scientific research institutes, and other special cases requesting permission to operate electronic press, the Ministry of Information and Communications will consider and decide.

Article 7. Documents for Issuing an Electronic News Media Operation Permit

1. The managing agency requesting an electronic news media operation permit shall submit two (02) sets of documents to the Ministry of Information and Communications (Radio, Television and Electronic Information Management Department). The documents include:

a) An application form for an electronic news media operation permit (Form No. 1);

In cases where the managing agency is not a People's Committee of a province or centrally governed city, it must have confirmation from the Chairman of the People's Committee of the province or centrally governed city according to Clause 6, Article 12 of Decree No. 51/2002/NĐ-CP dated April 26, 2002, detailing the implementation of the Press Law and the Law Amending and Supplementing Certain Provisions of the Press Law.

b) A certified copy of the decision establishing the agency or organization requesting the electronic news media operation permit;

c) The electronic news media operation plan approved by the managing agency, which clearly states:

- The necessity, purpose, and legal basis;

- Proof of meeting all conditions stipulated in Article 6 of this Circular;

- The name, domain names, and logo (if any) of the electronic news media agency;

- Structure and content of information: specialized pages, sections (editorial policy, language of expression, main contents);

- Interface and format of the electronic news media. The homepage of the electronic newspaper or magazine must display the following information: name of the electronic news media; name of the managing agency; license number, date of issuance; main office address; phone number, email; full name of the General Editor. For the homepage of a specialized section of the electronic news media, it must also include the name of the specialized section;

- Utility information and paid information;

- Implementation organization, publication process, and content management.

d) A proposed list of staff: leaders of the electronic news media agency, heads of specialized departments, reporters, editors, technical staff of the electronic news media agency (Form No. 2).

đ) Curriculum vitae of the leaders of the electronic news media agency (General Editor, Deputy General Editor) (Form No. 3).

e) A document from the local Department of Information and Communications confirming that there are sufficient conditions regarding headquarters, equipment, personnel, and other conditions as assigned by the Chairman of the People's Committee of the province or centrally governed city for organizations requesting an electronic news media operation permit in the locality.

g) A printed color interface of the homepage of the electronic news media and the homepage of the specialized section of the electronic news media.

2. The Ministry of Information and Communications is responsible for reviewing and processing applications for electronic news media operation permits (Form No. 5). If a permit is not issued, within thirty (30) working days from the date of receiving valid documents, the Ministry of Information and Communications will provide a written response stating the reasons.

Article 8. Amendments and Supplements to the Electronic News Media Operation Permit

1. An electronic news media agency wishing to change the contents recorded in the electronic news media operation permit as specified in Clause 4, Article 14 of Decree No. 51/2002/NĐ-CP shall submit one (01) set of documents requesting amendments and supplements to the permit to the Ministry of Information and Communications (Radio, Television and Electronic Information Management Department).

2. Documents for requesting amendments and supplements to the contents: name of the electronic news media agency, name of the managing agency, editorial policy, language of expression, include:

a) A document from the managing agency and the electronic news media agency stating the reasons and content requested for change.

b) A certified copy of the electronic news media operation permit.

c) A document from the local Department of Information and Communications confirming that there are sufficient conditions for operation according to the requested changes as assigned by the Chairman of the People's Committee of the province or centrally governed city for electronic news media agencies in the locality.

3. Documents for requesting amendments and supplements to the contents: homepage interface, main office, domain names include:

a) A request document from the electronic news media agency;

b) A sample of the proposed homepage interface change (for cases where the electronic news media agency requests a change in the presentation of the homepage interface);

c) Domain names requested for change (for cases where the electronic news media agency requests a change or addition of domain names).

4. Within fifteen (15) days from the date of receiving valid documents, the Ministry of Information and Communications is responsible for reviewing and processing the issuance of an amended and supplemented permit (Form No. 6). If a permit is not issued, the Ministry of Information and Communications will respond in writing and state the reasons.

5. Changes to the leadership of the electronic news media agency shall be carried out in accordance with the laws on press.

Article 9. Reissuing the Electronic News Media Operation Permit

1. Ninety (90) days prior to the expiration of the Electronic News Media Operation Permit, if the news agency wishes to continue its electronic news media operations, the managing authority must submit procedures to request the Ministry of Information and Communications to reissue the permit.

2. The application dossier for reissuing the Electronic News Media Operation Permit includes:

a) A written request from the managing authority;

b) A document from the provincial Department of Information and Communications confirming that the news agency meets the conditions to continue electronic news media operations as assigned by the Chairman of the People's Committee of the province or centrally-administered city;

c) A copy of the Electronic News Media Operation Permit and any amendments or supplements to the permit issued by the news agency, which have been approved by the Ministry of Information and Communications;

d) An application form for requesting the Electronic News Media Operation Permit (Form No. 1);

đ) A consolidated list of personnel: leaders of the news agency, heads of specialized departments, reporters, editors, and technical staff of the electronic news agency (Form No. 2);

e) A report evaluating the operation of the electronic news media.

3. The dossier shall be compiled into one (01) original set to be submitted directly or sent via postal service to the Ministry of Information and Communications (Broadcasting, Television, and Telecommunications Management Department).

Within thirty (30) working days from the date of receipt of the complete dossier as prescribed, the Ministry of Information and Communications shall be responsible for reviewing and reissuing the Electronic News Media Operation Permit. In case of not issuing the permit, the Ministry of Information and Communications shall respond in writing and specify the reasons.

Article 10. Issuing Specialized Section Permits for Electronic News Media

1. If an electronic news agency wishes to add a specialized section not covered under the scope of the Electronic News Media Operation Permit, it must follow the procedures to apply for a permit as stipulated.

2. The application dossier for the Specialized Section Permit for Electronic News Media includes:

a) A written request from the managing authority;

b) An application form for requesting a specialized section permit (Form No. 4);

c) A certified copy of the Electronic News Media Operation Permit;

d) A proposal for establishing the specialized section detailing:

The necessity, purpose, and legal basis;

The name, domain names (if any) of the specialized section;

The mission, purpose, language, main contents, and sections;

Useful information and paid information;

Implementation organization, publication process, and content management;

đ) A document from the provincial Department of Information and Communications confirming that the agency meets the conditions for operating the specialized section (for electronic news agencies under the jurisdiction of provinces or centrally-administered cities).

e) A printed color interface of the homepage of the specialized section.

g) A certificate of registration for using a domain name (in cases where the specialized section has its own domain name).

2. The dossier shall be compiled into one (01) original set to be submitted directly or sent via postal service to the Broadcasting, Television, and Telecommunications Management Department.

Within thirty (30) days from the date of receiving a valid dossier, the Broadcasting, Television, and Telecommunications Management Department will review and issue the Specialized Section Permit for Electronic News Media (Form No. 7). In case of not issuing the permit, the Broadcasting, Television, and Telecommunications Management Department will respond in writing and specify the reasons.

Article 11. Amending and Supplementing the Specialized Section Permit for Online Press

1. When changing any of the contents recorded in the already issued Specialized Section Permit for Online Press, the online press agency must carry out the procedures to request amendment and supplementation of the issued permit.

1. A registration form for issuing a journalist card filled out by the applicant according to the model; approved and stamped by the head of the applying agency (Model No. 1);

a) A request document from the online press agency clearly stating the content requested for amendment and supplementation;

b) A certified copy of the Online Press Activity Permit and the issued Specialized Section Permit for Online Press;

c) A document from the local Department of Information and Communications confirming compliance with conditions for operation according to the changed content (for agencies under provincial or centrally governed city administrations).

2. The dossier shall be compiled into one (01) original set to be submitted directly or sent via postal service to the Broadcasting, Television, and Telecommunications Management Department.

Within ten (10) days from the date of receiving a complete application, the Radio, Television and Electronic Information Management Department will examine and issue the amended and supplemented permit (Form No. 8). In case of not issuing the permit, the Radio, Television and Electronic Information Management Department will respond in writing and specify the reasons.

Article 12. Reissuing the Specialized Section Permit for Online Press

1. Ninety (90) days before the expiration of the Specialized Section Permit for Online Press, if wishing to continue operations, the online press agency must complete the procedures to request reissue of the permit.

2. The reissue procedures shall be carried out as for new issuance.

3. Within fifteen (15) days from the date of receiving a complete application, the Radio, Television and Electronic Information Management Department will examine and reissue the permit. In case of not reissuing the permit, the Radio, Television and Electronic Information Management Department will respond in writing and specify the reasons.

Chapter IV

IMPLEMENTING PROVISIONS

Article 13. Issuing Forms

Issued together with this Circular are the following forms:

1. Form No. 1: Application form for issuance of Online Press Activity Permit.

2. Form No. 2: List of personnel of the online press agency.

3. Form No. 3: Curriculum vitae of the proposed leader of the online press agency.

4. Form No. 4: Application form for issuance of Specialized Section Permit for Online Press.

5. Form No. 5: Online Press Activity Permit.

6. Form No. 6: Amendment and Supplementation Permit for Online Press Activity Permit.

7. Form No. 7: Specialized Section Permit for Online Press.

8. Form No. 8: Amendment and Supplementation Permit for Specialized Section Permit for Online Press.

Article 14. Implementation clause

1. This Circular takes effect from January 1, 2012.

2. The managing bodies and online press agencies have the responsibility to comply with legal regulations on press and the provisions in the Online Press Activity Permit and the Specialized Section Permit for Online Press.

3. During implementation, if any issues arise, they should be promptly reported to the Ministry of Information and Communications for examination and resolution./.