Decree No. 72/2000/NĐ-CP On Publishing and Disseminating Works Abroad

DECREE OF THE GOVERNMENT

Regarding the publication and dissemination of works abroad

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to the Law on Legislative Activities dated November 12, 1996;

||| Based on the Civil Code dated October 28, 1995;

In order to strengthen state management over the publication and dissemination ofworks abroad, enhance foreign propaganda work, and encourage the expansion of cultural exchanges between our country and other countries around the world;

At the proposal of the Minister of Culture, Sports and Tourism,

DECREE:

PART I

GENERAL PROVISIONS

Article 1.

1. Organizations and individuals who are the owners of works or have beenauthorized by the owners of works have the right to publish and disseminate worksabroad in accordance with the provisions of this Decree.

2. Organizations and individuals publishing and disseminating works abroad inaccordance with the provisions of this Decree shall be protected by the State forcopyrights in accordance with the laws on copyrights and must bear responsibilityfor the content of those works in accordance with Article 5 of this Decree.

Article 2.

1. Works published and disseminated abroad as stipulated in this Decree include:

a) Written works;

b) Lectures and speeches;

c) Stage works and other types of artistic performances;

d) Film and video works;

đ) Radio and television works;

e) Press works;

g) Musical works;

h) Architectural works;

i) Fine art and applied art works;

k) Photography works;

l) Scientific works, textbooks, teaching materials;

m) Maps, drawings, diagrams related to topography, architecture, scientific works;

n) Translated, adapted, revised, transformed, compiled, annotated, collected works;

0) Computer software;

p) Other works as prescribed by law.

2. The works specified in Clause 1 of this Article are not distinguished by beingexpressed in Vietnamese, ethnic minority languages of Vietnam, or foreignlanguages.

3. Providing information to foreign press, exporting audio and video products forreplication abroad also falls within the scope of regulation of this Decree.

Article 3.

1. Publishing and disseminating works abroad is manifested in the following forms:exhibitions, displays, performances, newspaper and magazine publications,publication, broadcasting on radio and television, uploading to the Internet,participating in competitions, festivals, creative residencies, speaking atscientific conferences, screening, broadcasting, or other public presentations.

2. The issuance of press and publications abroad, the export of works for individualuse that do not manifest in the forms specified in Clause 1 of this Article are notwithin the scope of regulation of this Decree.

Article 4.

1. Organizations and individuals publishing and disseminating works abroad,exporting audio and video products for replication abroad in accordance with Article2 of this Decree must obtain permission from the competent authority as prescribedin Article 6 of this Decree.

2. Providing information to foreign press, publishing and disseminating workscreated during participation in creative residencies abroad does not requirepermission but must not violate the prohibitions set forth in Article 5 of this Decree.

Article 5. Strictly prohibited from publishing and disseminating abroad works containing thefollowing contents:

1. Works containing the following contents:

a) Opposing the Socialist Republic of Vietnam, undermining national solidarity;

b) Propagating violence, aggressive war, hatred among nations and peoples;spreading reactionary thoughts, culture, decadent lifestyles, criminal acts, socialevils, superstition, and destruction of traditional customs and morals;

c) Revealing secrets of the Party, State, military, security, economy, diplomacy, andpersonal privacy, and other secrets as prescribed by law;

d) Distorting history; denying revolutionary achievements, insulting great menand national heroes; slandering and defaming the reputation of organizations andthe dignity and personality of individuals.

2. Works without the contents prescribed in Clause 1 of this Article but which thecompetent state management agency decides to recall, confiscate, prohibitcirculation, and destroy.

Chapter II

AUTHORITY TO GRANT PERMISSION AND PROCEDURES FOR APPLYING FORPERMISSION

PUBLICATION AND DISSEMINATION OF WORKS ABROAD

Article 6. The authority to grant permission for the publication and dissemination of worksabroad is regulated as follows:

1. The Ministry of Culture, Sports and Tourism grants permission for the followingworks:

a) Film and video works presented at film festivals, weeks, or screenings beforeforeign audiences; except for cases where Vietnamese television programs arebroadcast on foreign television stations according to agreements betweenVietnamese Television and foreign broadcasting organizations;

b) Stage, musical, and other performing arts works of central artistic groups sentabroad for performance; stage, musical, and other performing arts works of localartistic groups sent abroad for participation in international or national festivalsand performances;

c) Photography and fine art and applied art works exhibited, displayed, or enteredinto contests abroad;

d) Written works, textbooks, teaching materials published, exhibited, or displayedabroad; press works exhibited or displayed abroad;

đ) Audio and video products exported for replication abroad.

2. The Ministry of Construction grants permission for architectural works.

3. The General Department of Land Administration grants permission for maps,drawings, diagrams under its management.

4. Ministries, ministerial-level agencies, and government agencies grant permissionfor lectures, speeches, scientific works, drawings, diagrams, computer software,and other works as prescribed by law within their respective state managementfunctions when individuals and organizations at the central level send worksabroad for publication and dissemination.

5. The head of the press agency grants permission for press works of individuals andorganizations under their agency to be published, broadcast, or aired in foreignnewspapers, magazines, radio, and television.

6.Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).Provincial People's Committees, municipal people's committees directly under theCentral Government direct provincial-level state management agencies to grantpermission for the following works:

a) The Department of Culture, Sports and Tourism grants permission:

Stage, musical, and other performing arts works of local artistic groups includingprivate artistic groups sent abroad for performance, except for cases within theauthority of the Ministry of Culture, Sports and Tourism as prescribed in point b,Clause 1 of this Article.

Works of journalism by individuals or organizations at local levels that do notbelong to news agencies, when published in newspapers, magazines, or broadcaston radio, television stations abroad.

b) Departments and state management agencies at provincial level shall permitlectures, speeches, scientific works, drawings, diagrams, and other works asprovided by law, which fall within the scope of their administrative functionsand are announced or disseminated abroad by individuals or organizations fromthe locality.

7. Diplomatic missions, diplomatic representatives, or consular offices of Vietnamabroad shall permit works of individuals or organizations of Vietnam working,studying, or laboring abroad that have not been permitted by competentauthorities in Vietnam.

, Clause 1, Clause 2 Article 7a of this Regulation.Organizations and individuals wishing to publish or disseminate works abroadmust submit application files to the competent authority as stipulated in Article6 of this Decree. The file includes:

1. A request letter clearly stating the name of the work, type of work, author'sname, form, time, place of publication, dissemination;

2. Manuscript of the written work; summary of the content of lectures, speeches,stage works, and other performing arts works, film works, video works, pressworks, broadcasting works, music works, scientific works, textbooks, teachingmaterials, computer software;

3. List of works for architectural, graphic, applied art, photography, illustrativecharts, drawings, diagrams, maps;

4. Power of attorney from the owner of the work in cases where the organizationor individual is not the owner of the work being published or disseminatedabroad.

5. In cases where the publication or dissemination of works abroad is based onagreements between the competent authorities of Vietnam and foreign countriesor international organizations, or invited by foreign countries or internationalorganizations, the relevant agreement or invitation letter must be attached.

6. In cases where the issuing authority needs to review the content of film works,video works, stage works, and other performing arts works, or other works, theorganization or individual applying for permission shall be responsible forsubmitting the work for the issuing authority to review.

Article 8.

1. From the date of receiving valid applications, within ten days for works specifiedat points b, c, d, đ, e, g, h, i, k, m, o, p Clause 1 Article 2 of this Decree, within twentydays for works specified at points a, l, n Clause 1 Article 2 of this Decree, thecompetent authority shall examine and issue permits for the publication anddissemination of works abroad. In cases where a permit is not issued or anextension beyond the prescribed period is required, a written notice explainingthe reasons must be provided; the maximum extension period shall not exceedthirty days from the date of receipt of the application.

2. The permit issued by the competent authority as stipulated in Article 6 of thisDecree serves as the basis for customs procedures.

3. In cases where organizations or individuals applying for permission to publish ordisseminate works abroad disagree with the decision of the issuing authority, theyhave the right to lodge complaints according to the laws on complaints and denunciations.

Chapter III

STATE MANAGEMENT OF THE PUBLICATION AND DISSEMINATION OFWORKS ABROAD

Article 9The Government shall uniformly manage the publication and dissemination ofworks abroad.

The Ministry of Culture and Information shall be the Government agencyimplementing unified state management over the publication and disseminationof works abroad, with the following tasks and powers:

1. Drafting and submitting to the Government for promulgation or promulgatingitself within its authority legal regulatory documents on the publication anddissemination of works abroad;

2. Permitting or prohibiting the publication and dissemination of works abroadwithin its authority;

3. Implementing or leading, coordinating with ministries, sectors, and localities tocarry out inspections, examinations, handling of complaints and denunciations,handling of violations related to the publication and dissemination of worksabroad within its authority;

4. Directing, guiding, inspecting Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).people's committees of provinces and cities directly under the CentralGovernment to implement legal regulatory documents on the publication anddissemination of works abroad;

5. Requesting ministries, sectors, Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).people's committees of provinces and citiesdirectly under the Central Government to report on the publication anddissemination of works abroad within their jurisdiction.

Article 10Within the scope of their assigned functions, ministries, ministerial-levelagencies, and government agencies shall be responsible for issuing guidancedocuments, issuing permits, directing, inspecting, handling violations, andhandling complaints and denunciations regarding the publication anddissemination of works abroad within their sectoral jurisdiction.

Article 11.Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).People's committees of provinces and cities directly under the CentralGovernment shall be responsible for directing, guiding, inspecting, handlingviolations, and handling complaints and denunciations concerning thepublication and dissemination of works abroad within their local jurisdiction.

Chapter IV

HANDLING VIOLATIONS

Article 12Organizations and individuals who violate the provisions of this Decree and otherrelevant legal regulatory documents in the publication and dissemination ofworks abroad will be subject to administrative penalties, prohibition frompublishing and disseminating works abroad; individuals committing seriousviolations may be criminally prosecuted, and if damage is caused, they mustcompensate according to the law.

Article 13Individuals with authority who abuse their positions or powers to permit thepublication and dissemination of works abroad that are prohibited under Article5 of this Decree or harass applicants will be subject to administrative penaltiesor criminal prosecution according to the law.

Chapter V

IMPLEMENTING PROVISIONS

Article 14If international treaties to which Vietnam is a party provide different provisionsfrom those in this Decree, the provisions of the international treaty shall apply.

Article 15This Decree shall take effect fifteen days from the date of signature. Previousregulations of the Government on the publication and dissemination of worksabroad that conflict with this Decree are hereby abolished.

Article 16The Minister of Culture and Information shall be responsible for guiding theimplementation of this Decree.

Article 17Ministers, heads of ministerial-level agencies, heads of government agencies,and Chairmen Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).of the People's Committees of provinces and centrally-administered cities areresponsible for implementing this Decree./.