Decree No. 72/2002/ND-CP detailing the implementation of the Library Ordinance

DECREE OF THE GOVERNMENT

Regulations for the Implementation of the Library Ordinance

 

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Library Ordinance dated December 28, 2000;

To implement and guide the implementation of the Library Ordinance;

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

 

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1.This Decree provides detailed regulations on the implementation of the Library Ordinance regarding the organization and operation of libraries; the rights and responsibilities of organizations and individuals in library activities; state policies on investment and development of libraries; and state management over library activities.

2.This Decree applies to:

a)Organizations and individuals of Vietnam in library activities;

b)Vietnamese people residing abroad, foreign organizations and individuals residing and working in Vietnam in library activities, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.

 

Chapter II

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS IN LIBRARY ACTIVITIES

Article 2. Responsibilities of libraries towards users of library materials

1.Libraries have the responsibility to create conditions for Vietnamese organizations and individuals, Vietnamese people residing abroad, foreign organizations and individuals residing and working in Vietnam to use library materials at the library or borrow them home in accordance with the library's charter and internal rules.

2.Local public libraries have the responsibility to establish sections of ethnic minority language materials suitable for the characteristics of the local population to serve this reader group.

3.Local public libraries, school libraries, and other educational institutions, children's cultural centers, and children's cultural houses have the responsibility to establish sections of materials appropriate to the abilities, psychology, and age of children; organize reading rooms and borrowing of materials exclusively for serving children.

4.Public libraries have the responsibility to cooperate with the Association of the Blind to establish sections of Braille books and newspapers and other special types of materials to serve visually impaired persons.

5.Libraries in prisons and detention centers shall create conditions for inmates serving their sentences and those under detention to use the materials of these libraries.

6.In libraries funded by the state budget, elderly persons as defined in the Elderly Persons Ordinance dated April 28, 2000, and disabled persons as defined in the Disabled Persons Ordinance dated July 30, 1998, who due to health conditions cannot come to the library shall be provided library materials at home free of postage charges through postal services or mobile libraries upon request confirmed by the People's Committee of communes, wards, or towns.

The General Post Office shall take the lead and coordinate with the Ministry of Culture, Sports and Tourism and the Ministry of Finance to stipulate the exemption regime for postage charges for sending books and newspapers from libraries via postal services to the aforementioned reader groups.

Article 3. Responsibilities of users of library materials

Users of library materials have the responsibility to:

1.Comply with the library's internal rules;

2.Protect the library's materials and property; they must not steal, swap, deface, cut out, tear, damage, write notes, or make unauthorized copies of books, newspapers, and other library materials; they must not illegally copy library materials; they must not damage library equipment, machinery, or other items or engage in any other acts that cause damage to library materials and property;

3.Participate in building and developing libraries in the forms and contents prescribed in Article 11 and Article 16 of this Decree;

4.If they commit violations as stipulated in Clause 2 of this Article or other violations, they shall bear criminal responsibility, administrative penalties, or compensation for damages according to the provisions of the law depending on the nature and severity of the violation.

 

Chapter III

ORGANIZATION AND OPERATIONS OF LIBRARIES

Article 4. Public Libraries

A public library is a library with a comprehensive collection of materials from all fields and scientific disciplines, serving a wide range of readers.

Public libraries include the National Library of Vietnam and libraries established by the People's Committees of provinces and centrally governed cities (hereinafter referred to as provincial-level libraries), libraries established by the People's Committees of districts, towns, and centrally governed towns within provinces (hereinafter referred to as district-level libraries), and libraries established by the People's Committees of communes, wards, and towns (hereinafter referred to as commune-level libraries).

The National Library of Vietnam is directly under the direction of the Ministry of Culture and Information. Provincial-, district-, and commune-level libraries are directly under the direction of the cultural and information agencies at the same level.

Article 5. Position and Role of the National Library of Vietnam

The National Library of Vietnam is the central library of the country in the following areas:

1. Building and preserving the national collection of publications, collecting and storing materials about Vietnam by domestic and foreign authors;

2. Circulating and exchanging materials between domestic and foreign libraries;

3. Receiving domestic publication deposits according to the Law on Publishing, doctoral dissertations of Vietnamese citizens defended both domestically and abroad, and of foreign citizens defended in Vietnam;

4. Compiling and publishing national bibliographies and coordinating with the central libraries of ministries, sectors, and domestic library systems to compile the General Bibliography of Vietnam;

5. Researching library science and bibliography; guiding library operations throughout the country according to the division of labor of the Ministry of Culture and Information.

Article 6. Specific Rights and Duties of Provincial-, District-, and Commune-Level Libraries       

The specific rights and duties of provincial-, district-, and commune-level libraries are detailed in Article 18 of the Ordinance on Libraries as follows:

1. Provincial-level libraries

a) Collecting, preserving ancient and rare materials currently existing in the locality; gathering, storing, and preserving materials published and written about the locality; organizing services for these materials to serve the construction and development of the locality;

The Department of Culture and Information, after receiving local publication deposits according to the Law on Publishing, has the responsibility to transfer at least one copy of each title to the provincial-level library;

b) Participating in building district- and commune-level libraries, community bookshelves; establishing circulating material collections; organizing the circulation of books and newspapers to district- and commune-level libraries, community bookshelves; organizing mobile libraries to serve the people in the area;

c) Directing and guiding library operations for district-level libraries; organizing professional training courses for library staff; coordinating activities and exchanging materials with libraries established by local agencies and organizations.

2. District-level libraries

a) Building commune-level libraries, community bookshelves; organizing the circulation of books and newspapers to commune-level libraries, community bookshelves; fostering reading campaigns among the people;

b) Guiding library operations for commune-level libraries and libraries established by local agencies and organizations.

3. Commune-level libraries

a) Organizing book and newspaper services for the people at the grassroots level;

b) Promoting reading and following books and newspapers; forming the habit of reading books and newspapers among the local population.

Article 7. Multidisciplinary and Specialized Libraries

A multidisciplinary library is a library with resources from various fields anddisciplines. A specialized library is a library with deep resources on a specificfield or discipline.

Multidisciplinary and specialized libraries focus on serving readers who arestaff members of the managing agencies or organizations, and may also serve otherreaders in accordance with the library's regulations and internal rules.

Multidisciplinary and specialized libraries are established by state agencies,research institutes, scientific research centers, schools, educational institutions,military units, political organizations, social-political organizations, socialorganizations, occupational organizations, economic organizations, and publicinstitutions, and are directly under the guidance of these agencies andorganizations.

Article 8. Specific Rights and Duties of Multidisciplinary and SpecializedLibraries

The specific rights and duties of multidisciplinary and specialized librariesare stipulated in Article 19 of the Library Ordinance and are detailed as follows:

1. Research institutes and scientific research centers' libraries have the dutyto build deep resources on one or more disciplines to serve readers with researchand reference needs related to one or more disciplines.

2. School and other educational institution libraries

a) University and college libraries have the duty to build resources that meetthe research, teaching, and learning needs of teachers and students at universitiesand colleges.

b) Vocational education system school libraries have the duty to build resourcesmeeting the teaching needs of teachers and the learning and skill developmentneeds of students.

c) General education system school libraries have the duty to build resourcesmeeting the requirements for educational reform, improving teaching quality, andlearning needs of teachers and students.

3. State agency libraries have the duty to build resources that meet thereference and research needs of staff for their professional tasks.

4. Military unit libraries have the duty to build deep resources on nationaldefense and security fields to meet the research, reference, and learning needs ofofficers and soldiers.

5. Political organization, social-political organization, social organization,occupational organization, economic organization, and public institutionlibraries have the duty to build deep resources on fields within their management,study, and activities.

Article 9. Duties of Libraries

1. Organize services for all types of readers using library resources; scheduleappropriate service times based on living, working, and studying conditions ofall social strata; promote external library resource service activities to facilitatereader access; do not impose restrictions on library usage rights.

2. Develop resources suitable for the nature, duties, and service targets of thelibrary. Regularly remove outdated or damaged resources from storage; exceptfor rare and valuable cultural heritage materials which must be handled andpreserved according to the Cultural Heritage Law. Standards and procedures forresource removal are jointly defined by the Ministry of Culture, Sports andTourism and the Ministry of Finance.

3. Widely disseminate library resources through catalog information, searchguidance, and other informational and promotional methods; fully utilize thecontent of existing library resources to serve immediate and long-term tasks ofthe sector and locality.

4. Process information and compile scientific information publicationsappropriate to the library's functions and duties.

5. Expand interconnectivity between domestic and international libraries throughcomputer networking, lending, and exchanging resources.

6. Organize training courses on library specialization and operations; providefavorable conditions for library workers to enhance their professional skills.

7. Study and apply advanced scientific and technological achievements,especially information technology, to modernize library activities.

8. Preserve library resources, equipment, facilities, and other assets.

Article 10. Rights of libraries

1. Participate in exchanging materials with libraries, organizations, and individualsboth within the country and abroad. The exchange of materials with foreignlibraries, organizations, and individuals must comply with the laws on theexportation and importation of cultural products not within the scope of business.

2. Participate in domestic and international information-library networks; suchparticipation must comply with the laws governing the management and use ofcomputer networks and internet services.

3. Join domestic and international library professional associations as prescribedby law.

4. Expand international exchanges and cooperation, participate in regional andinternational scientific conferences; research, training, consulting activities;receive financial support and aid from foreign libraries, organizations, andindividuals.

Article 11. Activities organized by libraries

1. Library development activities; library professional and technical activities:researching, selecting, and processing materials; organizing book and newspapercirculation; organizing scientific seminars on library-related fields.

2. Publicity and introduction activities about libraries, materials, and libraryservices aimed at attracting readers to use the library.

3. Building reading promotion movements among the people; organizing readerconferences, reader clubs, and establishing a team of library volunteers.

Article 12. Storage of materials containing content specified in Clause 1, Article 5of the Libraries Ordinance

1. Libraries may store materials containing content specified in Clause 1, Article 5of the Libraries Ordinance, including: the National Library of Vietnam; multi-disciplinary and specialized libraries of Ministries and agencies equivalent toMinistries; the Hanoi Library and the Ho Chi Minh City University of ScienceLibrary.

2. The storage and use of materials containing content specified in Clause 1, Article5 of the Libraries Ordinance for research and reference purposes shall be carriedout in accordance with the laws on archives and state secrets protection.

 

Chapter IV

NATIONAL INVESTMENT POLICY FOR LIBRARIES

Article 13. Libraries operating on state budget

Libraries operating on the state budget include:

1. The National Library of Vietnam;

2. Provincial, district, and commune libraries;

3. School libraries and other educational institutions using state funds;

4. Government agency libraries;

5. Libraries of state research institutes and centers;

6. People's armed forces libraries;

7. Libraries of political organizations and political-social organizations.

Article 14. Investment policy for libraries operating on state budget

1. Ensuring funding for libraries to develop material resources, construct moderninfrastructure and gradually implement electronic and automated systems, buildelectronic libraries, and develop digital libraries; expanding library activities;creating cultural landscapes and environments to enhance service quality;organizing the exploitation and use of material resources, information, and otherlibrary activities according to approved targets and plans by competent stateauthorities.

2. Concentrated investment in libraries with particularly important positionsincluding the National Library of Vietnam, the Institute of Social SciencesInformation Library (under the National Center for Social Sciences and Humanities),the Central Engineering and Technology Information Library (under the NationalCenter for Scientific and Technological Information), the Military Library, theHanoi Library, and the Ho Chi Minh City University of Science Library.

3. Prioritize investment in construction and strengthen infrastructure and materialresources for district libraries located in economically disadvantaged areas andextremely disadvantaged areas. Specific lists of these regions are implementedaccording to current laws.

4. Prioritize land allocation and create favorable conditions for libraries to beconstructed in cultural and administrative centers, convenient for transportation,and meeting requirements for landscape and cultural environment.

5. Build a library workforce with sufficient professional expertise; implementcareer incentives such as hazardous duty allowances, mobile service subsidies, andother appropriate policies based on the characteristics of the library profession.

6. The State invests in writing and publishing books and newspapers for children,minority language books and newspapers, and materials for visually impairedreaders to serve these reader groups.

Article 15. State policy towards libraries operating without state budget funding

1. Libraries of schools and other educational institutions not using state capital,libraries of social organizations, social-professional organizations, economicorganizations, scientific research institutions operating without state budgetfunding shall enjoy preferential policies regarding material facilities, land, finance,credit in accordance with the provisions of Decree No. 73/1999/ND-CP dated August19, 1999 on policies to encourage socialization for activities in the field ofeducation, health care, culture, physical education and sports.

2. Persons working in libraries operating without state budget funding shall beexempted from tuition fees when attending specialized training courses organizedby the Ministry of Culture and Information.

Article 16. Socialization of library activities

TheState implements policies to socialize library activities, encourages domesticorganizations and individuals, foreign organizations and individuals to donatematerials, money, assets, contribute labor to the development of libraries;participate in activities organized by libraries as stipulated in Article 11 of thisDecree and other activities in accordance with the laws on libraries.

Article 17. State policy towards valuable historical, cultural, and scientificdocument collections of individuals, families, clans

1. The State assists in technical preservation of valuable historical, cultural, andscientific document collections of individuals, families, clans for the purpose ofmaintaining and preserving the national archival heritage.

2. The Minister of Culture and Information shall prescribe procedures for reviewand bases for determining the value of documents and document collections.

Fordocuments and document collections recognized as cultural heritages, theprovisions of the Cultural Heritage Law shall apply.

 

Chapter V

RESPONSIBILITIES OF MINISTRIES, GOVERNMENT-LEVEL AGENCIES, AND LOCALPEOPLE'S COMMITTEES IN MANAGING THE STATE LIBRARY AFFAIRS

AND AT ALL LEVELS

Article 18. Responsibilities of the Ministry of Culture and Information

1. To be responsible before the Government for building and directing theimplementation of strategies, planning, and plans for library development.

2. To draft and submit to the Government projects for laws, ordinances, andregulatory legal documents on libraries; to promulgate regulatory legal documentson libraries within its authority.

3. To organize training and capacity building in political ideology, management,professional knowledge, and skills for the library workforce.

4. To organize registration for operations of the National Library of Vietnam andlibraries of central agencies and organizations.

5. To develop and promulgate standards and regulations on professional andtechnical library work, model rules and regulations on organization and operationof each type of library, model library internal regulations.

6. To organize and manage research and application of scientific and technologicalachievements in the field of libraries.

7. To organize and direct competition, commendation, and reward activities inlibrary operations.

8. To organize and manage international cooperation in libraries within itsauthority.

9. To inspect and supervise compliance with laws on libraries; to resolve complaintsand accusations and handle violations of laws on libraries in accordance with thelaw.

Article 19. Responsibilities of the Ministry of Finance

1. To take the lead and coordinate with the Ministry of Culture and Informationand relevant ministries to establish state budget allocation standards for libraryactivities according to Clause 1 of Article 14 of this Decree for each type andcategory of libraries.

2. To ensure timely and adequate regular funding for libraries in accordance withlaws on state budgets.

3. To inspect and supervise the management and use of library funds.

4. To guide the collection, payment, management, and use of library fees andcharges in accordance with laws on fees and charges.

Article 20. Responsibilities of the Ministry of Planning and Investment

Shall take the lead and coordinate with the Ministry of Culture, Sports and Tourism, relevant ministries and agencies, and People's Committees of provinces and cities to develop plans for investment in building material and technical infrastructure for library networks nationwide, prioritizing libraries with particularly important positions and district libraries in areas with difficult socio-economic conditions and extremely difficult socio-economic conditions as stipulated in Clauses 2 and 3 of Article 14 of this Decree.

Article 21. Responsibilities of the Government Organizational and Cadre Affairs Council

Shall take the lead and coordinate with the Ministry of Culture, Sports and Tourism:

1. To establish regulations and policies for library workers that are appropriate to the characteristics of the library profession.

2. To establish library ranking standards and staffing norms to be submitted to the Prime Minister for decision.

Article 22. Responsibilities of Ministries, ministerial-level agencies, and agencies under the Government

1. To develop and direct the implementation of plans for library development and systems of subordinate libraries.

2. To ensure annual funding for subordinate libraries.

3. To organize and direct competition, commendation activities within the library operations of their agencies; inspect and supervise compliance with laws on libraries by subordinate libraries.

Article 23. Responsibilities of People's Committees at all levels

1. Provincial People's Committee

a) To develop planning and plans for library development in the locality in accordance with the strategy, planning, and development plans of the cultural and information sector;

b) To ensure annual funding for provincial libraries;

c) To organize and direct competition, commendation activities within library operations in the locality;

d) To inspect and supervise compliance with laws on libraries; resolve complaints and accusations and handle violations of library laws occurring in the locality according to the provisions of the law.

2. District People's Committee

a) To implement the library development plan in the locality developed by the Provincial People's Committee;

b) To ensure annual funding for district libraries;

c) To inspect and supervise compliance with laws on libraries; resolve complaints and accusations and handle violations of library laws occurring in the locality according to the provisions of the law.

3. Commune People's Committee

a) To implement the library development plan in the locality developed by the District People's Committee;

b) To promote socialization of library activities at the grassroots level;

c) To balance funds for library development and provide allowances for library workers in commune libraries.

d) To inspect and supervise compliance with laws on libraries; resolve complaints and accusations and handle violations of library laws occurring in the locality according to the provisions of the law.

 

Chapter VI

REWARD, VIOLATION HANDLING AND COMPLAINTS, REPORTS

Article 24. Rewards

Organizations and individuals who have achievements in building and developing the library cause shall be awarded certificates of merit, medals, and honorary titles according to the provisions of the law on commendation.

Article 25. Handling Violations

Any person violating the provisions of this Decree and other laws on libraries shall be subject to disciplinary action, administrative penalties, or criminal liability according to the provisions of the law depending on the nature and severity of the violation; if damage is caused, compensation must be provided according to the provisions of the law.

Article 26. Complaints and Accusations

Organizations and individuals have the right to file complaints; individuals have the right to report violations of the law in library activities to competent state agencies. The procedures, formalities for complaints and accusations, and the authority to resolve complaints and accusations in library activities shall be carried out according to the provisions of the law on complaints and accusations.

 

Chapter VII

IMPLEMENTING PROVISIONS

Article 27. Effectiveness of the Decree

This Decree shall take effect fifteen days after the date of signature; all previous regulations contrary to this Decree shall be abolished.

Article28. Responsibility for Implementation

1.The Minister of Culture - Information shall be responsible for providing detailed guidance and organizing the implementation of this Decree.

2.Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, and Chairpersons of People's Committees of provinces and centrally governed cities shall be responsible for implementing this Decree.

3.On the basis of the specific operational situation of libraries of other state agencies, political organizations, and socio-political organizations, apply the provisions of this Decree in library activities within their own agencies and organizations./.