Circular 01/2020/TT-BTTTT guidance on Publication Law and Decree 195/2013/ND-CP

CIRCULAR

Detailing and guiding the implementation of a number of articles of the Publication Law and the Government’s Decree No. 195/2013/ND-CP of November 21, 2013, detailing a number of articles of, and providing measures to implement, the Publication Law^[1]

Pursuant to the November 20, 2012 Publication Law;

Pursuant to Government’s Decree No. 195/2013/ND-CP of November 21, 2013, detailing a number of articles of, and providing measures to implement, the Publication Law;

Pursuant to Government’s Decree No. 150/2018/ND-CP of November 7, 2018, amending a number of decrees concerning business investment conditions and administrative procedures in the field of information and communications;

Pursuant to Government’s Decree No. 17/2017/ND-CP of February 17, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communications;

At the proposal of the Director General of the Authority of Publication, Printing and Distribution,

The Minister of Information and Communications promulgates the Circular detailing and guiding the implementation of a number of articles of the Publication Law and the Government’s Decree No. 195/2013/ND-CP of November 21, 2013, detailing a number of articles of, and providing measures to implement, the Publication Law.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Circular details and guides the implementation of a number of articles of the Publication Law and the Government’s Decree No. 195/2013/ND-CP of November 21, 2013, detailing a number of articles of, and providing measures to implement, the Publication Law (below referred to as Decree No. 195/2013/ND-CP), regarding organization and operation in the fields of publishing, printing and distribution of publications, and publishing and distribution of e-publications.

Article 2.Periodical reporting prescribed in Clauses 1 and 2, Article 5 of Decree No. 195/2013/ND-CP

1. Reporting subjects:

a/ Publishing houses, and Vietnam-based representative offices of foreign publishing houses or foreign publication distribution institutions (below referred to as representative offices); publication distribution establishments that are enterprises or public non-business units having their head offices and branches based in two or more provinces and centrally run cities; publication importers; and organizations and individuals distributing e-publications shall send reports on their operation to the Ministry of Information and Communications (via the Authority of Publication, Printing and Distribution).

Centrally and locally run printing establishments shall include contents on printing of publications and contents on printing of products other than publications in the same reports and comply with Clause 3, Article 1 of the Government’s Decree No. 25/2018/ND-CP of February 28, 2018, amending and supplementing a number of articles of the Government’s Decree No. 60/2014/ND-CP of June 19, 2014, on printing activities (below referred to as Decree No. 25/2018/ND-CP);

b/ Publication distribution establishments that are enterprises or public non-business units having their head offices and branches based in the same province or centrally run city shall send reports on their operation to provincial-level Departments of Information and Communications or specialized agencies assigned by provincial-level People’s Committees to perform the state management of publication activities (below referred to as Departments);

c/ Departments shall summarize information on operation and state management of publishing and distribution of publications in localities and send reports to the Ministry of Information and Communications (via the Authority of Publication, Printing and Distribution).

The summarization of information and reporting in the field of printing of publications shall be carried out together with the making of reports as prescribed in Decree No. 25/2018/ND-CP.

2. Data of a reporting period (except reports in the field of printing of publications which must comply with Decree No. 25/2018/ND-CP):

a/ For biannual reports, reporting data shall be taken from January 1 to June 30 of the reporting period;

b/ For annual reports, reporting data shall be taken from January 1 to December 31 of the reporting period.

3. Deadlines for sending reports:

a/ The subjects specified at Point a (except publication printing establishments), and at Point b, Clause 1 of this Article shall send biannual reports no later than July 10 of the reporting year, and annual reports no later than January 10 of the year following the reporting year;

b/ Departments shall send biannual reports no later than July 15 of the reporting year, and annual reports no later than January 15 of the year following the reporting year.

4. Forms of reports and mode of sending reports:

a/ Paper reports must bear seals and signatures of heads of agencies or organizations or signatures of persons obliged to report, while e-reports must be in PDF format and bear digital signatures of heads of agencies or organizations or persons obliged to report with digital certificates provided by lawful providers of digital signature certification services;

b/ Reports may be sent by one or several of the following modes: by post or facsimile, via email, online or direct submission.

In case of sending reports via emails, reports must be document files in Word or Excel format together with PDF files scanned from paper documents for checking, ensuring accuracy of reported information.

Article 3.Receipt of dossiers and settlement of administrative procedures in publication activities

1. For administrative procedures to be carried out by the Ministry of Information and Communications in accordance with the Publication Law, Decree No. 195/2013/ND-CP and this Circular, the Authority of Publication, Printing and Distribution shall receive dossiers and carry out administrative procedures according to its assigned functions, tasks and powers.

2. For administrative procedures to be carried out by provincial-level People’s Committees in accordance with the Publication Law, Decree No. 195/2013/ND-CP and this Circular, Departments shall receive dossiers and carry out administrative procedures according to their assigned functions, tasks and powers.

Article 4.Responsibility to organize training and further training courses to improve legal knowledge and professional skills in the fields of publishing, printing and distribution of publications

1. The Authority of Publication, Printing and Distribution shall assume the prime responsibility for, and coordinate with related agencies and units in, organizing training and further training courses to improve professional skills in the fields of publishing, printing and distribution of publications nationwide.

2. Departments shall assume the prime responsibility for, and coordinate with related agencies and units in, organizing training courses to improve legal knowledge in the fields of publishing, printing and distribution of publications in localities.

Chapter II

PUBLISHING OF PUBLICATIONS

Article 5.Approval signing of finalized manuscripts before printing under Point e, Clause 1, Article 18 of the Publication Law

1. Manuscripts print on ordinary paper, tracing paper or film; e-manuscripts (including contents of publications, information on publications, or book covers, for print books) shall be finalized by responsible editors and editors-in-chief before being submitted to directors or directors general of publishing houses for approval signing for printing.

2. Mode of approval signing of manuscripts by directors or directors general of publishing houses:

a/ For manuscripts of publications being books that are printed on ordinary paper, the director or director general of a publishing house shall sign and append a seal on the front and back covers and on the page indicating the serial number of the publication registration certificate, or sign the manuscript approval document that bears signatures of the editor-in-chief and responsible editor of the publishing house; the manuscript approval document and the manuscript must have a seal appended on adjoining pages;

b/ For manuscripts of publications other than books that are printed on ordinary paper, tracing paper or film and e-manuscripts, the director or director general of a publishing house shall sign the manuscript approval document that bears signatures of the editor-in-chief and responsible editor of the publishing house.

Article 6.Order, procedures and mode of revocation or re-grant of editing practice certificates

1. The order, procedures and mode of revocation of an editing practice certificate provided in Clause 3, Article 20 of the Publication Law are specified as follows:

a/ The Authority of Publication, Printing and Distribution shall make a minutes upon identifying an editor subject to revocation of editing practice certificate under Clause 3, Article 20 of the Publication Law;

b/ Within 5 working days after making a minutes, the Director General of the Authority of Publication, Printing and Distribution shall issue a decision revoking the editing practice certificate;

c/ From the date of issuance of a decision revoking the editing practice certificate, the concerned editor may neither edit manuscripts nor be named in publications and shall return the certificate to the Authority of Publication, Printing and Distribution.

2. The order, procedures and mode of re-grant of an editing practice certificate provided in Clause 4, Article 20 of the Publication Law are specified as follows:

a/ After 2 years from the date of having his/her editing practice certificate revoked, an editor may request the Authority of Publication, Printing and Distribution to re-grant such certificate. A written request for re-grant of an editing practice certificate shall be submitted directly or sent by post to the Authority of Publication, Printing and Distribution;

b/ Within 10 days after receiving a complete dossier, the Authority of Publication, Printing and Distribution shall consider re-granting an editing practice certificate to the concerned editor. If refusing to re-grant such certificate, it shall issue a written reply, clearly stating the reason.

3. The order, procedures and mode of re-grant of an editing practice certificate provided in Clause 2, Article 20 of the Publication Law are specified as follows:

a/ Within 15 days after his/her editing practice certificate is lost or damaged, an editor shall make a dossier of request for re-grant of the certificate. Such dossier shall be made in 1 (one) set and submitted directly or sent by post to the Authority of Publication, Printing and Distribution and must comprise a written request for re-grant of an editing practice certificate, and the original certificate in case it is damaged;

b/ Within 5 working days after receiving a complete dossier, the Authority of Publication, Printing and Distribution shall consider re-granting an editing practice certificate to the concerned editor. If refusing to re-grant such certificate, it shall issue a written reply, clearly stating the reason.

Article 7.Principal contents of a joint publication contract mentioned at Point b, Clause 3, Article 23 of the Publication Law

In addition to information required by regulations on contracts, a joint publication contract between a publishing house and its partner mentioned at Point b, Clause 3, Article 23 of the Publication Law must have all the following information:

1. Names and addresses of the publishing house and its partner.

2. Name(s) of publication(s) and author(s).

3. Form(s) of joint publication as specified in Clause 2, Article 23 of the Publication Law (one or more than one form of joint publication may be applied for one contract). Based on the form of joint publication, responsibilities of each contracting party should be clearly defined for performance of publication stages relevant to such form of joint publication.

4. Responsibilities of the publishing house or its partner to obtain from the authors or copyright owners a written consent to the use of works or documents for publishing or re-printing of publications and to perform obligations and exercise powers in accordance with the law on intellectual property.

5. Responsibility of the partner to abide by decisions of the director general or director of the publishing house regarding distribution suspension, recall or destruction of the violating publications.

6. The contents specified in Clauses 1 thru 5 and other information (if any) must not be contrary to regulations on publishing, printing and distribution of publications, law on intellectual property and other relevant laws.

Article 8.Management of serial numbers of publication registration certificates under Clause 6, Article 10 of Decree No. 195/2013/ND-CP

1. A serial number of a publication registration certificate shall be granted for every publication and stated in such certificate. Publishing houses shall accurately write serial numbers of publication registration certificates on published publications according to instructions in such certificates.

2. No later than March 31 of the year following the year of publication registration certification, a publishing house shall report to the Authority of Publication, Printing and Distribution on a list of names of publications granted serial numbers of publication registration certificates but not yet published.

Article 9.Mode of publication registration via the Internet under Clause 6, Article 10 of Decree No. 195/2013/ND-CP

In addition to direct submission or sending by post of publication registration dossiers to the Authority of Publication, Printing and Distribution, the mode of publication registration via the Internet is specified as follows:

1. A publishing house must have a digital certificate granted by a digital signature certification service provider for carrying out publication registration via the Internet.

2. A publishing house shall declare information on publication registration according to instructions on provision of online public services on the portal of the Authority of Publication, Printing and Distribution.

Article 10.Dossiers and procedures for grant of publication permits for non-commercial documents under Article 12 of Decree No. 195/2013/ND-CP

1. Dossiers of application for publication permits for non-commercial documents shall be submitted directly or sent by post to the Authority of Publication, Printing and Distribution or Departments.

In case of submission of dossiers via the Internet: For a dossier submitted via the online public service portal, a digital certificate of the head of the applying agency or organization is required for certification in the dossier; dossiers submitted via email must be those scanned from paper documents with a format not permitting alteration and bearing signatures and seals like paper documents; and applicants shall follow instructions on provision of online public services on the portal of the Authority of Publication, Printing and Distribution or portals of Departments.

2. An institutional applicant for a publication permit for non-commercial documents shall make 1 (one) dossier comprising:

a/ An application for a permit;

b/ Two manuscripts of paper documents bearing the institutional applicant’s seal on the first page and adjoining pages, or 1 (one) manuscript stored in an electronic storage device with a format not permitting alteration. For non-commercial documents to be published in electronic form, the applicant shall submit 1 (one) e-manuscript bearing a digital signature of the head of the institutional applicant;

Documents in foreign languages or languages of Vietnamese ethnic minority groups shall be accompanied by their Vietnamese translations bearing seals of institutional applicants for publication permits.

Article 11.Instructions on filling of information in publications

In addition to the provisions of Article 27 of the Publication Law, the filling of information in publications is specified as follows:

1. For publications being print books:

a/ On the front cover of a book, it is not allowed to print the name of the author, translator, transcriber or compiler (for books with full texts of documents of the Party; legal documents; and scriptures and canons of religions lawfully operating in Vietnam);

b/ Pages of the book shall be ordinally numbered;

c/ The use of images of the national emblem or national flag on the book must comply with relevant regulations;

d/ The phrase “Book specialized in advertising” shall be printed on the back cover of a book, for books specialized in advertising;

dd/ The phrase or word “TUYET MAT” (strictly confidential), “TOI MAT” (top secret) or “MAT” (confidential) shall be printed on the page containing the name of a book, for books having contents classified as state secrets under the law on protection of state secrets, and a depositing declaration is only required to be submitted under Point d, Clause 1, Article 28 of the Publication Law.

2. For e-publications:

a/ All information specified in Clause 5, Article 27 of the Publication Law shall be filled in the header of a publication, except information on the book size, full name of the proofreader, number of printed copies, and name and address of the printing establishment;

b/ The position for printing the serial number of the publication registration certificate is the top interface or header of an e-publication on the Internet or in the software of the terminal equipment.

3. For publications other than books:

a/ For pictures, photos, maps, posters, leaflets and brochures: Serial number of the publication registration certificate or serial number of the publication permit for non-commercial documents shall be printed in the right bottom corner of the first or last page;

b/ For bloc calendars and sheet calendars:

Calendar day names, days, weeks, months and years shall be printed strictly according to calendar tables issued by competent agencies;

In addition to information on calendar day names, days, weeks, months and years, depending on the size, characteristics and use purpose of calendars, the director or director general of a publishing house may decide to select remaining information in the calendar table and other information to be printed on calendars which, however, must be accurate and conformable to fine customs and practices of Vietnam, which must have notes stating sources of information and data but must not provide recommendative or suggestive information without scientific grounds;

Information on calendars shall be printed in Vietnamese. If wishing to print the same contents concurrently in Vietnamese language, a language of a Vietnamese ethnic minority group and a foreign language, the font size of letters in such Vietnamese ethnic minority language and foreign language must not be larger than three quarters of the font size of Vietnamese letters;

National holidays and Sundays must be printed in red ink; major anniversaries of the country must be printed in red ink or presented and designed in a fashion different from that of weekdays;

The name of the publishing house, serial number of the publication registration certificate, serial number of the publication decision, number of printed copies, calendar size, name and address of the printing establishment, and name and address of the joint publication partner (if any) shall be printed on covers of bloc calendars or in the right bottom corner of the calendar sheet displaying December of sheet calendars;

c/ For notebook calendars, desk calendars and other printed calendars: It is required to print the name of the publishing house; serial number of the publication registration certificate; serial number of the publication decision, number of printed copies; name and head office address of the printing establishment; and name and address of the joint publication partner (if any); the director or director general of the publishing house may decide on positions for printing of the above information;

d/ For audio or visual recordings that can substitute or illustrate books (including CD, CD-ROM, cassette tapes, video tapes, and other data storage devices): Serial number of the publication registration certificate and serial number of the publication permit for non-commercial documents shall be printed on the label stuck on the surface of CD or CD-ROM and outer side of the disk cases, or printed on the label stuck on the outer side of cases of cassette tapes, video tapes, and other data storage devices.

4. International standard book numbers (ISBN) printed on publications must comply with the Minister of Information and Communications’ Circular No. 05/2016/TT-BTTTT of March 1, 2016, on the management and use of international standard book numbers. In case Circular No. 05/2016/TT-BTTTT is amended, supplemented or replaced, the amending, supplementing or replacing document shall prevail.

Article 12.Procedures for depositing of publications and submission of publications to the National Library of Vietnam under Articles 28 and 48 of the Publication Law and Article 21 of Decree No. 195/2013/ND-CP

In addition to the provisions of Articles 28 and 48 of the Publication Law and Article 21 of Decree No. 195/2013/ND-CP, procedures for depositing of publications and submission of publications to the National Library of Vietnam are specified as follows:

1. For printed publications:

a/ Publications shall be sent by post or submitted directly to the Authority of Publication, Printing and Distribution or Departments and the National Library of Vietnam;

b/ When being deposited or submitted to the National Library of Vietnam, each publication shall be accompanied with 2 (two) depositing declarations;

c/ For publications of publishing houses: On the page displaying the serial number of the publication registration certificate and serial number of the publication decision, there must be the seal of the publishing house or its branch and the signature of the publishing house’s leader or a person authorized in writing by such leader;

d/ For non-commercial documents for which publication permits are granted by the Authority of Publication, Printing and Distribution or Departments: On the page displaying the serial number of the publication permit, there must be the seal and signature of the leader of the agency or organization possessing such permit or a person authorized in writing by such leader.

2. For e-publications:

In addition to the provisions of Clause 1, Article 21 of Decree No. 195/2013/ND-CP, a publishing house, or an agency or organization possessing a publication permit for non-commercial documents must satisfy the following requirements:

a/ Having a digital certificate granted by a digital signature certification service provider for depositing of publications via the Internet, ensuring the integrity of publications deposited and publications submitted to the National Library of Vietnam;

b/ Following instructions on methods of submission of e-publications on the portal of the Authority of Publication, Printing and Distribution or Departments and the National Library of Vietnam, for e-publications to be submitted via the Internet;

c/ Sending publications by post or submitting them directly to the Authority of Publication, Printing and Distribution or Departments and the National Library of Vietnam, for e-publications contained in data storage devices.

3. The time of depositing publications or submitting publications to the National Library of Vietnam shall be stated in the depositing declaration’s section for signatures given by the depositing agency and National Library of Vietnam.

4. Storage and use of deposited publications:

The Authority of Publication, Printing and Distribution or Departments shall arrange rooms for storing deposited publications for 24 months for use to serve the state management.

Upon the expiration of the storage period, the Authority of Publication, Printing and Distribution or Departments may transfer deposited publications to other agencies or organizations for readers’ service. The transfer of publications shall be recorded in a minutes enclosed with a list of publications.

Chapter III

PRINTING OF PUBLICATIONS

Article 13.Procedures for re-grant of publication printing permits prescribed in Clause 1, Article 32 of the Publication Law

1. If its publication printing permit is lost or damaged, a printing establishment shall make a dossier of request for re-grant of the permit.

2. A dossier of request for re-grant of a publication printing permit shall be submitted directly or sent by post to the Authority of Publication, Printing and Distribution or a Department.

If submitting the dossier via the Internet, the printing establishment must have a digital certificate granted by a digital signature certification service provider and follow instructions on provision of online public services on the portal of the Authority of Publication, Printing and Distribution or Department.

3. A dossier shall be made in 1 (one) set, comprising:

a/ A written request for re-grant of a permit;

b/ The original permit in case it is damaged, or a copy of the permit (if any) in case it is lost.

4. Within 7 working days after receiving a complete dossier, the Authority of Publication, Printing and Distribution or Department shall re-grant a permit. If refusing to re-grant such permit, it shall issue a written reply, clearly stating the reason.

Article 14.Procedures for renewal of publication printing permits prescribed in Clause 6, Article 32 of the Publication Law

1. Within 15 days after the occurrence of any change specified in Clause 6, Article 32 of the Publication Law, a printing establishment shall make a dossier of request for renewal of its publication printing permit.

2. A dossier of request for renewal of a publication printing permit shall be submitted directly or sent by post to the Authority of Publication, Printing and Distribution or a Department.

If submitting the dossier via the Internet, the printing establishment must have a digital certificate granted by a digital signature certification service provider and follow instructions on provision of online public services on the portal of the Authority of Publication, Printing and Distribution or a Department.

3. A dossier shall be made in 1 (one) set, comprising:

a/ A written request for renewal of a publication printing permit;

b/ The original permit.

4. Within 5 working days after receiving a complete dossier, the Authority of Publication, Printing and Distribution or a Department shall renew a publication printing permit. If refusing to renew such permit, it shall issue a written reply, clearly stating the reason.

Article 15.Procedures for revocation of publication printing permits in the cases specified in Clause 8, Article 32 of the Publication Law and Clause 3, Article 13 of Decree No. 195/2013/ND-CP

1. Procedures for revocation of publication printing permits in the cases specified at Points a and b, Clause 8, Article 32 of the Publication Law and Point a, Clause 3, Article 13 of Decree No. 195/2013/ND-CP are specified as follows:

a/ The revocation of publication printing permits shall be carried out through specialized information and communications examination and inspection activities;

b/ A competent agency or person shall carry out examination and inspection at the concerned printing establishment and make a minutes. Within 5 working days after making the minutes, such agency or person shall send a report to the agency that has granted the publication printing permit;

c/ Within 5 working days after receiving a request from the competent agency or person specified at Point b of this Clause, the Authority of Publication, Printing and Distribution or a Department shall request in writing the printing establishment to address the reason for the permit revocation within 30 days;

d/ Past the 30-day time limit, if the printing establishment fails to address the reason for revocation of its publication printing permit, the Director General of the Authority of Publication, Printing and Distribution or Director of a Department shall issue a decision revoking the publication printing permit and request the printing establishment to return the permit.

2. Procedures for revocation of publication printing permits in the cases specified at Points b, Clause 3, Article 13 of Decree No. 195/2013/ND-CP are specified as follows:

After 6 months from the date of being granted a publication printing permit, if the concerned printing establishment fails to furnish sufficient equipment and send a copy of the document on purchase or hire-purchase of equipment prescribed at Point c, Clause 2, Article 13 of Decree No. 195/2013/ND-CP, the Director General of the Authority of Publication, Printing and Distribution or Director of a Department shall issue a decision revoking the publication printing permit and request the printing establishment to return the permit.

Article 16.Storage and management of dossiers of publication printing under Clause 1, Article 35 of the Publication Law

The head of a publication printing establishment shall store and manage dossiers of publication printing for 24 months from the date of signing printing contracts. Dossiers to be stored include:

1. For publications of publishing houses:

a/ Original publication decisions of directors or directors general of publishing houses;

b/ Original contracts on making of layouts, printing and post-press processing of publications between printing establishments and publishing houses;

c/ Originals of manuscript approval documents, if any, and manuscripts printed on ordinary paper, tracing paper or film or e-manuscripts that satisfy the conditions specified in Article 5 of this Circular.

2. For non-commercial documents for which publication permits are granted:

a/ Original publication permits for non-commercial documents;

b/ Original contracts on making of layouts, printing and post-press processing of publications between printing establishments and agencies or organizations possessing publication permits for non-commercial documents;

c/ Manuscripts printed on ordinary paper bearing seals of agencies granting publication permits for non-commercial documents.

3. For publications printed for foreign partners:

a/ Original permits for printing of publications for foreign partners;

b/ Manuscripts bearing seals of agencies granting permits for printing of publications for foreign partners.

4. In case of cooperation in making of layouts, printing and post-press processing of publications in accordance with law, printing establishments shall, in addition to copies of dossiers of publication printing in the cases specified in Clauses 1, 2 and 3 of this Article, store:

a/ Original approvals by owners of publications or non-commercial documents for printing establishments to enter into cooperation in accordance with law;

b/ Original contracts on cooperation in making of layouts, printing and post-press processing of publications.

5. Books for monitoring of publications received for making of layouts, printing and post-press processing filled with adequate information as required (which shall be made according to the form issued together with Decree No. 25/2018/ND-CP and contain information on publications received for printing and information on products other than publications).

Chapter IV

DISTRIBUTION OF PUBLICATIONS

Article 17.Order and proceduresfor registration of the distribution of publications prescribed in Article 37 of the Publication Law

1. Fifteen days before commencing its operation, a publication distribution establishment being an enterprise or a public non-business unit (below referred to as distribution establishment) shall register publication distribution operation according to Point a or b, Clause 1, Article 37 of the Publication Law.

2. Dossiers of registration for publication distribution operation may be submitted directly or sent by post to the Authority of Publication, Printing and Distribution or Departments.

In case of sending a dossier via the Internet, a distribution establishment must have a digital certificate granted by a digital signature certification service provider and follow instructions on provision of online public services on the portal of the Authority of Publication, Printing and Distribution or the concerned Department.

3. A dossier shall be made in 1 (one) set, comprising:

a/ A written registration for publication distribution operation;

b/ A copy (together with the original for checking) or a certified copy of the paper proving the requester’s ownership of the working office or a contract on rent or borrowing of the working office for use as a business location;

c/ A copy (together with the original for checking) or a certified copy of the household registration book of the head of the distribution establishment or of the paper proving that he/she is permitted to permanently reside in Vietnam, issued by a competent Vietnamese agency;

d/ A copy (together with the original for checking) or a certified copy of the diploma or certificate of further training in publication distribution granted by a publication distribution training institution to the head of the distribution establishment.

4. Within 7 working days after receiving a complete dossier, the Authority of Publication, Printing and Distribution or a Department shall certify the registration of publication distribution operation in writing; in case of refusal to certify the registration, it shall issue a written reply clearly stating the reason.

A certificate on registration of publication distribution operation becomes invalidated in case the distribution establishment is merged, split or dissolved or goes bankrupt.

Article 18.Order andprocedures for notification and re-registration of the publication distribution of distribution establishments

1. Within 10 days after one of the following changes occurs, a distribution establishment shall send a notice of the change, together with supporting papers, to the Authority of Publication, Printing and Distribution or a Department:

a/ Change of type of its organization;

b/ Change of its head;

c/ Change of location of its head office, branch or business location within the same province or centrally run city.

2. Within 10 days after one of the following changes occurs, a distribution establishment shall carry out procedures for re-registration of publication distribution operation according to the order and procedures prescribed in Article 18 of the Circular:

a/ Relocation of its head office or branch to another province or centrally run city;

b/ Establishment or dissolution of its branch within the province or centrally run city where its head office is located;

c/ Establishment or dissolution of its branch in a province or centrally run city where its head office is not located.

Article 19.Dossiers andmode of registration for import of publications for commercial purposes prescribed in Article 39 of the Publication Law

1. A dossier of registration for import of publications for commercial purposes must comprise:

a/ A written registration for import of publications;

b/ Three lists of publications registered for import.

2. Dossiers of registration for import of publications for commercial purposes may be submitted directly or sent by post or online as instructed on the Vietnam National Single Window portal to the Authority of Publication, Printing and Distribution.

3. In case of a change of information in the certified list of publications registered for import, a publication importer shall send a report on such change to and concurrently register new information (if any) with the Authority of Publication, Printing and Distribution for certification of additional registration.

Article 20.Appraisal of imported non-commercial publications with signs of violation of law prescribed in Clauses 5 and 6, Article 41 of the Publication Law

1. In case an agency, organization or individual fails to provide 1 (one) copy of the publication for content appraisal as a basis for decision to grant an import permit, the Authority of Publication, Printing and Distribution or a Department shall grant an import permit for the publication and request the importer to submit such copy of the publication for content appraisal.

In case of necessity, the Authority of Publication, Printing and Distribution or Departments shall grant additional import permits with the required number of publications for content appraisal.

2. Within 15 days after receiving an imported publication for content appraisal, the Authority of Publication, Printing and Distribution or a Department shall form an appraisal council. The composition and number of members of the appraisal council and invitation of experts to join the appraisal council shall be decided by the Director General of the Authority of Publication, Printing and Distribution or Directors of Departments.

3. The time limit for appraising a publication is 10 days from the date of formation of an appraisal council. Appraisal results shall be made in writing, clearly stating whether the publications’ contents violate the Publication Law and relevant laws.

4. Within 5 working days after receiving results of content appraisal of an imported publication, the Authority of Publication, Printing and Distribution or a Department shall consider them in order to grant an import permit; in case of refusal to grant the permit, the Authority of Publication, Printing and Distribution or the concerned Department shall issue a written reply, clearly stating the reason, requesting the concerned organization or individual to re-export or destroy the publication for which an import permit is granted under Clause 1 of this Article.

Chapter V

VIETNAM-BASED REPRESENTATIVE OFFICES OF FOREIGN PUBLISHING HOUSES AND FOREIGN PUBLICATION DISTRIBUTION ORGANIZATIONS

Article 21.Modification and supplementation of information in a representative office establishment license in case of change

1. Within 5 working days after relocating its office, a representative office shall send a written report on such relocation to the licensing agency.

2. Within 5 working days after having a change in its head, name or content of operation, a representative office shall carry out procedures for requesting modification and supplementation of information in the representative office establishment license.

A dossier of request for modification and supplementation of information in the representative office establishment license shall be made into 1 (one) set in Vietnamese (dossiers with foreign-language documents shall be accompanied by their notarized Vietnamese translations), and submitted directly or sent by post to the Authority of Publication, Printing and Distribution. Such dossier must comprise:

a/ A request for modification or supplementation of information in the representative office establishment license;

b/ The original of the representative office establishment license;

c/ Certified copies or copies together with the originals for checking of the following papers: diploma of university or higher degree, criminal record certificate, and household registration book of the head of the representative office or paper proving that he/she is permitted to  permanently reside in Vietnam, issued by a competent Vietnamese agency.

3. Within 7 working days after receiving a complete dossier, the Ministry of Information and Communications shall certify the change in the representative office establishment license; in case of refusal to certify the change, it shall issue a reply clearly stating the reason.

Article 22.Responsibilities of representative offices

1. To operate in accordance with contents stated in representative office establishment licenses granted by the Ministry of Information and Communications.

2. Not to act as representatives of foreign publishing houses or other foreign publication distribution institutions.

3. Not to establish or contribute capital to establish enterprises or perform jobs directly generating profits in Vietnam.

4. To terminate operation when their foreign publishing houses or foreign publication distribution institutions terminate their operation, are dissolved or go bankrupt in foreign countries.

5. To publicly post information about termination of their operation at the representative offices and, at the same time, send a notice of operation termination to the Ministry of Information and Communications or Departments and related agencies, organizations and individuals at least 15 days before the date of operation termination.

6. To comply with the Publication Law, Decree No. 195/2013/ND-CP, this Circular and other regulations of Vietnam’s law on representative offices.

Chapter VI

PUBLISHING AND DISTRIBUTION OF E-PUBLICATIONS

Article 23.Technical solutions to control the digital copyright in the publishing and distribution of e-publications prescribed at Point dd, Clause 3, Article 17 of Decree No. 195/2013/ND-CP

Publishing houses and organizations and individuals distributing e-publications must meet conditions on technical solutions to control the digital copyright in the publishing and distribution of e-publications prescribed in Point d, Clause 3, Article 17 of Decree No. 195/2013/ND-CP, specifically as follows:

1. Having technical equipment and software to prevent illegal interference, change and copying of part or the whole of e-publication contents.

2. Having technical measures to authenticate the lawfulness of users when accessing and using e-publications while ensuring the privacy, safety and protection of personal information.

3. Having a clause to notify users of their responsibility to comply with the publication law and law on intellectual property before they access and use e-publications.

Article 24.Responsibility to appraise e-publication publishing or distribution schemes and certify registration of the publishing and distribution of e-publications prescribed in Article 18 of Decree No. 195/2013/ND-CP

1. Within 15 days after receiving an e-publication publishing or distribution scheme from a publishing house or an organization or individual as prescribed at Point a, Clause 1, Article 18 of Decree No. 195/2013/ND-CP, the Authority of Publication, Printing and Distribution shall consider the conformity with and satisfaction of the conditions prescribed in Article 17 of Decree No. 195/2013/ND-CP as presented in the scheme, and give its written appraisal opinions. In case the scheme is made in a wrong format or lacks required information, it shall be returned to the publishing house or organization or individual for supplementation and completion.

2. Within 15 days after receiving a dossier for registration of the publishing and distribution of e-publications, the Authority of Publication, Printing and Distribution shall check the satisfaction of conditions in the scheme based on appraisal opinions and issue a written certification of registration of the publishing and distribution of e-publications to the publishing house, organization or individual; in case of refusal to certify the registration, it shall issue a reply clearly stating the reason.

Article 25.Digital format for e-publications prescribed at Point c, Clause 2, Article 19 of Decree No. 195/2013/ND-CP

1. The digital format of an e-publication must meet the following requirements:

a/ Being conformable with common electronic devices and complying with current standards and technical regulations;

b/ Enabling the setting-up of the possibility of preventing illegal interference, change and copying of part or the whole of e-publication contents.

2. Publishing houses, organizations and individuals distributing e-publications shall provide detailed information and digital format structure for state management agencies in charge of publication activities upon request.

Article 26.Digital format of e-publications deposited in the form of records in data storage devices or deposited via the Internet

The digital format of e-publications deposited in the form of records in data storage devices or deposited via the Internet prescribed in Clause 1, Article 21 of Decree No. 195/2013/ND-CP is specified as follows:

1. The file format of e-publications presented in the form of print books and calendars of all types is “PDF”; of e-publications presented in the form of pictures, photos, maps, posters and leaflets is “JPEG”; of e-publications presented in the form of phonograms with contents substituting or illustrating books is “MP3”; or of e-publications presented in the form of video records with contents substituting or illustrating books is “MP4”;

2. The conversion of other formats of e-publications into the formats prescribed in Clause 1 of this Article may not change the contents of e-publications.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 27.Promulgation of forms

To promulgate together with this Circular 1 appendix with 53 forms for unified application in publication activities.

Article 28.Effect

1. This Circular takes effect on April 1, 2020.

2. From the effective date of this Circular, the following legal documents cease to be effective:

a/ The Minister of Information and Communications’ Circular No. 23/2014/TT-BTTTT of December 29, 2014, detailing and guiding the implementation of a number of articles of the Publication Law and the Government’s Decree No. 195/2013/ND-CP of November 21, 2013, detailing a number of articles of, and measures to implement, the Publication Law;

b/ The Minister of Information and Communications’ Circular No. 42/2017/TT-BTTTT of December 29, 2017, amending and supplementing a number of articles of the Minister of Information and Communications’ Circular No. 23/2014/TT-BTTTT of December 29, 2014, detailing and guiding the implementation of a number of articles of the Publication Law and the Government’s Decree No. 195/2013/ND-CP of November 21, 2013, detailing a number of articles of, and measures to implement, the Publication Law.

3. Any problems arising in the course of implementation of this Circular should be reported in writing to the Ministry of Information and Communications (via the Authority of Publication, Printing and Distribution) for consideration and settlement.-

Minister of Information and Communications
NGUYEN MANH HUNG

* The appendix to this Circular is not translated.