Circular No. 04/2014/TT-BTTTT dated March 19, 2014 of the Ministry of Information and Communications detailing and guiding a number of Articles of Decree No. 88/2012/ND-CP dated October 23, 2012 of the Government regulation on activities of information and press of foreign press, foreign representative agency and organizations in Vietnam

THE MINISTRY OF INFORMATION AND COMMUNICATIONS

Circular No. 04/2014/TT-BTTTT datedMarch 19, 2014 of the Ministry of Information and Communications detailing and guiding a number of Articles of  Decree No. 88/2012/ND-CP dated October 23, 2012 of the Government regulation on activities of information and press of foreign press, foreign representative agency and organizations in Vietnam

Pursuant to the Government s Decree No. 88/2012/ND-CP dated October 23, 2012 on press activities of foreign press agencies, foreign representative bodies, and foreign organizations in Vietnam (hereinafter referred to as the Decree No. 88/2012/ND-CP);

Pursuant to the Government s Decree No. 132/2013/ND-CP dated October 16, 2013 defining the functions, tasks, entitlements and organizational structure of the Ministry of Information and Communications;

At the request of the Director of Diplomatic Intelligence Administration,

The Minister of Information and Communications promulgates a Circular detailing and guiding a number of Articles of  Decree No. 88/2012/ND-CP dated October 23, 2012 of the Government regulation on activities of information and press of foreign press, foreign representative agency and organizations in Vietnam.

Article 1. Scope of regulation and subjects of application

1. This Circular provides for the documentation, procedures, and forms related to press activities of foreign representative bodies and foreign organizations in Vietnam (hereinafter referred to as foreign organizations)

2. This Circular is applied to the units and organizations affiliated to the Ministry of Information and Communications, the People’s Committees of provinces, and foreign organizations in Vietnam.

Article 2. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Foreign representative bodies are diplomatic missions, consular offices, representative bodies of intergovernmental organizations, and other foreign bodies authorized to perform consular tasks in Vietnam.  

2. Foreign organizations are representative bodies of non-governmental organizations, foreign economic organizations, foreign cultural organizations, foreign scientific organizations, foreign advisory organizations, foreign companies and foreign facilities.

Article 3. News publication and press releases

1. Any foreign organization in Vietnam that wishes to publish news shall file an application (form 01/BTTTT enclosed herewith) to Press Administration - Ministry of Information and Communications (directly or by post). If the applicant is a foreign representative body, a copy of the application shall also be sent to the Ministry of Foreign Affairs as a notification.

2. Any foreign organization in Vietnam that wishes to publish a press release without holding a press conference shall file an application (form 01/BTTTT enclosed herewith) to the People’s Committee of the province where their office is situated, enclosed with the draft of the press release. If a press conference is held when publishing a press release, the application shall be sent to the authority in charge of considering requests for press conferences.

3. The publication of news and press releases must comply with the Decision No. 28/2002/QD-BVHTT dated November 21, 2002 on promulgation of the Regulation on publication of news, documents, and fliers; publication of press releases, publication of digital news of foreign organizations and foreign entities in Vietnam, amended in the Circular No. 21/2011/TT-BTTTT dated July 13, 2011; the Decision No. 20/2007/QD-BVHTT dated July 09, 2007, and this Circular.

4. A license for news publication is effective for 01 year from the day on which it is signed. If the foreign organization that obtains the license for news publication fails to publish news within 60 days from its effective date, the license shall be invalidated.

5. Any foreign organization that wishes to change the license shall send an application to the Press Administration - Ministry of Information and Communications  The application must specify the purposes and the changes. After 15 working days, the authority that receives the application shall make a written response specifying the approval for or disapproval of the changes.

Article 4. Re-issuance of license for news publication

1. 90 days before the license for news publication, if the foreign organization in Vietnam wishes to keep publishing news, an application for re-issuance of the license shall be submitted to Press Administration. The application consists of:

a) A written request made by the foreign organizations in Vietnam;

b) A photocopy of the license for news publications and the documents about the changes to the license issued by Press Administration.

2. Within 20 working days from the day on which the valid application is received, Press Administration shall reissue the License. If the application is rejected, Press Administration shall make a written response providing the explanation.

Article 5. Request/announcement for press conference

1. Any foreign organization in Vietnam that wishes to hold a press conference in Hanoi shall file an application (form 02/BTTTT enclosed herewith) to Press Administration - Ministry of Information and Communications (directly or by post); if the press conference is held in another province, the application shall be sent to the People’s Committee of that province (directly or by post) at least 02 working days before the press conference takes place. After 02 days from the receipt of the application, it is considered that the press conference is approved if no dissenting opinions are given by competent authorities. If the press conference is held in Hanoi by a foreign representative body, a copy of the application shall also be sent to the Ministry of Foreign Affairs as a notification.

2. When an international delegation that visits Vietnam at the invitation of the government of the Ministry of Foreign Affairs wishes to hold a press conference, the agency in charge of receiving the delegation shall send a written notification to Press Administration at least 01 working day before the press conference take place.

3. When an international delegation that visits Vietnam at the invitation of another Ministry, agency, or local government wishes to hold a press conference, the agency in charge of receiving the delegation shall send a application (form 02/BTTTT) to Press Administration (if the press conference takes place in Hanoi) or the People’s Committee of the province (if the press conference takes place in another province) at least 02 working days before the press conference take place. After 02 days from the receipt of the application, it is considered that the press conference is approved if no dissenting opinions are given by competent authorities.

Article 6. Publication of documents, fliers, maps, calendars, pictures and photos

1. Any foreign organization in Vietnam that wishes to publish documents, fliers, maps, calendars, pictures or photos shall file an application (form 03/BTTTT enclosed herewith) to Publishing and Printing Administration - Ministry of Information and Communications (directly or by post). If the applicant is a foreign representative body, a copy of the application shall also be sent to the Ministry of Foreign Affairs as a notification.

2. The publishing, order, procedure, documentation, and forms for publishing documents, fliers, maps, calendars, pictures and photos of foreign organizations in Vietnam must comply with publishing laws.

Article 7. Publications of audio tapes, audio discs, video tapes, video discs and others

1. Any foreign organization in Vietnam that wishes to publish audio tapes, audio discs, video tapes, and video discs as substitutes for books or to illustrate books shall file an application (form 04/BTTTT enclosed herewith) to Publishing and Printing Administration - Ministry of Information and Communications (directly or by post) and must comply with publishing laws. A copy of the application shall be sent to Diplomatic Intelligence Administration as notification. If the applicant is a foreign representative body, a copy of the application shall also be sent to the Ministry of Foreign Affairs as a notification.

2. Any foreign organization in Vietnam that wishes to publish audio tapes, audio discs, video tapes, video discs or other publications (except for the cases mentioned in Clause 1 of this Article) shall file an application to Diplomatic Intelligence Administration - Ministry of Information and Communications (directly or by post). A copy of the application shall be sent to Publishing and Printing Administration as notification. If the applicant is a foreign representative body, a copy of the application shall also be sent to the Ministry of Foreign Affairs as a notification.

3. Documentation and procedure for requesting a license for publishing:

a) The application for a license to publish audio tapes, audio discs, video tapes, video discs that substitute books or illustrate books must comply with publishing laws.

b) The application for a license to publish publications other than those in Clause 1 of this Article must comply with publishing laws and relevant laws.

Article 8. Running news, articles, and speeches on means of Vietnam mass media

1. Any foreign organization in Vietnam that wishes to run a piece of news, an article, or a speech in a printed newspaper of a central agency shall send an application (form 05/BTTTT enclosed herewith), the draft of the news, the article, or the speech to Press Administration - Ministry of Information and Communications (directly or by post).

Any foreign organization in Vietnam that wishes to run a piece of news, an article, or a speech in an electronic newspaper, on a television or a radio channel of a central agency shall send an application (form 05/BTTTT enclosed herewith), the draft of the news, the article, or the speech to Radio, Television, and Electronic Information Administration - Ministry of Information and Communications.

If the applicant is a foreign representative body, a copy of the application shall also be sent to the Ministry of Foreign Affairs as a notification.

2. Any foreign organization in Vietnam that wishes to run a piece of news, an article, or a speech in on local means of mass media shall send an application (form 05/BTTTT enclosed herewith), the draft of the news, the article, or the speech to the People’s Committee of the province.

3. If no response is given by the authority that receives the application within 07 working days from the day on which the valid application is received, the foreign organization in Vietnam is entitled to run the piece of news, an article, or a speech in on means of mass media of Vietnam.

Article 9. Displaying pictures, photos, and other forms of information on the outside foreign representative bodies and foreign organizations

1. Any foreign organization in Vietnam that wishes to display pictures, photos, or other forms of information on the outside of their office shall send an application (form 06/BTTTT enclose herewith) and pictures, photos, or information to Diplomatic Intelligence Administration - Ministry of Information and Communications (if the office is situated in Hanoi) or the People’s Committee of the province (if the office is situated in another province). If the applicant is a foreign representative body, a copy of the application shall also be sent to the Ministry of Foreign Affairs as a notification.

2. Within 10 working days, the authority that receives the application shall notify their approval or disapproval to the applicant in writing.

3. When a change to the displayed item must be made, the foreign organization shall send a written request to Diplomatic Intelligence Administration (if the office is situated in Hanoi) or the People’s Committee of the province (if the office is situated in another province). The written request must specify the purposes, the changes, the new size or new location. Within 10 working days, the authority that receives the application shall make a written response specifying the approval for or disapproval of the change.

Article 10. Implementation effect

1. This Circular takes effect on May 05, 2014.

2. The forms enclosed with the Decision No. 28/2002/QD-BVHTT dated November 21, 2002 on promulgation of the Regulation on publication of news, documents and fliers, publication of press releases, publication of digital news of foreign organizations and foreign entities in Vietnam, and the forms enclosed with the Circular No. 21/2011/TT-BTTTT dated July 13, 2011 on amendments to the Decision No. 28/2002/QD-BVHTT are annulled.

Article 11. Implementation organization

1. The Director of Press Administration, the Director of Radio, Television and Electronic Information Administration, the Director of Publishing and Printing Administration, the Director of Diplomatic Intelligence Administration, heads of relevant units affiliated to the Ministry of Information and Communications, relevant organizations and individuals are responsible for the implementation of this Circular.

2. Services of Information and Communications are responsible for advising the People’s Committees of provinces performing their duties prescribed in this Circular.

3. Diplomatic Intelligence Administration shall take charge and cooperate with the units affiliated to the Ministry of Information and Communications in periodically inspecting the implementation of this Circular and report the results to the Minister.

4. Vietnamese and foreign entities are recommended to report the difficulties that arise during the implementation of this Circular to the Ministry of Information and Communications for consideration./.

The Minister of  Information and Communications

Nguyen Bac Son

FORM 01/BTTTT

APPLICATION FOR PUBLICATION OF NEWS/PRESS RELEASE

To:................................................

1. Name of applicant:

Address:

Phone number:                                                         Fax:

Website:                                                           Email:

We are lawfully operating in Vietnam under:

The Establishment License/Decision No. ....................... dated ...........................

Issuer:

Business registration number (if any):

2. Legal representative, who is also in charge of the publication of the news/press release

Full name:

Nationality:

Position:

ID/Passport number:

Issuer:

Mailing address:

3. Name (subject) of the news/press release:

4. Publisher:

Address:

Phone number:                                                         Fax:

5. Purposes:

6. Contents:

7. Target audience:  

8. Publishing scope:

9. Format of publication:

- Issue number:

- Size:

- Number of pages:

- Quantity:

- Language:

10. Printing location:

11. Method of publication (by post or self-publication):

We hereby declare that we fully comply with current Vietnam’s laws.

FORM 02/BTTTT

APPLICATION FOR/ANNOUNCEMENT OF PRESS CONFERENCE

To: ................................................

1. Name of applicant:

Address:

Phone number:                                                         Fax:

Website:                                                           Email:

We are lawfully operating in Vietnam under:

The Establishment License/Decision No. ....................... dated ...........................

Issuer:

Business registration number (if any):

2. Legal representative, who is also in charge of the press conference:

Full name:

Nationality:

Position:

ID/Passport number:

Issuer:

Mailing address:

3. Name of the agency in charge of reception of the international delegation:

4. Contents:

5. Purposes:

6. Time:

7. Location:

8. Participants:

9. Name and president of the press conference:

10. Secondary activities (display of documents/items, dispensing of documents/gifts, etc.):

We hereby declare that we fully comply with current Vietnam’s laws.

FORM 03/BTTTT

APPLICATION FOR PUBLICATION OF DOCUMENTS, FLIERS, MAPS, CALENDARS, PICTURES OR PHOTOS

To: ................................................

1. Name of applicant:

Address:

Phone number:                                                         Fax:

Website:                                                           Email:

We are lawfully operating in Vietnam under:

The Establishment License/Decision No. ....................... dated ...........................

Issuer:

Business registration number (if any):

2. Legal representative, who is also in charge of the publication of documents, fliers, maps, calendars, pictures or photos:

Full name:

Nationality:

Position:

ID/Passport number:

Issuer:

3. Names/subjects of the documents, fliers, maps, calendars, pictures and photos

4. Purposes:

5. Contents:

6. Target audience:  

7. Publishing scope:

8. Format:

- Issue number:

- Size:

- Number of pages:

- Quantity:

- Language:

9. Printing location:

10. Method of publication:

We hereby declare that we fully comply with current Vietnam’s laws.

FORM 04/BTTTT

APPLICATION FOR PUBLICATION OF AUDIO TAPES, AUDIO DISCS, VIDEO TAPES, VIDEO DISCS AND OTHER PUBLICATIONS

To: ................................................

1. Name of applicant:

Address:

Phone number:                                                         Fax:

Website:                                                           Email:

We are lawfully operating in Vietnam under:

The Establishment License/Decision No. ....................... dated ...........................

Issuer:

Business registration number (if any):

Availability of a license to publish audio tapes, audio discs, video tapes, video discs, and other publications issued by the regulatory body?

2. Legal representative, who is also in charge of the publication of the audio tapes, audio discs, video tapes, video discs, and other publications

Full name:

Nationality:

Position:

ID/Passport number:

Issuer:

3. Name of the program:

4. Names of works and the author (the works must be numbered):

5. Address of the author when the application is filed:

6. Language and summary of the program contents:

7. Editor:

8. Format (cassette tape, video tape, CD, VCD, DVD, CD-ROM, etc.):

9. Purposes:

10. Target audience:  

11. Publishing scope:

12. Producer:

13. Method of publication:

We hereby declare that we fully comply with current Vietnam’s laws.

FORM 05/BTTTT

APPLICATION FOR RUNNING NEWS, ARTICLES, SPEECHES ON MEANS OF MASS MEDIA OF VIETNAM

To: ................................................

1. Name of applicant:

Address:

Phone number:                                                         Fax:

Website:                                                           Email:

We are lawfully operating in Vietnam under:

The Establishment License/Decision No. ....................... dated ...........................

Issuer:

Business registration number (if any):

2. Purposes:

3. Contents of the news/article/speech:

4. Intended time:

5. Intended publisher/broadcaster:

6. Name and position of the speaker/writer:

We hereby declare that we fully comply with current Vietnam’s laws.

FORM 06/BTTTT

APPLICATION FOR DISPLAY OF PICTURES, PHOTOS, AND OTHER FORMS OF INFORMATION ON THE OUTSIDE OF FOREIGN REPRESENTATIVE BODIES AND FOREIGN ORGANIZATIONS

To: ................................................

1. Name of applicant:

Address:

Phone number:                                                         Fax:

Website:                                                           Email:

We are lawfully operating in Vietnam under:

The Establishment License/Decision No. ....................... dated ...........................

Issuer:

Business registration number (if any):

2. Legal representative, who is also in charge of the display of pictures, photos, and other forms of information:

Full name:

Nationality:

Position:

ID/Passport number:

Issuer:

3. Contents of displayed items (with specific sizes):

4. Method of display:

5. Purposes:

6. Locations:

We hereby declare that we fully comply with current Vietnam’s laws.