Circular 31/2021/TT-BTTTT detailing and guiding the dossiers and procedures for grant, renewal, re-grant and revocation of press cards

CIRCULAR

Detailing and guiding the dossiers and procedures for grant, renewal, re-grant and revocation of press cards

Pursuant to the Press Law dated April 19, 2016;

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

At the proposal of the Director of the Authority of Press;

The Minister of Information and Communications promulgates the Circular Detailing and guiding the dossiers and procedures for grant, renewal, re-grant and revocation of press cards.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular details and guides the dossiers and procedures for grant, renewal, re-grant and revocation of press cards as prescribed in Article 28 of the Press Law.

Article 2. Subjects of application

This Circular applies to the agencies, units and individuals that participate in and are related to grant, renewal, re-grant and revocation of press cards.

Article 3. Granting a press card with a new validity duration

The validity duration of a press card is 05 years, the Ministry of Information and Communications shall grant a press card with a new validity duration on January 01 of the year in which the new validity duration begins. The validity duration of the current press card starts from January 01, 2021.

Article 4. Responsibility of the heads of agencies, units, individuals in applying for grant, renewal, re-grant of press cards

1. The heads of concerned agencies, units in applying for grant, renewal, re-grant of a press card shall take responsibility before the law for the accuracy and legitimacy of documents, papers and the content of the confirmation information in the dossiers within the ambit of competence of such agencies; ensure that subjects meet the conditions, criteria, and conduct press activities in accordance with the content declared in the dossiers.

2. People who request the grant, renewal, re-grant of press cards shall take responsibility before the law for the accuracy and legitimacy of documents, papers and the content of their declaration information in the dossiers.

3. In case of detecting that the dossiers of application for grant, renewal, re-grant of press cards contain inaccurate or illegal information or documents, papers, the Ministry of Information and Communications shall refuse to grant the press cards and consider, clarify the involved responsibilities.

Chapter II

DOSSIERS, PROCEDURES FOR GRANT, RE-GRANT AND REVOCATION OF PRESS CARDS

Article 5. Methods of sending dossiers of application for grant, re-grant of press cards and return press cards

1. Agencies requesting grant, renewal and re-grant of press cards shall send the dossiers on the Public Service Portal of the Ministry of Information and Communications.

2. In case of ineligibility for submitting the dossier on the Public Service Portal of the Ministry of Information and Communications, agencies requesting the grant, renewal, re-grant of press cards shall send the dossiers directly or by post to the following agencies:

a) The Authority of Press (the Ministry of Information and Communications), for subjects of print press agencies, print magazines, online newspapers, online magazines, state management agencies in charge of press, journalist’s associations at all levels and lecturers specialized in journalism;

b) The Authority of Broadcasting and Electronic Information (the Ministry of Information and Communications), for subjects operating in the field of broadcasting.

3. The Ministry of Information and Communications (at the agencies as prescribed in Clause 2 Article 5 of this Circular) or through the postal system to the agency requesting the grant, renewal or re-grant of press cards.

Article 6. Dossiers and procedures for granting press cards

1. The agencies requesting the grant of press cards shall send 1 set of dossiers, including:

a) Declaration of registration for grant of press cards declared by the person requesting the grant of press cards according to the form (Form No. 01);

b) Online copies (in case of submitting the dossiers on the public service portal of the Ministry of Information and Communications) or copies (in case of submitting the documents directly or by post) of the Bachelor’s degree or higher or the Degree of Associate or higher in the case of ethnic minorities as prescribed at Point b Clause 1 Article 27 of the Press Law (not applying to the case of re-granting press cards with a new validity duration);

c) Online copies (the case of submitting the dossiers on the public service portal of the Ministry of Information and Communications) or copies (in case of sending the documents directly or by post) of the recruitment decisions or labor contracts and other related documents (documents certified by a competent agency showing the time of payment of social insurance at the press agency or working agency or showing the solvency, payment of salary/wages/remuneration/royalties by month) to prove the consecutive working time of two (02) years or more at the press agency requesting granting press cards or at a district-level radio and television station or equivalent;

d) List of posted, published journalistic works in case prescribed in Clause 5 and Clause 6 Article 26 of the Press Law (Form No. 02);

dd) A summary of the list of application for press cards (From No. 03).

2. The agency requesting the grant of press cards shall send the dossiers before November 01 and April 21 every year, before September 01 of the last year of the press card's expiry date for considering the grant of cards.

3. The Ministry of Information and Communications shall grant the press cards on January 01 and June 21 every year; in case of refusal to grant a card, agencies prescribed in Clause 2 Article 5 of this Circular shall notify and state clearly the reason on the Public Service Portal of the Ministry of Information and Communications or in writing.

Article 7. Dossiers and procedures for renewing press cards

1. The press agency, the new working agency of the applicant for the renewal of the press card shall send 1 set of dossiers, including:

a) A written request of the press agency, the new working agency of the applicant for the renewal of the press card (From No. 04);

b) Online copies (in case of submitting the dossiers on the public service portal of the Ministry of Information and Communications) or copies (in case of sending the documents directly or by post) accepting the job decisions or labor contracts;

c) The agency's document before the job transfer, which clearly states the time of termination of work and confirms that the applicant for the renewal of the press cards does not fall into one or the following cases prescribed at Points b, c, d and dd Clause 3 Article 27 of the Press Law (From No. 05);

d) List of posted, published journalistic works in this case prescribed in Clause 5 and Clause 6 Article 26 of the Press Law (Form No. 02);

2. Within twenty (20) days, from the date of receipting of a valid dossier, the Ministry of Information and Communications shall consider renewing the press card; in case of refusal to renew card, agencies prescribed in Clause 2 Article 5 of this Circular shall notify and state clearly the reason on the Public Service Portal of the Ministry of Information and Communications or in writing.

Article 8. Dossiers and procedures for re-granting press cards

1. The press agency, the new working agency of the applicant for the renewal of the press card shall send 1 set of dossiers, including:

a) A written request of the person applying for the re-grant of the press card (From No. 06);

b) A report form of the person applying for the re-grant of the press card with a confirmation from the police of the town, commune or ward where the card is lost (From No. 07);

c) In case the card is damaged, the old card must be sent to the Ministry of Information and Communications (agencies prescribed in Clause 2 Article 5 of this Circular).

2. Within twenty (20) days, from the date of receipting of a valid dossier, the Ministry of Information and Communications shall consider renewing the press card; in case of refusal to renew a card, agencies prescribed in Clause 2 Article 5 of this Circular shall notify and state clearly the reason on the Public Service Portal of the Ministry of Information and Communications or in writing.

Article 9. Revocation of press cards

1. For cases where press cards are revoked as prescribed in Clause 6 Article 28 of the Press Law, the Minister of Information and Communications shall promulgate a decision to revoke press cards.

2. Within fifteen (15) days from the date of issuing the decision to revoke the press card, the head of the agency of the person that has his/her press card revoked shall be responsible for revoking the journalist's card of the person whose press card has been revoked and submit it to the Ministry of Information and Communications (agencies prescribed in Clause 2 Article 5 of this Circular).

3. For the cases prescribed at Point b Clause 6 Article 28 of the Press Law, the Ministry of Information and Communications shall return the revoked press card after receiving the dossiers sent directly or by post, including:

a) A written request for returning the press card of the agency of the person whose press card has been revoked as prescribed in Clause 2 Article 9 of this Circular;

b) Documents proving the suspension of the investigation, or suspension of the case related to the revocation of the journalist's card by the competent agency; the court’s legally enforceable judgment, or decision declaring that the journalist is unguilty or exempt from criminal liability.

Chapter III

IMPLEMENTATION PROVISIONS

Article 10. Promulgating forms

To promulgate together with this Circular the Appendix of forms in the dossiers of application for the grant, renewal or re-grant of the press cards.

Article 11. Effect

1. This Circular takes effect on February 15, 2022.

2. This Circular replaces the Ministry of Information and Communications’ Circular No. 49/2016/TT-BTTTT dated December 26, 2016, detailing and guiding the dossiers and procedures for grant, renewal, re-grant and revocation of press cards./.

The Minister

Nguyen Manh Hung