Decision No. 77/2007/QD-TTg dated May 28, 2007 of the Prime Minister promulgating the Regulation on making of statements and supply of information to the press

DECISION

PROMULGATING THE REGULATION ON MAKING OF STATEMENTS AND SUPPLY OF INFORMATION TO THE PRESS

THE PRIME MINISTER

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

Pursuant to the December 28, 1989 Press Law and the June 12, 1999 Law Amendingand Supplementing a Number of Articles of the Press Law;

Pursuant to the Government's Decree No. 51/2002/ND-CP of April 26, 2002, detailing the implementation of the Press Law and the Law Amending and Supplementinga Number of Articles of the Press Law;

At the proposal of the Minister of Culture and Information,

DECIDES:

Article 1- To promulgate together with this Decision the Regulation on making of statements and supply of information to the press.

Article 2.- This Decision takes effect 15 days after its publication in "CONG BAO."

Article 3.- The Ministry of Culture and Information shall assume the prime responsibility for, and coordinate with concerned agencies in, guiding, monitoring and inspecting the implementation of this Regulation.

Article 4.- Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of provincial/municipal People's Committees shall implement this Decision.

REGULATION

ON MAKIN G O F STATEMENT S AND SUPPLY O F INFORMATION TO THE PRESS
(Promulgated together with the Prime Minister's Decision No. 77/2007/QD-TTgofMay 28, 2007)

Chapter I

GENERAL PROVISIONS

Article 1- Scope and subjects of regulation

This Regulation provides for the regime of making statements and supplying information to the press applicable to ministries, ministerial-level agencies, government-attached agencies and provincial/municipal People's Committees (below collectively referred to as state administrative agencies) according to the current press law.

Article 2.- Persons making statements and supplying information to the press

1. A state administrative agency's person who makes statements and supplies information to the press (below referred to as spokesperson) must be the head of that agency or the person assigned by him/her to make statements or supply information to the press. Full names and positions of spokespersons ofstate administrative agencies must be publicized in writing to press agencies and state management agencies in charge of the press.

2. When necessary, the state administrative agency's head may authorize a responsible person within his/her agency to make statements, or coordinate with the spokesperson in making statements or supplying information on specific matters to the press.

3. A person assigned by the head of a state administrative agency to make statements and supply information to the press must satisfy the following criteria:

a/ Working as an employee on the official payroll at the state administrative agency;

b/ Having a firm political and ideological stance, good moral qualities, and attitude of honesty and impartiality;

c/ Having deep knowledge about the functions, tasks, powers, organizational structures and management domains of the state administrative agency where he/she works; having certain understanding about the press and grasping the provisions of the press law;

d/ Being capable of analyzing, synthesizing and processing press information and addressing the press.

4. State administrative agencies' individuals who are not tasked to make statements or supply information to the press may not make statements or supply information to the press on behalf of state administrative agencies; may not disclose investigation secrets or public-duty secrets or supply incorrect or untruthful information to the press.

Chapter II

MAKING OF STATEMENTS AND SUPPLY OF INFORMATION TO THE PRESS

Article 3.- Making statements and supplying information on a regular basis

1. Monthly, the Minister-Director of the Government Office shall assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies, government-attached agencies and provincial/municipal People's Committees in, supplying information on the Government's and Prime Minister's activities, direction and administration to the press by holding press conferences or posting information on the Government's website.

The Government's website promptly and accurately updates information according to current regulations for press agencies nationwide.

2. Ministries, ministerial-level agencies, government-attached agencies and provincial/ municipal People's Committees shall periodically supply information on their agencies' operation as well as domains and geographical areas under their management to the press by:

a/ Posting information on their websites every month or at least once every 3 months;

b/ Holding press conferences at least once every six months. The organization of press conferences must comply with current regulations;

c/ Supply information to the press in writing or through weekly press briefings held by the Ministry of Culture and Information in coordination with the Central Party Committee's Propaganda and Education Commission and the Vietnam Journalists Association, when necessary;

d/ Supplying prompt and accurate information to the Government's website according to current regulations.

Article 4.- Making statements and supplying information in emergency and extraordinary cases

Spokespersons shall make statements and supply prompt and accurate information to the press in the following emergency and extraordinary cases:

1. When it is necessary to publish on the press important events or matters which have great impacts in the society and are within their agencies' management scope in order to make timely orientations and warnings for the society, and the Government's and concerned state administrative agencies' viewpoints and solutions regarding those events or matters.

When a case requires prompt opinions of administrative agencies, spokespersons shall take the initiative in making statements or supplying information to the press within two (02) days after the case occurs.

2. When a press agency or state management agency in charge ofthe press requests statements or information on the events or matters oftheir agencies or domains under their agencies' management which are mentioned on the press.

3. When there is a ground to believe that a press agency publishes untruthful information in the domains or geographical areas under their agencies' management, which requires that the press agency publish feedback and corrections in accordance with law.

Article 5.- Rights and responsibilities of spokespersons

1. Spokespersons can make statements on behalf of state administrative agencies or represent those agencies in making statements or supplying information to the press. Only information supplied by spokespersons is considered official information of state administrative agencies.

Press agencies and journalists are responsible for truthfully publishing, broadcasting or reporting statements made or information supplied by spokespersons, and at the same time, clearly state full names of spokespersons and names of state administrative agencies of spokespersons.

2. Spokespersons may request concerned units and individuals in their agencies to supply or gather information so as to regularly or extraordinarily make statements or supply information to the press in accordance with Articles 3 and 4 of this Regulation; or to respond to reports, proposals, criticisms, complaints or denunciations of organizations or citizens which are forwarded from press agencies, or published or broadcast in the mass media according to law.

3. Spokespersons may refuse to make statements and supply information to the press on:

a/ Matters pertaining to state secrets; confidential matters under the Party's principles and regulations; matters about which they are not authorized to make statements;

b/ Criminal cases under investigation or not yet tried, except cases in which state administrative agencies or investigative agencies request to publish on the press information helpful to investigation or crime prevention and combat work;

c/ Policies or schemes being elaborated which, as prescribed by law, have not yet been permitted by competent authorities to be published for public comment.

4. Spokespersons are answerable to law for the contents oftheir statements and information supplied to the press.

Spokespersons other than heads of state administrative agencies are also responsible before those heads for the accuracy and truthfulness oftheir statements and information supplied to the press.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 6.- Based on this Regulation, ministers, heads ofministerial-level agencies and government-attached agencies, and presidents of provincial/municipal People's Committees shall promulgate specific regulations applicable to their branches and localities.

Article 7.- The Minister of Culture and Information shall guide ministries, ministerial-level agencies, government-attached agencies, provincial/ municipal People's Committees and press agencies in implementing this Regulation.