Decree No. 93/2020/ND-CP detailing the Law on Libraries

DECREE

Detailing a number of articles of the Law on Libraries^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the November 21, 2019 Law on Libraries;

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

The Government promulgates the Decree detailing a number of articles of the Law on Libraries.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details important state-funded libraries prioritized for investment by the State specified at Point a, Clause 1, Article 5; ancient, precious and rare documents and collections of special historical, cultural or scientific value invested by the State specified at Point c, Clause 1 of Article 5; grassroots reading spaces and reading rooms specified in Clause 1 of Article 6; conditions for establishment of libraries specified at Points a, b, c and d, Clause 1, Article 18; order and procedures for suspension and termination of operation of libraries specified in Clause 5, Article 22; and interlibrary collaboration specified in Article 29 of the Law on Libraries.

Article 2. Subjects of application

This Decree applies to Vietnamese agencies, organizations and individuals and foreign organizations and individuals engaged or involved in library activities in the territory of the Socialist Republic of Vietnam.

Chapter II

SPECIFIC PROVISIONS

Section 1

IMPORTANT STATE-FUNDED LIBRARIES PRIORITIZED FOR INVESTMENT BY THE STATE

Article 3. Criteria for determination of an important state-funded library prioritized for investment by the State

1. Being fully eligible and capable to perform the tasks specified in Articles 25, 26, 27 and 28 and assume the prime responsibility for building, sharing and exploiting common-use information resources among libraries specified in Clause 1, Article 29, of this Decree; and connect and coordinate with other libraries of the same group, speciality or field within the country, field, sector, region or locality.

2. Having modern physical foundations, facilities and techniques meeting the needs of library users and expansion of interlibrary collaboration within a field, sector, region or locality, specifically as follows:

a/ There are at least 500,000 stored units, including at least 200,000 books and at least 5,000 digital documents; and common-use databases up to national standards in accordance with the laws on intellectual property and cyber security;

b/ Information resources are stored, preserved and managed by modern technical infrastructure and equipment and technologies: The library has advanced software used in professional activities and library management; has its portal or website enabling online public access catalog and providing digital documents; provides online consultancy services to users; and has computers and other modern equipment and devices to serve library users;

c/ Reading spaces are user-friendly, enabling access to the library by users of all categories; and ensuring environmental sanitation, and equipment and devices for security, safety, and fire prevention and fighting;

d/ There are at least 50 computers to serve library users;

dd/ Interlibrary collaboration has been carried out within a region, locality, field or sector or on an international scale.

3. Librarians must satisfy the following requirements:

a/ Possessing information-librarianship qualifications satisfying the criteria on their working positions as prescribed by law;

b/ At least 70% of librarians possess university or higher degree in information-librarianship major, or in another major but possess a certificate of information-librarianship knowledge and skills granted by a competent agency or organization;

c/ Being capable of applying information technology to professional activities, proficiently using library management software according to requirements of their working positions and implementing interlibrary collaboration; and guiding library users in using modern library facilities to access and exploit information.

4. Regarding average annual effectiveness of library activities:

a/ At least 6,000 people register to use the library, borrow information resources, or use electronic and digital documents at the library, outside the library and online; at least 1,000,000 turns of people visit the library and access its website;

b/ At least 2,000,000 turns of information resources are provided at the library and as the travelling library service; at least 1,000,000 turns of information resources are provided online;

c/ At least 80% of library professional activities and library services have applied science and technology; the library has established its portal or website; and organized its online public access catalog (OPAC); at least 30% of library services are provided online;

d/ The library has organized at least 4 specialized conferences, seminars and exhibitions; has at least 1 technical innovation initiative tested and applied in reality, or at least 6 specialized information products and bibliographies shared with other libraries;

dd/ The library is opened at least 56 hours per week, or 24 hours per day, for online libraries.

Article 4. Competence to determine important state-funded libraries prioritized for investment by the State

1. The Minister of Education and Training and Minister of Labor, Invalids and Social Affairs may determine important state-funded libraries prioritized for investment by the State, for academic libraries and libraries of other educational institutions, after obtaining the written consent from the Minister of Culture, Sports and Tourism.

2. Heads of departments, ministers, and heads of ministerial-level agencies, government-attached agencies and central agencies may determine important state-funded libraries prioritized for investment by the State, for libraries other than those referred to in Clause 1 of this Article, after obtaining the written consent from the Minister of Culture, Sports and Tourism.

Section 2

ANCIENT, PRECIOUS AND RARE DOCUMENTS AND COLLECTIONS OF SPECIAL VALUE

Article 5. Ancient documents

Ancient document means a document that is at least one hundred years old.

Article 6. Precious and rare documents

A precious and rare document must meet one of the following criteria:

1. Being the original, primary-source manuscript or autograph of a national hero, celebrity or significant historical figure.

2. Being formed during the period or in the place of occurrence of an event that marks an important milestone in the history of the Vietnamese nation; containing information about special events, upheavals and phenomena of the nature, social life and thinking with fundamental significance to state management, economy, national defense, security, foreign affairs, social order and safety, scientific research, history, or literature, and meeting at least one of the following criteria:

a/ Being presented in a unique and typical  information carrier of a certain historical period;

b/ Being the sole or being stored with a very few number of identical copies that is impossible or very difficult to be added or replaced in case of loss or damage;

c/ Being unique in terms of language, presentation or manufacturing technique, or being typical and representative for a particular trend, style or era.

Article 7. Collections of special historical, cultural or scientific value

1. Collection of special historical, cultural or scientific value means a combination of documents which are gathered, preserved and systematically arranged according to general criteria on form and content to meet the needs for learning about history, nature and society.

2. A collection of special historical, cultural or scientific value must meet the following criteria:

a/ Being of unusual excellence and of special ideological, political, socio-economic, scientific or historical value and of special importance to the country, a locality, the society or the nation; being of special and fundamental cultural significance to state management, economy, national defense, security, foreign affairs, social order and safety, scientific research, history, or literature;

b/ Being formed in a special historical circumstance in terms of time or space; being of unusual excellence in terms of the method of including the documents in archives and material of information carrier.

Article 8. Collection, preservation and promotion of value of ancient, precious and rare documents and collections of special historical, cultural or scientific value of state-funded libraries

1. The collection must satisfy the criteria for documents to be collected and shall be carried out according to the following methods and order:

a/ Criteria: satisfying the criteria specified in Articles 5 and 6, and Clause 2, Article 7, of this Decree, and being of a clear and lawful origin without being involved in any dispute or lawsuit; being suitable to the functions, tasks, target users and scope of operation of libraries;

b/ Methods: collection from the community; purchase from organizations and individuals; receipt from institutional or individual donors or transferors; exchange among libraries, or between libraries and agencies, organizations and individuals; and other methods;

c/ Order:

- To conduct surveys and collect information about the documents; to determine the documents that satisfy the criteria specified at Point a of this Clause to prepare a collection plan and submit it to a competent person for approval;

- To compile a file on the documents to be collected, comprising a list of documents; a report on evaluation of documents, and other relevant documents (if any);

- To collect documents under the approved plan;

- To make entries into the register; to archive the files made during the collection process.

2. The preservation of documents will follow the methods of preventive preservation, restoration preservation, or reformation as suitable to each type of document.

3. The promotion of value of documents shall be carried out through:

a/ Digitalizing, or making copies of, documents under regulations of libraries;

b/ Developing Vietnamese-language versions of documents on the principle of translation, for documents presented in Chinese, Nom (Southern characters), Sino-Vietnamese and other languages.

4. In addition to complying with Clauses 1, 2 and 3 of this Article, the collection, preservation and promotion of the value of ancient, precious and rare documents and collections of special historical, cultural or scientific value that are cultural heritages must comply with the laws on cultural heritages and archives.

Section 3

GRASSROOTS READING SPACES AND READING ROOMS

Article 9. Criteria for determination of grassroots reading spaces and reading rooms

1. Grassroots reading space or reading room means a book-reading place established by a residential community or a Vietnamese organization or individual to provide the people with information, knowledge and reading culture services in a hamlet, village or street quarter where the conditions for establishment of a library specified in Articles 19 and 20 of this Decree are not yet fully satisfied.

2. It is encouraged to establish a grassroots reading space or reading room meeting the following criteria:

a/ Having at least 300 books;

b/ Having target users relevant to its operational goals;

c/ Having the area and infrastructure enabling the preservation of information resources and user service; not adversely affecting traffic order and safety, and ensuring environmental sanitation and landscape; and having sufficient equipment and devices for security, safety and fire prevention and fighting;

d/ Having a person in charge of its management;

dd/ Adopting regulations relevant to its target users.

Article 10. Operation of grassroots reading spaces and reading rooms

1. Grassroots reading spaces and reading rooms shall operate according to the principles of self-management and self-responsibility.

2. Grassroots reading spaces and reading rooms may receive professional support and guidance, and information resources and library facilities rotated from public libraries in localities.

3. The State shall encourage grassroots reading spaces and reading rooms meeting the criteria for establishment of community libraries and private libraries providing public library services to notify establishment of libraries under Article 23 of the Law on Libraries.

Section 4

CONDITIONS FOR ESTABLISHMENT OF LIBRARIES

Article 11. Conditions for establishment of a provincial-level public library

1. Having appropriate organizational and operational goals suitable to the functions and tasks specified in Clauses 1 and 2, Article 11 of the Law on Libraries; having target users being organizations or individuals that wish to use libraries in a province or centrally run city.

2. Having at least 200,000 books with at least 50,000 types of books, including digital documents, audio-visual documents and documents for people with disabilities; having at least 50 types of newspapers and magazines, including e-newspapers, that are processed according to librarianship rules.

3. Having physical foundations and library facilities meeting the following requirements:

a/ The library is located independently at the center of a residential community or in a place convenient for traffic;

b/ The library’s area meets the requirements on preservation of information resources, reader service areas, warehouses, multimedia reading rooms, professional rooms, and toilets;

c/ The library enables people with disabilities to move and access information resources and library facilities in an easy and convenient manner;

d/ The general reading space for library users is at least 100 m²; and that  for children and people with disabilities is at least 50 m² ;

dd/ The library has information technology infrastructure facilities, Internet- connected devices, security devices, peripheral devices and auxiliary equipment, local area network, and wide area network meeting the requirements of professional activities of librarians and library users; conducts interlibrary collaboration, and provides online services and related services;

e/ The library has specialized equipment and means for preservation of information resources, and assurance of security, safety and fire prevention and fighting;

g/ The library provides travelling library services, and rotates information resources serving local people, for libraries located in border areas, on islands, in ethnic minority areas, and areas facing difficult socio-economic conditions or extremely difficult socio-economic conditions.

4. Librarians must satisfy the following requirements:

a/ Possessing information-librarianship qualifications satisfying the criteria for their working positions as prescribed by law;

b/ At least 70% of librarians possess college or higher degree in information-librarianship major or in another major but possess a certificate of information-librarianship knowledge and skills granted by a competent agency or organization;

c/ Being capable of applying information technology to professional activities and implementation of interlibrary collaboration; and guiding library users in using modern library facilities to access and exploit information.

Article 12. Conditions for establishment of a district-level public library

1. Having appropriate organizational and operational goals suitable to the functions and tasks specified in Clause 3, Article 11 of the Law on Libraries; having target users being organizations or individuals that wish to use libraries in a rural district, urban district, town, provincial city or municipal city.

2. Having at least 10,000 books with at least 1,000 types of books; having at least 10 types of newspapers and magazines (including e-newspapers) that are processed according to librarianship rules.

3. Having physical foundations and library facilities meeting the following requirements:

a/ The library is located at the center of a residential community or a place convenient for traffic;

b/ The library’s area meets the requirements on preservation of information resources, reader service areas, warehouses, professional rooms, and toilets;

c/ The reading space for library users is at least 60 m² ;

d/ The library enables people with disabilities to move and access information resources and library facilities in an easy and convenient manner;

dd/ The library has equipment and means for professional activities of librarians and library users;

e/ The library has specialized equipment and means for preservation of information resources, and assurance of security, safety and fire prevention and fighting.

4. Librarians must possess college or higher degree in information-librarianship major, or in another major but possess a certificate of information-library knowledge and skills granted by a competent agency or organization.

Article 13. Conditions for establishment of a commune-level public library

1. Having operational goals suitable to the functions and tasks specified in Clause 4, Article 11 of the Law on Libraries; having target users being organizations or individuals that wish to use libraries in a commune, ward or township.

2. Having at least 2,000 books and 2 types of newspapers and magazines (e-newspapers are encouraged) that are processed according to librarianship rules.

3. Having physical foundations and library facilities meeting the following requirements:

a/ The library is located near a residential community or in a place convenient for traffic;

b/ The library’s space meets the requirements on preservation of information resources, reader service areas and toilets;

c/ The reading space for library users is at least 40 m² ;

d/ The library has  equipment and means meeting the requirements of professional activities of librarians and library users; and has equipment and means for preservation of information resources, and assurance of security, safety and fire prevention and fighting.

4. Librarians must possess upper secondary or higher degree and has completed a training course on librarianship or been provided with guidance on librarianship.

Article 14. Conditions for establishment of a specialized library

1. Having organizational and operational goals suitable to the functions and tasks specified in Article 12 of the Law on Libraries; having target users being cadres, civil servants, public employees, and employees of the agency or organization establishing the library and other subjects wising to use the library under its regulations.

2. Having at least 2,000 books, including at least 500 types of digital documents; having types of newspapers and magazines, including e-newspapers, in conformity with the functions and tasks of related agencies and organizations that are processed according to librarianship rules, meeting the library users’ needs in working, study and research activities.

3. Having physical foundations and library facilities meeting the following requirements:

a/ The library’s area meets the requirements on preservation of information resources, reader service areas, warehouses, professional rooms, and toilets;

b/ The reading space for library users is at least 100 m², for central agencies and organizations, and at least 40 m² for grassroots agencies and organizations;_.

c/ The library has information technology infrastructure, Internet-connected devices, security devices, peripheral devices and auxiliary equipment, local area network, and wide area network meeting the requirements of professional activities of librarians and library users; conducts interlibrary collaboration, and provides online services and related services;

d/ The library has specialized equipment and means for preservation of information resources, and assurance of security, safety and fire prevention and fighting.

4. Librarians must satisfy the following requirements:

a/ Possessing information-librarianship qualifications satisfying the criteria for their working positions as prescribed by law;

b/ At least 70% of librarians possess college or higher degree in information-librarianship major, or in another major but possess a certificate information-library knowledge and skills granted by a competent agency or organization;

c/ Being capable of applying information technology to professional activities and implementation of interlibrary collaboration; and guiding library users in accessing and exploiting information and using the library.

Article 15. Conditions for establishment of libraries of people’s armed forces

Libraries of people’s armed forces shall be established in accordance with the Law on Libraries and the Government’s separate regulations.

Article 16. Conditions for establishment of an academic library

1. Having organizational and operational goals suitable to the functions and tasks specified in Article 14 of the Law on Libraries; having target users being teachers, learners and staff members of the educational institution and other subjects that wish to use the library according to its regulations.

2. Having information resources, including textbooks, course books, reference documents, press publications and magazines that are suitable to the educational institution’s training majors and processed according to librarianship rules to meet the needs of at least 60% of learners and teachers.

3. Having physical foundations and facilities meeting the following requirements:

a/ The library is located in the center of the educational institution and convenient for library users, particularly people with disabilities;

b/ The library’s area is large enough for storage of information resources, reader service areas, and working areas for librarians and other professional requirements;

c/ The reading space for library users, including general reading rooms and other reading rooms, is at least 200 m²;

d/ The library has information technology infrastructure facilities, Internet-connected devices, security devices, peripheral devices and auxiliary equipment, local area network and wide area network to serve librarians’ professional activities and library users, conducts interlibrary collaboration and provides online services and related services;

dd/ The library has specialized equipment and vehicles for preservation of information resources, and assurance of security, safety and fire prevention and fighting.

4. Librarians must meet the following requirements:

a/ Possessing information-librarianship qualifications meeting the law-specified criteria on their working positions;

b/ At least 70% of librarians possess a college or higher degree in information-librarianship major, or in another major but possess a certificate of information-librarianship knowledge and skills granted by a competent agency or organization;

c/ Being capable of applying information technology in professional activities and supporting learners and teachers in search, exploitation and use of information resources inside and outside the library.

5. In addition to the conditions specified in Clauses 1, 2, 3 and 4 of this Article, libraries of national universities must meet the conditions specified in Clauses 1, 2 and 3, Article 3 of this Decree.

Article 17. Conditions for establishment of a library of an early childhood education institution or a general education institution

1. Having organizational and operational goals suitable to the functions and tasks specified in Clauses 1, 2 and 3, Article 15 of the Law on Libraries; having target users being teachers, learners and staff members of the educational institution and other subjects that need to use the library according to its regulations.

2. Having the following information resources:

a/ Textbooks, professional books for teachers and reference books meet the needs of learners and teachers of the educational institution:

- At least 2 books/student and 3 books/teacher, for an early childhood education institution.

- At least 3 books/student and 1 set of books/teacher by grade, for a primary education institution;

- At least 4 books/student and 1 set of books/teacher by subject, for a lower secondary education institution;

- At least 5 books/student and 1 set of books/teacher by subject, for an upper secondary education institution;

b/ Newspapers, magazines, maps and education pictures, audio-visual documents, e-books, and documents in other forms suit student ages and learning needs and teacher reference needs, ensuring that their contents are closely associated with the institution’s teaching and learning programs based on the Ministry of Education and Training-guided list and processed according to librarianship rules.

3. Having physical foundations and facilities meeting the following requirements:

a/ The library is located in the center of the educational institution and convenient for library users, particularly people with disabilities;

b/ The library’s area is large enough for storage of information resources and implementation of library activities, reader service areas, and working areas for librarians, and other professional requirements;

c/ The library’s reading space for library users is at least 50 m²; the library is connected with the institution’s audio-visual rooms and computer rooms and classroom bookshelves; it is encouraged to organize open libraries and friendly reading spaces;

d/ The library has equipment and devices serving librarians’ professional activities and library users;

dd/ The library has specialized equipment and vehicles for preservation of information resources, and assurance of security, safety and fire prevention and fighting.

4. Librarians must possess an intermediate or higher degree in information-librarianship, or in another major but possess a certificate of information-librarianship knowledge and skills granted by a competent agency or organization.

Article 18. Conditions for establishment of a library of a vocational education institution or another educational institution

1. Having organizational and operational goals suitable to the functions and tasks specified in Clause 4, Article 15 of the Law on Libraries; having target users being teachers, learners and staff members of the educational institution and other subjects that need to use libraries according to its regulations.

2. Having at least 2 books /student and 1 book /teacher; and having publications, newspapers and magazines suitable for training majors of the educational institution that are processed according to librarianship rules.

3. Having physical foundations and facilities meeting the following requirements:

a/ The library is located in the center or in a place convenient for library users;

b/ The library’s area is large enough for storage of reference documents, textbooks and course books, reader service areas and working areas for librarians, and for other professional requirements;

c/ The reading space for library users is at least 100 m²_, for colleges; or at least 50 m^2, for vocational education centers and vocational education-continuing education centers;

d/ The library has equipment and devices serving librarians’ professional activities and library users; and provides people with disabilities with convenient access to information resources;

dd/ The library has specialized equipment and means for preservation of information resources, and assurance of security, safety and fire prevention and fighting.

4. Librarians must meet the following conditions:

a/ Possessing a college or higher degree in information-librarianship major, or in another major but possess a certificate of information-librarianship knowledge and skills granted by a competent agency or organization;

b/ Being capable of applying information technology in librarianship activities and supporting learners and teachers in search, exploitation and use of information resources inside and outside the library.

Article 19. Conditions for establishment of a private library providing public library services

1. Having organizational and operational goals suitable to the functions and tasks specified in Clauses 2 and 3, Article 16 of the Law on Libraries and not contrary to law; having target users being community people and other subjects in line with the library’s operational  goals.

2. Having at least 2,000 books (including digital documents).

3. Having physical foundations and facilities meeting the following requirements:

a/ The library’s area and infrastructure facilitate preservation of information resources, and library facilities with reading spaces of at least 25 m² for library users;

b/ The library meets the requirements on environmental sanitation, landscape, and security, safety and fire prevention and fighting equipment, not affecting traffic order and safety in the region.

4. Librarians must possess an upper secondary or higher degree; at least 1 librarian possesses librarianship qualifications or has received training or guidance on librarianship.

Article 20. Conditions for establishment of a community library

1. Having organizational and operational goals suitable to the functions and tasks specified in Clauses 1 and 3, Article 16 of the Law on Libraries and not contrary to law; having target users being community people and other subjects in line with the library’s operational goals.

2. Having at least 1,500 books (including digital documents).

3. Having physical foundations and facilities meeting the following requirements:

a/ The library’s area and infrastructure facilitate preservation of information resources, and library facilities with reading spaces of at least 25 m² for library users;

b/ The library meets the requirements on environmental sanitation, landscape, and security, safety and fire prevention and fighting equipment, not affecting traffic order and safety in the region.

4. Librarians must possess an upper secondary or higher degree; at least 1 librarian has received training or guidance on librarianship.

Article 21. Conditions for establishment of a library of a foreign organization or individual providing services to Vietnamese people

1. Having organizational and operational goals suitable to the functions and tasks specified in Article 17 of the Law on Libraries and not contrary to law; having target users being Vietnamese people in line with the library’s operational goals.

2. Having at least 2,000 books (including digital documents).

3. Having physical foundations and facilities meeting the following requirements:

a/ The library’s area and infrastructure facilitate preservation of information resources, and library facilities with reading spaces of at least 25 m² for library users;

b/ The library meets the requirements on environmental sanitation, landscape, and security, safety and fire prevention and fighting equipment, not affecting traffic order and safety in the region.

4. Persons working in the library must have full civil legal capacity and civil act capacity, possess upper secondary or higher degree and have received training or guidance on librarianship. Foreigners working in the library must have clear criminal records and places of residence in Vietnam.

Section 5

ORDER AND PROCEDURES FOR SUSPENSION AND TERMINATION OF OPERATION OF LIBRARIES

Article 22. Order and procedures for suspension of operation of libraries

1. When detecting that a library commits violations, related agencies, organizations and individuals shall collect evidences and send a written request to the person competent to suspend operation of libraries specified at Point b, Clause 3, Article 22 of the Law on Libraries for consideration and issuance of a decision on sanctioning of an administrative violation.

2. When detecting a sign of violation specified in Clause 1, Article 22 of the Law on Libraries or at the request of the agencies, organizations and individuals specified in Clause 1 of this Article, the person competent to suspend operation of libraries shall evaluate the severity of the violation and issue a decision to sanction an administrative violation by suspending the library’s operation for a definite term in accordance with law. If not suspending operation of the library, the person competent to suspend operation of libraries shall issue a written reply, clearly stating the reason.

3. The order and procedures for suspension of operation of libraries for a definite time must comply with the law on handling of administrative violations.

Article 23. Order and procedures for termination of operation of libraries

1. Order and procedures for termination of operation of a library:

a/ To give notification in accordance with Clause 3, Article 23 of the Law on Libraries;

b/ To transfer information resources and library facilities according to the plans specified in Clause 7, Article 45 of the Law on Libraries.

2. Order and procedures for forced termination of operation of a library:

a/ At least 15 working days before the expiration of the operation suspension period, the library subject to operation suspension shall report on remediation of its violation (together with supporting documents) to the issuer of the suspension decision.

Within 15 working days after receiving a complete and valid dossier, if the library fails to remediate or is unable to remediate its violation, the suspension decision issuer shall issue a decision on termination of operation of the library and notify such decision to the library-establishing agency or organization (if any);

b/ Upon the expiration of the operation suspension period, if the library subject to operation suspension fails to report on the remediation of its violations, the suspension decision issuer shall issue a decision on termination of operation of the library;

c/ In case the library receives information resources and library facilities rotated from a state-funded library, within 15 working days after receiving the decision on forced termination of operation of the library, the library subject to operation termination shall return all information resources and library facilities to the eligible recipient library.

Section 6

INTERLIBRARY COLLABORATION

Article 24. Principles of interlibrary collaboration

1. To ensure efficient use of resources invested by the State and organizations and individuals in library activities.

2. To meet user needs for information resources, information products and library services.

3. To be conducted on a voluntary basis and cooperation based on agreement and assignment and coordination among libraries.

4. To share and link databases and information resources developed with state budget funds under regulations.

5. To comply with the laws on intellectual property, science and technology, information technology, and cyber security, and relevant laws.

6. To ensure the management and use of interlibrary information resources for proper purposes, in an effective manner and under regulations on interlibrary collaboration.

Article 25. Cooperation in the collection, acquisition and use of information resources

1. Setting up groups of libraries to regulate and coordinate in acquiring, updating and sharing information resources. Libraries shall join a group on the basis of voluntary connection, sharing and contribution of their resources for the group’s common use and shall designate a responsible library to act as the focal point to link the group’s member libraries.

A library wishing to join a group of libraries must satisfy the following conditions:

a/ Having similar target users;

b/ Having secured and compatible information technology infrastructure facilities;

c/ Having sufficient human resources for operation, exploitation and sharing;

d/ Having funds to maintain the group’s activities;

dd/ In case of cooperation in production and business, the library must comply with relevant regulations in addition to Points a, b, c and d of this Clause.

2. Cooperation in the collection, acquisition and use of information resources covers coordination in building information resources in printed form; linking and sharing in the acquisition of information resources and the right to access digital databases and information resources.

3. The shared information resources must satisfy the following conditions:

a/ Being lawful;

b/ Being described, stored, managed and exploited in a uniform structure, meeting corresponding standards of the world’s library sector;

c/ Ensuring consistency in the information resources exploitation process and sharing policy under the group’s regulations;

d/ Being managed by software that facilitates access via computers, phones and other electronic devices as prescribed by law.

Article 26. Sharing of information resource processing results, cataloging and library information products

1. A library using state budget funds shall share information resource processing results, including data on information resources and basic descriptions of information resources organized in a librarianship structure (bellowed referred to as bibliographic records), with other libraries in the group in accordance with law.

2. Depending on specific conditions, the group’s member libraries may share databases on bibliographic records; and create catalogs of information resources of 2 libraries or more (below referred to as union catalogs) according to the following extents:

a/ Only enabling search and seeing of data on information resources;

b/ Enabling direct reading;

c/ Enabling download for reading (for digital documents) under regulations or clear identification of the type and extent of exploitation (for other information resources);

d/ Requiring payment of service prices under regulations of a library and the group of libraries and law.

3. Responsibility of the responsible library:

a/ To maintain and develop the data system for common use;

b/ To support the group’s libraries in data management; to grant the right to use and exploit the system;

c/ To control the quality of bibliographic records; to guide the assurance of consistency and standardization of bibliographic records of the group’s libraries;

d/ To provide professional guidance and support for the group’s libraries.

Article 27. Joint provision of interlibrary services

1. Joint provision of interlibrary services covers the following principal contents:

a/ Interlibrary loan for printed and digital information resources or multimedia among libraries serving users;

b/ Association and coordination in granting library cards to users in the same area, specialty, field or system;

c/ Coordination in and exchange of information resources, and use of library facilities and devices in providing library services for users;

d/ Use of other modes of provision of interlibrary services as suitable to specific characteristics of each type of library and compliant with relevant laws.

2. Interlibrary loan is prescribed as follows:

a/ Interlibrary loan of information resources must comply with regulations of libraries joining interlibrary collaboration and the group of libraries;

b/ The loan period and volume of information resources to be loaned must comply with regulations of the lending library;

c/ Library users shall register or send their requests for interlibrary loan to their library card issuers; receive interlibrary resources via the library that receives their library card registration forms or directly at the lending library, by post or online under regulations of the lending library.

Article 28. Creation of union catalogs

1. The creation, administration and development of union catalogs must adhere to the following principles:

a/ To determine roles, rights and obligations of member libraries participating in creating union catalogs; to assign a responsible library;

b/ To provide uniform regulations on process and professional operation standardization in creating bibliographic records of member libraries;

c/ To regularly update bibliographic records on the status of information resources of libraries;

d/ To combine the creation of union catalogs with cooperation in the collection, acquisition and use of information resources and interlibrary loan.

2. The contribution of bibliographic records for data integration in union catalogs shall be conducted according to the following mechanism:

a/ Libraries participating in the creation of union catalogs shall send bibliographic records to the responsible library;

b/ Information and data in bibliographic records of libraries participating in the creation of union catalogs must meet common criteria and once provided, must contain basic descriptions of their information resources, including title, author name, publication information, keyword, subject, specific registration number, call number and other required information as agreed in the group of libraries;

c/ Bibliographic records shall be synchronized with the union catalog system for domestic interlibrary collaboration, or with the global union catalog system for international interlibrary collaboration.

3. The National Library of Vietnam, provincial-level public libraries and important state-funded libraries prioritized for investment by the State shall coordinate with one another in updating and standardizing databases to develop the national union catalog.

Article 29. Interlibrary collaboration mechanisms

1. Libraries prioritized for investment by the State shall be responsible for building, sharing and exploitation of information resources for common use among libraries as follows:

a/ To build and share data on and results of processing of digital information resources in accordance with law;

b/ To compile and develop a database on and provide library products and services for common use;

c/ To set up and develop the union catalog system; to manage libraries in a group of libraries and control the quality of the database; to deal with librarianship-related technical issues; to guarantee safety, security and backup of the system;

d/ To act as the focal point in exchanging information resources and grant the right to access digital documents; to serve particular use requests.

2. Libraries shall cooperate in acquiring and purchasing the right to access and share foreign information resources as follows:

a/ To create, build and standardize data in linking, sharing and contributing their resources to the group of libraries for common use under regulations on interlibrary collaboration;

b/ To participate in formulating policies on extent of sharing and access rights of library users; policies on collection of charges and service prices under current regulations;

c/ To take advantage of information resource processing results, and information products and services of other libraries to serve users;

d/ To share and effectively use information resources developed with state budget funds.

Article 30. Modes of interlibrary collaboration

1. Geographical area-based interlibrary collaboration on an international, regional, or national scale, in different areas and in the same area.

2. Collaboration among groups of libraries having similar functions, tasks and target users.

3. Collaboration among libraries having the same fields and contents of information resources on social sciences and humanities, natural sciences and technology and other fields.

4. Collaboration among libraries of the types specified in Clause 1, Article 9 of the Law on Libraries.

Chapter III

IMPLEMENTATION PROVISIONS

Article 31. Transitional provisions

1. Organizations and individuals that have submitted dossiers of registration for operation of private libraries providing public library services before the effective date of this Decree but not yet obtained operation registration certificates shall continue to comply with the law effective at the time of dossier submission.

2. Libraries established before July 1, 2020, shall be consolidated to fully satisfy the conditions for establishment of libraries within 2 years from the effective date of this Decree.

Article 32. Effect

1. This Decree takes effect on October 5, 2020.

2. The Government’s Decree No. 72/2002/ND-CP of August 6, 2002, detailing the Ordinance on Libraries; the Government’s Decree No. 02/2009/ND-CP of January 6, 2009, prescribing the organization and operation of private libraries providing public library services; and Clause 5, Article 2 of the Government’s Decree No. 01/2012/ND-CP of January 4, 2012, amending, supplementing, replacing or annulling provisions concerning administrative procedures under the management of the Ministry of Culture, Sports and Tourism, cease to be effective on the effective date of this Decree.

Article 33. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related agencies, organizations and individuals shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC