Law on Publishing, Law No. 19/2012/QH13

Publication Law

(No. 19/2012/QH13)

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10;

The National Assembly promulgates the Publication Law.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides publication organization and activities; rights and obligations of agencies, organizations and individuals engaged in publication activities.

Publication activities cover the publishing, printing and distribution of publications.

Article 2. Subjects of application

This Law applies to domestic agencies, organizations and individuals, foreign organizations operating in the Vietnamese territory and foreign residents in Vietnam involved in publication activities.

Article 3. Position and purposes of publication activities

Publication activities, which belong to the field of culture and ideology, aim to disseminate and introduce knowledge on various domains of social life, values of the national culture and cultural quintessence of mankind, meet the needs of people’s spiritual life, raise their intellectual level, develop Vietnamese people’s fine ethics and lifestyle, expand cultural exchanges with other countries, promote socio-economic development, fight against all ideas and acts detrimental to national interests, and contribute to building and defending the socialist fatherland of Vietnam.

Article 4. Interpretation of terms

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

1. Publishing means organizing, exploiting and editing a manuscript into a model script for printing and distribution or for direct distribution through electronic devices.

2. Printing means using a printing equipment to create a publication from the model script.

3. Distribution means bringing a publication to users through one or many forms of purchase, sale, dispatch, donation, grant, lease, lending, export or import of, or organization of a fair or an exhibition for, that publication.

4. Publication means a political, economic, cultural, social, educational, training, scientific, technological, literary or artistic work or document which is published by a publishing house or a licensed agency or organization in different languages or in image or sound in the following forms:

a/ Print book;

b/ Braille book;

c/ Picture, photo, map, poster, leaflet, brochure;

d/ Calendar of all kinds;

e/ Audio or visual recording which can substitute or illustrate a book.

5. Manuscript means a handwritten, typewritten or electronic copy of a work or document for publishing.

6. Editing means reviewing and finalizing the contents and format of a manuscript for publishing.

7. Non-commercial document means a not-for-sale publication.

8. Electronic publishing means organizing, exploiting and editing a manuscript into a model script and using electronic devices to create an e-publication.

9. E-publication means a publication defined at Point a, c, d or e, Clause 4 of this Article which is digitally formatted and read, heard or seen through an electronic device.

10. Electronic device means a device that operates based on electric, electronic, digital, magnetic, wireless, optical, electro-magnetic technology or a similar technology provided in Clause 10, Article 4 of the E-Transaction Law.

11. Publishing and distribution of e-publications means publishing and distributing publications on electronic devices.

12. Depositing means submitting a publication for preservation, comparison, examination and appraisal.

Article 5. Guaranty of the right to disseminate works and protection of copyright and related rights

1. The State guarantees the right to disseminate works in the form of publications through publishing houses and protects copyright and related rights.

2. The State does not censor works before publication.

3. No agency, organization or person is allowed to take advantage of the right to disseminate works to harm the interests of the State or the rights and legitimate interests of other agencies, organizations or persons.

Article 6. State management of publication activities

1. State management of publication activities covers:

a/ Formulating and implementing publication development strategies, master plans and plans; promulgating according to competence legal documents on publication activities and copyright in publication activities;

b/ Organizing the reading, examination and appraisal of deposited publications;

c/ Granting and revoking permits in publication activities;

d/ Scientific research and technological application in publication activities; professional training and retraining in publication activities;

e/ International cooperation in publication activities;

f/ Inspection and examination and settling complaints and denunciations and handling law violations in publication activities;

g/ Implementing regulations on communication, reporting and statistics and commendation and disciplining work in publication activities; selecting and awarding valuable publications.

2. The Government shall perform the uniform state management of publication activities nationwide.

The Ministry of Information and Communications shall take responsibility before the Government for performing the state management of publication activities.

Ministries and ministerial-level agencies shall coordinate with the Ministry of Information and Communications in performing the state management of publication activities according to their competence.

Provincial-level People’s Committees shall perform the state management of publication activities in their localities.

Article 7. State policies on publication activities

1. The State adopts strategies and master plans to develop networks of publishing houses and publication printing and distribution establishments; supports human resource training and adopts tax incentives in accordance with law for publication activities; and adopts policies to attract social resources for publication activities.

2. State policies on publishing:

a/ To support investment funds for building and modernizing physical foundations of, applying and transferring advanced technologies and techniques to, publishing houses performing the tasks, serving the target groups and operating in the geographical areas specified at Point b of this Clause;

b/ To place orders for manuscripts and publishing works and documents to serve political, security, defense and external information tasks, people in ethnic minority areas, areas with exceptional socio-economic disadvantages, and deep-lying, remote, mountainous, border and island areas, teenagers, children and persons with visual impairment, and other essential tasks;

c/ To purchase manuscripts of valuable works for which the time for publishing is not yet appropriate or which have limited numbers of users; to support the purchase of copyrights to domestic and foreign works of value for economic, cultural or social development;

d/ To offer preferential loan interest rates in accordance with law.

3. State policies on publication printing:

a/ To support funds for building and modernizing physical foundations of, and applying and transferring advanced technologies and techniques to, printing establishments serving political, security, defense and external information tasks and printing establishments in deep-lying, remote, mountainous, border and island areas;

b/ To offer preferential rents on land used for building workshops and preferential loan interest rates for printing establishments serving political, security, defense and external information tasks and printing establishments in deep-lying, remote, mountainous, border and island areas.

4. State policies on distribution of publications:

a/ To prioritize land and funds for building physical foundations for publication distribution establishments in areas with exceptional socio-economic disadvantages and deep-lying, remote, mountainous, border and island areas;

b/ To support freights for transporting publications serving the tasks, target groups and areas specified at Point b, Clause 2 of this Article;

c/ To support funds for activities promoting the culture, country and people of Vietnam through publications; to organize publication exhibitions and fairs at home and abroad;

d/ To offer preferential rents for state-owned land and housing; and preferential loan interest rates for publication distribution establishments.

5. State policies on publishing and distribution of e-publications:

a/ To support funds for building and modernizing physical foundations of, and applying advanced technologies and techniques to, publishing houses for publishing e-publications;

b/ To build a system of specific information and database on e-publications to facilitate the search, access, management and storage of e-publications.

6. The Government shall detail this Article suitable to each development period of publication activities.

Article 8. Establishment of Vietnam-based representative offices of foreign publishing houses and foreign publication distribution organizations

1. Foreign publishing houses and foreign publication distribution organizations (including enterprises and organizations established overseas which operate in multi-business lines including publishing and distribution of publications) may establish Vietnam-based representative offices after being licensed by the Ministry of Information and Communications.

2. The Government shall specify the conditions for the establishment and operation of Vietnam-based representative offices of foreign publishing houses and foreign publication distribution organizations and procedures for the grant, change, re-grant and extension of licenses for these offices.

Article 9. Complaints and denunciations in publication activities

Complaints and denunciations in publication activities comply with the law on complaints and denunciations.

Article 10. Prohibited contents and acts in publication activities

1. To strictly prohibit the publishing, printing and distribution of publications with the following contents:

a/ Propagating against the State of the Socialist Republic of Vietnam; undermining the great national unity bloc;

b/ Propagating and inciting wars of aggression, sowing hatred among nations and peoples; instigating violence; spreading reactionary ideologies, obscene and depraved lifestyles, criminal acts, social evils, superstitious practices; undermining fine traditions and customs;

c/ Disclosing state secrets, personal secrets or other secrets prescribed by law;

d/ Distorting historical truth, negating revolutionary achievements; offending the nation, national celebrities and heroes; failing to demonstrate or improperly demonstrating national sovereignty; slandering or hurting the prestige of agencies or organizations, and honor and dignity of individuals.

2. To strictly prohibit the following acts:

a/ Publishing a publication without prior registration or without a publication decision or permit;

b/ Changing or deviating the contents of approved manuscripts or manuscripts of non-commercial documents affixed with seal of the publication licensing agency;

c/ Illegally or deceitfully printing publications or printing publications in excess of the permitted number of copies;

d/ Distributing publications which do not have a lawful origin or have not been deposited;

e/ Publishing, printing or distributing publications which have been suspended from distribution, recalled, confiscated, banned from distribution, destroyed or imported illegally;

f/ Other prohibited acts prescribed by law.

Article 11. Handling of violations in publication activities

1. An organization that violates this Law and other relevant laws shall, depending on the nature and severity of its violation, be administratively sanctioned. If causing damage, it shall pay compensation in accordance with law.

2. A person that violates this Law and other relevant laws shall, depending on the nature and severity of his/her violation, be disciplined, administratively sanctioned or examined for penal liability. If causing damage, he/she shall pay compensation in accordance with law.

3. A violating publication shall be suspended from distribution for a definite time and may be distributed after correction or shall be recalled, confiscated, banned from distribution or destroyed, depending on the nature and severity of its violation.

4. A violating e-publication shall be removed from electronic devices and, depending on the nature and severity of its violation, be handled under Clause 3 of this Article.

5. An organization or a person that infringes upon intellectual property rights in publication activities shall be handled under the law on intellectual property.

6. State management agencies of publication activities shall take responsibility for their decisions. In case of making wrong decisions and causing damage, they shall pay compensation in accordance with law.

Chapter II

PUBLISHING

Article 12. Entities eligible for establishing publishing houses and organizational forms of publishing houses

1. The following agencies and organizations may establish publishing houses (below referred to as managing agencies):

a/ State agencies, political organizations, socio-political organizations at central and provincial levels;

b/ Public non-business units and socio-political-professional organizations at central level directly creating works and scientific and academic documents.

2. Publishing houses are organized and operate as public non-business units or state-owned enterprises doing conditional business.

Article 13. Conditions for establishing publishing houses       

The establishment of a publishing house must fully meet the following conditions:

1. Having guidelines, objectives, functions, tasks, target service recipients and main publications suitable to its managing agency’s functions and tasks.

2. Having qualified persons prescribed in Article 17 of this Law for appointment of a general director (director) and an editor-in-chief and at least 5 full-time editors.

3. Having an office, financial resources and other necessary conditions to ensure its operation as stipulated by the Government.

4. Being in line with the approved master plan on development of publishing houses.

Article 14. Grant and revocation of establishment permits and suspension of operation of publishing houses

1. The managing agency shall submit a dossier of application for a publishing house establishment permit to the Ministry of Information and Communications.

A dossier comprises:

a/ An application for a publishing house establishment permit;

b/ A plan on establishment of the publishing house and documents proving satisfaction of all the conditions specified in Article 13 of this Law.

2. Within 30 days after receiving a complete dossier, the Ministry of Information and Communications shall grant a permit. In case of refusal, it shall issue a written reply clearly stating the reason.

3. After obtaining a publishing house establishment permit, the managing agency shall issue a decision to establish the publishing house and prepare other necessary conditions for its operation.

The publishing house may operate in accordance with its permit.

4. A publishing house is suspended from operation for a definite time in the following cases:

a/ After its establishment and during its operation, the managing agency and publishing house fail to satisfy all the conditions specified in Clauses 1, 2 and 3, Article 13 of this Law;

b/ The publishing house fails to comply with the provisions of its permit;

c/ The publishing house violates the publication law and is subject to the administrative sanction of operation suspension.

5. A publishing house establishment permit is revoked when:

a/ Past the operation suspension time limit, the cause of operation suspension is not remedied;

b/ Within 6 months after obtaining the permit, the managing agency fails to issue a decision to establish the publishing house;

c/ The publishing house has no publication for depositing within 12 consecutive months;

d/ The conditions provided in Article 13 of this Law are not met, causing serious consequences;

e/ Serious violations of other laws are committed.

6. When a publishing house establishment permit is revoked under Point a, c, d or e, Clause 5 of this Article, the managing agency shall dissolve the publishing house in accordance with law.

Article 15. Change of publishing house establishment permits

1. Within 30 days after occurrence of a change below, the managing agency shall request the Ministry of Information and Communications to change its publishing house establishment permit:

a/ Change of the managing agency, name of the managing agency or name of the publishing house;

b/ Change of the organizational form of the publishing house;

c/ Change of guidelines, objectives, target service recipients or main publications of the publishing house.

2. A dossier of request for change of a publishing house establishment permit comprises:

a/ An application for change of a permit;

b/ The granted publishing house establishment permit.

3. Within 15 days after receiving a complete dossier, the Ministry of Information and Communications shall change the publishing house establishment permit. In case of refusal, it shall issue a written reply clearly stating the reason.

4. In case of relocation of its office, the publishing house shall send a notice to the Ministry of Information and Communications within 7 working days after such relocation.

Article 16. Tasks and powers of managing agencies

1. To assure the conditions provided in Article 13 of this Law.

2. To appoint, remove from office and dismiss holders of managerial titles provided in Article 17 of this Law after obtaining written approval of the Ministry of Information and Communications.

3. To orientate annual publication plans of their publishing houses.

4. To direct the realization of the operational guidelines, objectives and orientations of their publishing houses; to supervise their publishing houses in complying with their establishment permits.

5. To inspect and examine the operation of their publishing houses according to their competence;

6. To take responsibility for their publishing houses’ law violations in publication activities according to their tasks and powers.

Article 17. Criteria of the general director (director) and editor-in-chief of a publishing house

1. Criteria of the general director (director) of a publishing house:

a/ Being a Vietnamese citizen; permanently residing in Vietnam; and having good political and ethical qualities;

b/ Holding a bachelor or higher degree;

c/ Having worked for at least 3 years as an editor or a publication or press manager or a manager at the managing agency;

d/ Satisfying other criteria prescribed by law.

2. Criteria of the editor-in-chief of a publishing house:

a/ Possessing an editing practice certificate;

b/ Having worked for at least 3 years as an editor at a publishing house or press agency;

c/ Satisfying other criteria prescribed by law.

3. For a publishing house organized and operating as a state-owned enterprise doing conditional business which has the chairman of the Members’ Council or company president, that chairman or president must concurrently act as the general director (director) of the publishing house.

Article 18. Tasks and powers of the general director (director) and editor-in-chief of a publishing house

1. The general director (director) of a publishing house has the following tasks and powers:

a/ To manage the operation of the publishing house in strict accordance with the guidelines, objectives, functions and tasks specified in the publishing house establishment permit and decision;

b/ To build the publishing house’s organizational apparatus and personnel;

c/ To organize the publication registration with the Ministry of Information and Communications under Article 22 of this Law;

d/ To organize the appraisal of works and documents provided in Article 24 of this Law and other works and documents when so requested by state management agencies of publication activities;

e/ To sign joint publication contracts prescribed at Point b, Clause 3, Article 23 of this Law before signing publication decisions;

f/ To sign approval decisions for finalized manuscripts before printing;

g/ To sign a publication decision for each publication in line with the publication registration certificate, including the increase of printed copies;

h/ To sign approval decisions for publications before distribution;

i/ To set and adjust retail prices of publications in accordance with law;

j/ To organize the preservation of manuscript editing dossiers and related documents for every publication in accordance with law;

k/ To modify, suspend distribution, recall or destroy publications when so requested by competent state agencies;

l/ To report on publication activities when so requested by state management agencies of publication activities;

m/ To ensure that no contents of works or documents are disclosed or missed before distribution to guarantee the interests of authors and copyright owners;

n/ To manage assets and physical foundations of the publishing house;

o/ To take responsibility before law and the managing agency for publications and all activities of the publishing house.

2. The editor-in-chief of a publishing house has the following tasks and powers:

a/ To assist the general director (director) in directing the organization of manuscripts;

b/ To organize the editing of manuscripts;

c/ To read and sign for approval every manuscript before submitting it to the general director (director) of the publishing house for signing the publication decision;

d/ To neither disclose nor miss the contents of works or documents before distribution which can affect the interests of authors and copyright owners.

e/ To take responsibility before the general director (director) of the publishing house and law for the contents of publications of the publishing house.

Article 19. Criteria, tasks and powers of editors

1. Criteria of an editor:

a/ Being a Vietnamese citizen; permanently residing in Vietnam; having good political and ethical qualities;

b/ Holding a bachelor or higher degree;

c/ Having completed retraining courses on the publication law and editing skills under regulations of the Minister of Information and Communications;

d/ Possessing an editing practice certificate granted by the Ministry of Information and Communications.

2. An editor has the following tasks and powers:

a/ To edit manuscripts;

b/ To refuse to edit works and documents with contents showing signs of violating Clause 1, Article 10 of this Law, and to report such in writing to the general director (director) and editor-in-chief of the publishing house;

c/ To be named in publications he/she has edited;

d/ To attend regular training courses on the publication law and editing skills held by state management agencies of publication activities;

e/ To neither disclose nor miss the contents of works and documents before distribution which can affect the interests of authors and copyright owners;

f/ To take responsibility before the editor-in-chief of the publishing house and law for the contents of publications he/she has edited.

Article 20. Grant, revocation and re-grant of editing practice certificates

1. A dossier of application for an editing practice certificate comprises:

a/ An application for an editing practice certificate, made according to a set form;

b/ A resume, made according to a set form;

c/ Certified copies of diplomas;

d/ The certificate of training in the publication law and editing skills granted by the Ministry of Information and Communications.

2. Within 15 days after receiving a complete dossier, the Ministry of Information and Communications shall grant an editing practice certificate. In case of refusal, it shall issue a written reply clearly stating the reason.

3. An editing practice certificate is revoked in the following cases:

a/ The publication edited by the editor is banned from distribution, recalled, confiscated or destroyed;

b/ In a year, two publications edited by the editor or in 2 consecutive years publications edited by the editor contain violating contents which must be corrected before distribution;

c/ The editor is sentenced under an effective court judgment.

4. An editor who has his/her editing practice certificate revoked may only be considered for re-grant of such certificate 2 years after the revocation, except for those sentenced under effective court judgments for very serious or extremely serious crimes or crimes of infringing national security.

5. Editing practice certificates may be re-granted in case of loss or damage.

Article 21. Copyright in publication

The publication of works and documents and re-printing of publications may be made only after obtaining written consent of the authors and copyright owners in accordance with law.

Article 22. Publication registration and certification of publication registration

1. Before publishing a work or document or re-printing a publication, a publishing house shall make a written publication registration with the Ministry of Information and Communications according to a set form. Publication registration contents must conform with the guidelines, objectives, functions and tasks of the publishing house.

2. Within 7 working days after receiving a publishing house’s written publication registration, the Ministry of Information and Communications shall issue a publication registration certificate. In case of refusal, it shall issue a written reply clearly stating the reason.

3. The publication registration certificate serves as the basis for the publishing house to issue a publication decision and is valid through December 31 of the year of registration certification.

Article 23. Joint publication activities

1. A publishing house may join the following organizations and individuals (below referred to as partners) in publishing a publication:

a/ Authors or copyright owners;

b/ Publishing houses, publication printing or distribution establishments;

c/ Other organizations with legal entity status.

2. Joint publication between a publishing house and partners covers:

a/ Exploitation of manuscripts;

b/ Preliminary editing of manuscripts;

c/ Printing of publications;

d/ Distribution of publications.

3. Joint publication may be conducted only when the following conditions are fully met:

a/ The author or copyright owner makes written consent for the joint publication of the concerned work or document in accordance with the law on intellectual property;

b/ The publishing house and its partner sign a joint publication contract which must contain basic contents prescribed by the Minister of Information and Communications;

c/ In case of joint preliminary editing of manuscripts, in addition to the conditions specified at Points a and b of this Clause, the partner has editors.

4. A publishing house may not organize the joint preliminary editing of manuscripts of works or documents with contents related to political theory, history, religion, national sovereignty or memoirs.

5. Responsibilities of the general director (director) of a publishing house for joint publication:

a/ To decide on the partner, form of joint publication and entry into the joint publication contract for each publication. In case of joining the same partner to publish different publications, to enter into a single joint publication contract which must clearly state the form of joint publication for each publication;

b/ To strictly perform joint publication contracts; to ensure that the contents of joint publications conformable with the guidelines, objectives, functions and tasks of the publishing house;

c/ To organize the final editing of manuscripts of works and documents preliminarily edited by partners;

d/ To take responsibility before law for joint publication activities and joint publications;

e/ To withdraw publication decisions when partners violate joint publication contracts;

f/ To perform other tasks and powers provided in Clause 1, Article 18 of this Law.

6. Responsibilities of the editor-in-chief of a publishing house for joint publication:

a/ To assist the general director (director) of the publishing house in organizing the final editing of manuscripts of works and documents preliminarily edited by partners; to read and approve manuscripts of works and documents for joint publication;

b/ To perform other tasks and powers specified in Clause 2, Article 18 of this Law.

7. Responsibilities of a partner:

a/ To observe the joint publication contract;

b/ To strictly follow the contents of the manuscripts which have been signed for approval by the general director (director) of the publishing house for printing or distribution on electronic devices;

c/ To inscribe its name and address on the publication under Point b, Clause 1, and Point b, Clause 2, Article 27 of this Law;

d/ To submit the joint publication for the publishing house to deposit;

e/ To distribute the joint publication only after the general director (director) of the publishing house signs the decision to  approve its distribution;

f/ To correct, suspend distribution, recall or destroy the publication when so requested by competent state management agencies;

g/ To take responsibility before law for joint publication activities and joint publications.

Article 24. Works and documents subject to content appraisal prior to re-printing

The following works and documents whose contents show signs of violating Clause 1, Article 10 of this Law, must be appraised by the publishing house before registering publication for re-printing:

1. Works and documents published before the August 1945 Revolution; works published in the 1945-1954 period in the temporarily occupied regions.

2. Works and documents published in the period from 1954 to April 30, 1975 in South Vietnam without permits of the Provisional Revolutionary Government of the Republic of South Vietnam.

3. Works and documents published overseas.

Article 25. Licensing of publication of non-commercial documents

1. The publication of non-commercial documents not by publishing houses must be licensed by the following state management agencies of publication activities:

a/ The Ministry of Information and Communications shall grant permits for publication of non-commercial documents to central agencies and organizations and foreign organizations;

b/ Provincial-level People’s Committees shall grant permits for publication of non-commercial documents to other agencies and organizations with legal entity status, and local branches and representative offices of central agencies and organizations.

2. Non-commercial documents must be relevant to the functions and tasks of agencies or organizations applying for publication permits.

3. The Government shall provide a list of non-commercial documents eligible for publication licensing.

4. An agency or organization applying for a permit for publication of a non-commercial document shall submit a dossier to a state management agency of publication activities specified in Clause 1 of this Article and pay the fee for document appraisal for licensing. A dossier comprises:

a/ An application for a permit;

b/ Three manuscripts of the document; Vietnamese translation, for a document in a foreign language. For a document to be electronically published, its entire content must be stored in a digital device;

c/ A certified copy of the operation license granted by a competent Vietnamese state management agency, for a foreign organization.

5. Within 15 days after receiving a complete dossier, the state management agency of publication activities specified in Clause 1 of this Article shall grant a publication permit, affix its seal on three manuscripts of the document, keep a copy and return the other two to the applying organization. In case of refusal, it shall issue a written reply clearly stating the reason.

6. Agencies and organizations licensed to publish non-commercial documents shall:

a/ Comply with their granted permits;

b/ Assure that the contents of published documents are exactly the same as those of the licensed manuscripts;

c/ Inscribe information on publications in accordance with Article 27 of this Law;

d/ Deposit documents and submit their copies to the Vietnam National Library in accordance with Article 28 of this Law;

e/ Correct, suspend distribution of, recall or destroy published documents when so requested by competent state agencies;

f/ Take responsibility before law for published documents.

Article 26. Publication of works and documents of foreign organizations and individuals in Vietnam

1. The publication of works and documents of foreign organizations and individuals for commercial purposes in Vietnam must be made by Vietnamese publishing houses.

2. The publication of non-commercial documents of foreign organizations in Vietnam not by Vietnamese publishing houses complies with Article 25 of this Law.

Article 27. Information inscribed on a publication

1. The information below must be inscribed on a publication being a book:

a/ The book’s title, the name of the author or compiler, the chief editor’s name (if any), the full name of the translator (if it is a translated book) or the transcriber (if it is a book transcribed from Nom (Chinese-transcribed Vietnamese); the name of the publishing house or agency or organization licensed for publication;

b/ The name and address of the joint publication organization or person (if any); full name of the editor (if any); the year of publication, the ordinal number of the book volume; for a translated book, the original title; if the book is translated from a version in a language other than that of the original, that language must be specified;

c/ The full name and title of the general director (director) responsible for publication; the full name and title of the editor-in-chief responsible for the content; the full name(s) of the editor(s); the book size, the serial number of the publication registration certificate, the serial number of the publishing house general director (director)’s publication decision or the publication permit issued by the state management agency of publication activities; the designer’s full name, the illustrator’s full name, the technical editor’s full name; the proof-reader’s full name; the number of printed copies, the printing establishment’s name and address; the time of depositing; the international standard book number (ISBN);

d/ The retail price, for a book for sale; the phrase “book on state order”, for a book published under a state order; the phrase “book not for sale”, for a non-commercial book.

2. The information below must be inscribed on a publication other than a book:

a/ The publication’s title, the name of the publishing house or agency or organization licensed for publication;

b/ The name and address of the joint publication organization or person (if any); the serial number of the publication registration certificate, the serial number of the publishing house general director (director)’s publication decision or of the publication permit issued by the state management agency of publication activities; the number of printed copies, the printing establishment’s name and address;

c/ The retail price, for a publication for sale; the phrase “publication on state order”, for a publication ordered by the State; the phrase “publication not for sale”, for a non-commercial publication.

3. The information specified at Point a, Clause 1 of this Article must be inscribed on the front cover of the book which must contain no other information. The information specified at Point c, Clause 1 of this Article must be inscribed on the same page. The information specified at Point d, Clause 1 of this Article must be inscribed on the back cover of the book.

4. The publishing house general director (director) shall decide on the positions for inscribing the information specified at Point b, Clause 1 of this Article on a publication, except the cases specified in Clause 6 of this Article.

5. In addition to the information specified in Clauses 1 and 2 of this Article, an e-publication must contain the information for management of e-publications under regulations of the Minister of Information and Communications.

6. For a book whose front cover contains the image of the national flag, national emblem, party flag, or map of Vietnam, or the portrait of a leader or the head of the Party or the State, the names of the author, compiler, chief editor, translator and inscriber must not be printed on that image or portrait.

Article 28. Depositing of publications and submission of publications to the Vietnam National Library

1. At least 10 days before a publication is distributed, its copies must be deposited at the state management agency of publication activities. Publications must be deposited according to the following provisions:

a/ Publishing houses or agencies or organizations licensed for publication by the Ministry of Information and Communications shall deposit 3 copies of each publication at the Ministry of Information and Communications; for publications with less than 300 printed copies each, 2 copies must be deposited;

b/ Agencies or organizations licensed for publication by provincial-level People’s Committees shall also deposit 2 copies of each publication at provincial-level People’s Committees and one copy at the Ministry of Information and Communications; for publications with less than 300 printed copies each, one copy must be deposited at the provincial-level People’s Committee and one copy at the Ministry of Information and Communications;

c/ For publications re-printed without any modifications, one copy must be deposited at the Ministry of Information and Communications; in case of any modifications, the depositing complies with Points a and b of this Clause;

d/ For publications with state secret contents prescribed by law, only a depositing declaration is required;

e/ The Minister of Information and Communications shall detail the depositing procedures.

2. Within 45 days after a publication is distributed, the concerned publishing house or the agency or organization licensed for publication shall deposit 3 copies of the publication to the Vietnam National Library; for a publication with less than 300 printed copies, 2 copies shall be deposited.

Article 29. Reading and examination of deposited publications and competence to handle violating publications

1. The Ministry of Information and Communications shall organize the reading of deposited publications and handle violating publications in accordance with this Law and relevant laws.

2. Provincial-level People’s Committees shall organize the reading of deposited publications for which they have granted publication permits and handle violating publications in accordance with this Law and relevant laws.

3. The Minister of Information and Communications shall assume the prime responsibility for, and coordinate with the Minister of Finance in, prescribing the regime of remuneration for persons reading, examining and appraising deposited publications.

Article 30. Advertisements in publications  

1. Advertisements are prohibited on administrative maps.

2. Advertisements on block calendars comply with the following provisions:

a/ The area for advertisement must not exceed 20% of the area of each calendar sheet; advertising contents and images must conform with Vietnamese fine customs and practices and other provisions of law on advertising;

b/ Advertisements are prohibited on calendars sheets of the dates of national holidays and large national anniversaries.

3. Advertisements in publications other than those specified in Clauses 1 and 2 of this Article comply with the law on advertising.

Chapter III

PRINTING OF PUBLICATIONS

Article 31. Operation of publication printing establishments

1. A printing establishment may print publications only after obtaining a publication printing permit.

2. Printing establishments may only print publications under Article 33 of this Law.

Article 32. Grant, change, re-grant and revocation of publication printing permits

1. Conditions for obtaining a publication printing permit include:

a/ The head of the printing establishment is a Vietnamese citizen who permanently  resides in Vietnam, is professionally qualified for publication printing management, and meet other criteria prescribed by law;

b/ Having production space and equipment for performing one or all of the stages of layout, printing and post-printing processing of publications;

c/ Meeting security, order and environmental sanitation requirements prescribed by law;

d/ Conforming with the master plan on development of publication printing establishments.

2. A dossier of application for a publication printing permit comprises:

a/ An application for a publication printing permit, made according to a set form;

b/ A certified copy of the business registration certificate, enterprise registration certificate, investment certificate or establishment decision of the printing establishment;

c/ Documents proving the possession of production space and equipment for performing one of the stages of layout, printing and post-printing processing of publications;

d/ The resume of the head of the printing establishment, made according to a set form;

e/ A certified copy of the diploma granted by a professional printing training institution or the certificate of retraining in publication printing management granted by the Ministry of Information and Communications;

f/ Certifies copies of the certificate of eligibility for security and order and certificate of eligibility for environmental sanitation granted by competent state agencies.

3. Competence to license publication printing operation:

a/ The Ministry of Information and Communications shall license printing establishments of central agencies and organizations;

b/ Provincial-level People’s Committees shall license local printing establishments.

4. Within 15 days after receiving a complete and valid dossier, the state management agency of publication activities specified in Clause 3 of this Article shall grant a publication printing permit. In case of refusal, it shall issue a written reply clearly stating the reason.

5. A publication printing permit may be re-granted in case of loss or damage.

6. Within 15 days after a printing establishment changes its name or address, establishes a branch or is split or merged, it shall carry out procedures to change its publication printing permit.

7. Within 15 days after a printing establishment changes its head, it shall send a notice of such change to the publication printing licensing agency and send a dossier as prescribed at Points a, d and e, Clause 2 of this Article.

8. A publication printing permit is revoked when:

a/ The publication printing establishment fails to satisfy all the conditions specified at Points a, b and c, Clause 1 of this Article in the course of its operation;

b/ The printing establishment has a change specified in Clause 6 of this Article without carrying out procedures to change its permit.

9. The Minister of Information and Communications shall detail the procedures for grant, change, re-grant and revocation of publication printing permits and certificates of retraining in publication printing management.

Article 33. Conditions for printing publications

1. The printing of a publication complies with the following provisions:

a/ For a publication published by a publishing house, the original publication decision and the manuscript signed for approval by the general director (director) of the publishing house are required;

b/ For a non-commercial document of a Vietnamese or foreign agency or organization, which is not published by a publishing house, the original publication permit and the manuscript affixed with the seal of the licensing agency specified in Article 25 of this Law are required;

c/ For a publication printed for a foreign party, the subcontracted printing permit and the specimen of the publication ordered for printing affixed with the seal of the licensing agency specified in Article 34 of this Law are required.

2. The printing of a publication must has a lawful contract between the printing establishment and the publishing house or the agency or organization licensed for printing non-commercial documents.

3. The number of printed copies of a publication must be indicated in the printing contract and conform with the publication decision or the permit for publication of non-commercial documents.

Article 34. Subcontracted printing of publications for foreign organizations and individuals

1. Printing establishments with publication printing permits specified in Article 32 of this Law may print publications for foreign organizations and individuals.

Such printing must be licensed by the Ministry of Information and Communications or provincial-level People’s Committees.

2. Contents of publications printed for foreign parties must not violate Clause 1, Article 10 of this Law.

3. A permit application dossier comprises:

a/ An application for a permit for subcontracted printing for a foreign organization or individual, made according to a set form;

b/ Two specimens of the publication ordered for printing;

c/ A certified copy of the publication printing permit;

d/ A certified copy of the contract on subcontracted printing of the publication for a foreign organization or individual. In case the contract is in a foreign language, its Vietnamese translation is required;

e/ A copy of the valid passport of the person ordering the printing or the letter of authorization and identity card of the person authorized to order the printing.

4. Within 10 days after receiving a complete and valid dossier, the Ministry of Information and Communications or the provincial-level People’s Committee shall grant a permit and affix its seal on the two specimens and return one to the printing establishment. In case of refusal, it shall issue a written reply clearly stating the reason.

5. Directors of printing establishments shall take responsibility before law for subcontracted printing of publications. Organizations and individuals ordering subcontracted printing shall take responsibility for the copyright of publications ordered for subcontracted printing.

6. All publications printed for foreign organizations and individuals must be exported. In case of distribution or use in Vietnam, publication import procedures must be carried out in accordance with this Law.

Article 35. Responsibilities of the head of a publication printing establishment

1. To comply with Articles 31, 32 and 33, and Clauses 1, 2, 4 and 5, Article 34 of this Law; to keep and manage dossiers of publication printing under regulations of the Minister of Information and Communications.

2. To report on its publication printing activities at the request of state management agencies of publication activities.

3. To attend retraining courses on publication printing operations held by state management agencies of publication activities.

4. When detecting a publication violating Clause 1, Article 10 of this Law, to stop printing that publication and report such to a competent state management agency and concurrently notify the publishing house or agency, organization or individual that orders the printing.

5. To take responsibility before law for publication printing activities of his/her establishment.

Chapter IV

DISTRIBUTION OF PUBLICATIONS

Article 36. Publication distribution activities

1. Publication distribution establishments include enterprises, public non-business units and publication trading households (below referred to as distribution establishments).

Publishing houses may establish publication distribution establishments.

2. Distribution establishments being enterprises or public non-business units shall register operation with state management agencies of publication activities in accordance with Clause 1, Article 37 of this Law.

3. Operation conditions for a distribution establishment being an enterprise or a public non-business unit:

a/ The head of the distribution establishment permanently resides in Vietnam and has a diploma or certificate of retraining in publication distribution granted by a professional publication distribution training institution;

b/ Having a business registration certificate, enterprise registration certificate or a decision on establishment of the public non-business unit in accordance with law;

c/ Having a place for publication business.

4. Operation conditions for a distribution establishment being a business household:

a/ The household owner permanently resides in Vietnam;

b/ Having a business registration certificate;

c/ Having a place for publication business.

Article 37. Registration of publication distribution

1. Prior to its operation, a distribution establishment being an enterprise or a public non-business unit shall register publication distribution operation with a state management agency of publication activities according to the following provisions:

a/ To register with the Ministry of Information and Communications, for a distribution establishment having its head office and branches based in two or more provinces or centrally run cities;

b/ To register with the provincial-level People’s Committee, for a distribution establishment having its head office and branches based within a province or centrally run city.

2. The Minister of Information and Communications shall prescribe the procedures and dossiers of registration for publication distribution operation.

Article 38. Grant of publication import business permits

1. Domestic and foreign organizations and individuals may import publications into Vietnam in accordance with Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party.

2. Publication import businesses (below referred to as publication importers) must obtain a publication import business permit granted by the Ministry of Information and Communications.

3. Conditions for obtaining a publication import business permit include:

a/ Possessing a business registration certificate, enterprise registration certificate or investment certificate in accordance with law;

b/ The head of the importer resides in Vietnam and possesses a diploma or certificate of retraining in publication distribution granted by the Ministry of Information and Communications;

c/ Having staff members qualified for book content appraisal, for book importers.

4. A dossier of application for a publication import business permit comprises:

a/ An application for a publication import business permit;

b/ A certified copy of one of the papers specified at Point a, Clause 3 of this Article;

c/ The resume of the head of the importer together with a certified copy of his/her diploma or certificate specified at Point b, Clause 3 of this Article;

d/ A list of staff members for book content appraisal, in case of book import business.

5. Within 30 days after receiving a dossier of application, the Ministry of Information and Communications shall grant a publication import business permit. In case of refusal, it shall issue a written reply clearly stating the reason.

6. The Government shall detail this Article.

Article 39. Registration of import of publications for commercial purposes

1. The import of publications for commercial purposes must be conducted by publication importers.

2. Prior to its import, a publication importer shall submit an import registration dossier to the Ministry of Information and Communications and pay a fee in accordance with law. The Ministry of Information and Communications shall stipulate in detail the publication import registration dossier.

3. With 15 days after receiving a publication import registration dossier, the Ministry of Information and Communications shall issue a publication import registration certificate. In case of refusal, it shall issue a written reply clearly stating the reason.

4. When there is a change in the information in a certified publication import registration dossier, a publication importer shall send a report on such change to and concurrently register new information (if any) with the Ministry of Information and Communications for certification of additional registration.

5. The Ministry of Information and Communications’ registration certificate serves a legal basis for the publication importer to carry out import procedures with the customs office and is valid until the import procedures are completed.

6. When detecting contents of an imported publication with signs of violation of Vietnamese law, the Ministry of Information and Communications may refuse to certify its registration or request appraisal of that publication before certifying the import registration.

Article 40. Responsibilities of the head of a publication distribution establishment or publication importer

1. To comply with Articles 36, 37, 38 and 39 of this Law in the course of operation.

2. To comply with the publication import permit and the publication import registration certificate; to distribute publications as registered.

3. To report on the establishment’s operation at the request of state management agencies of publication activities.

4. To neither store nor distribute publications with contents specified in Clause 1, Article 10 of this Law or publications without invoices or documents showing their lawful origin or publications which are suspended from distribution, recalled, confiscated, banned from distribution or destroyed; not to trade in not-for-sale publications or publications printed for foreign parties.

5. To stop the distribution and import of publications with contents specified in Clause 1, Article 10 of this Law and report such to competent state agencies.

6. For publication importers, to organize the content appraisal of imported publications before distribution and take responsibility before law for imported publications.

7. To attend training and retraining courses on the publication law held by state management agencies of publication activities.

8. To take responsibility before law for the operation of his/her establishment.

Article 41. Licensing of import of non-commercial publications

1. The import of non-commercial publications by Vietnamese agencies, organizations and individuals, foreign organizations operating in the territory of Vietnam and resident foreigners in Vietnam must be licensed by a state management agency of publication activities, except the case provided in Article 42 of this Law, and is subject to a fee in accordance with law.

2. Before importing a non-commercial publication, an agency, organization or individual shall make an import permit application according to a set form and send it to:

a/ The Ministry of Information and Communications or the Hanoi People’s Committee, for central agencies and organizations or Hanoi-based foreign organizations;

b/ The provincial-level People’s Committee of the locality in which its head office is based or the locality with the border gate through which the publication is imported.

3. A dossier of application for a non-commercial publication import permit comprises:

a/ An application made according to a set form;

b/ A list of imported publications made according to a set form.

4. Within 15 days after receiving a complete dossier, a competent state management agency shall grant a permit. In case of refusal, it shall issue a written reply clearly stating the reason.

5. When detecting a to-be-imported publication with signs of violation of Vietnamese law, the state management agency of publication activities may refuse to grant an import permit or request the agency, organization or individual applying for an import permit to provide a copy of the publication for content appraisal as a basis for decision to grant an import permit.

6. The content appraisal of a publication with signs of violation of Vietnamese law for decision to grant a non-commercial publication import permit must be conducted as follows:

a/ The import licensing agency forms a council for appraisal of each publication within 15 days after receiving the to-be-imported publication for appraisal. This council is composed of qualified appraisers;

b/ The time limit for appraising a publication is 9 working days from the date of establishment of the appraisal council;

c/ Appraisal results must be made in writing, clearly stating the publication’s contents violate or do not violate this Law and relevant laws.

7. The Minister of Information and Communications shall stipulate in detail the appraisal of imported publications and coordinate with the Minister of Finance in prescribing costs of content appraisal of imported publications.

Article 42. Cases of import of non-commercial publications without licensing requirements

1. Agencies, organizations or individuals are not required to apply for an import permit for non-commercial publications and shall only carry out customs procedures in accordance with the customs law when importing the following publications:

a/ Documents of international seminars or conferences in Vietnam which have been licensed by competent Vietnamese agencies;

b/ Publications being property of agencies, organizations, families or individuals for private use;

c/ Publications within the carry-on luggage allowance of persons on entry for personal use;

d/ Publications donated to agencies, organizations or individuals sent by post or delivery service the value of which does not exceed the duty-free quota prescribed by law.

2. The import of publications by agencies, organizations and individuals entitled to diplomatic privileges and immunities complies with the laws on customs and privileges and immunities for foreign diplomatic missions, consular offices and representative offices of international organizations in Vietnam and treaties to which Vietnam is a contracting party.

3. Publications specified at Points a and b, Clause 1 of this Article must be re-exported after use. In case of transfer to other agencies, organizations or individuals in Vietnam, those agencies, organizations or individuals shall carry out import procedures in accordance with Article 41 of this Law.

For publications specified at Points c and d, Clause 1 of this Article with a value exceeding the duty-free quota, an import permit must be applied for in accordance with Article 41 of this Law.

Publications specified in Clause 1 of this Article may not be traded in any form.

4. Agencies, organizations or individuals shall take responsibility before law for their imported publications.

5. Publications with contents violating Clause 1, Article 10 of this Law may not be introduced into Vietnam in any form.

Article 43. Export of publications

Publications which are lawfully published and distributed in Vietnam may be exported abroad.

Article 44. Publication exhibitions and fairs

1. The organization of publication exhibitions or fairs in Vietnam by Vietnamese or foreign agencies, organizations or individuals must be licensed by a state management agency of publication activities.

2. Competence to license publication exhibitions and fairs:

a/ The Ministry of Information and Communications shall grant permits to central agencies and organizations; and foreign organizations and individuals;

b/ Provincial-level People’s Committees shall grant permits to agencies and organizations based in their localities and individuals residing in their localities; branches, representative offices and attached units of central agencies and organizations based in their localities.

3. A dossier of application for a permit for a publication exhibition or fair comprises:

a/ An application for a permit, clearly stating the purpose, time and venue of, and names of units participating in, the exhibition or fair;

b/ A list of publications to be displayed at the exhibition or fair, made according to a set form.

4. Within 10 working days after receiving a complete dossier, the competent agency provided in Clause 2 of this Article shall grant a permit for the publication exhibition or fair. In case of refusal, it shall issue a written reply clearly stating the reason.

5. Agencies, organizations or individuals licensed to organize publication exhibitions or fairs shall:

a/ Comply with the contents of their permits;

b/ Examine and appraise contents of publications before displaying, introducing and distributing them at the exhibitions or fairs;

c/ Not introduce publications with contents specified in Clause 1, Article 10 of this Law into exhibitions or fairs; or publications which have been suspended from distribution, recalled, confiscated, banned from distribution or destroyed or publications without invoices and documents showing their lawful origin;

d/ Take responsibility before law for the contents of publications introduced into exhibitions and fairs and the organization of publication exhibitions or fairs.

6. A state management agency of publication activities may refuse to license a publication exhibition or fair or request the organization or individual applying for a permit to remove the publications below from the list of publications for display at the publication exhibition or fair:

a/ Publications with signs of violation of Article 10 of this Law;

b/ Publications without lawful origin;

c/ Publications which have been suspended from distribution, recalled, confiscated, banned from distribution or destroyed.

Chapter V

PUBLISHING AND DISTRIBUTION OF E-PUBLICATIONS

Article 45. Conditions for publishing and distributing e-publications

1. E-publications must be published by publishing houses or agencies or organizations licensed for publishing non-commercial documents and comply with this Law.

A publishing house may publish e-publications when fully meeting the following conditions:

a/ Having equipment, technologies and technical personnel for operating and managing the process of publishing e-publications;

b/ Having technical measures in accordance with regulations of state management agencies to prevent the unlawful copying of and interference in the contents of publications;

c/ Having an internet domain name of Vietnam in accordance with law for publishing e-publications on the internet;

d/ Having registered e-publishing operation with a state management agency of publication activities.

2. An agency, organization or individual distributing e-publications must fully meet the following conditions:

a/ Having equipment, technologies and technical personnel for operating and managing the process of distributing e-publications;

b/ Having technical measures in accordance with regulations of state management agencies to prevent the unlawful copying of and interference in the contents of publications;

c/ Having an internet domain name of Vietnam in accordance with law for distributing e-publications on the internet;

d/ Having registered e-publication distribution operation with a state management agency of publication activities.

Article 46. Modes of publishing and distributing e-publications

1. The electronic publishing of a work or document published for the first time must be made by a publishing house or licensed by a state management agency under Article 25 of this Law.

2. A publication which has been published, printed and distributed lawfully may be distributed on electronic devices.

3. The publishing and distribution of e-publications specified in Clauses 1 and 2 of this Article may be conducted only after obtaining written consent of the authors or copyright owners under the law on intellectual property.

4. The transformation of an e-publication into a printed one for public dissemination must comply with this Law and the law on intellectual property.

Article 47. Techniques and technologies for publishing and distributing e-publications

Agencies, organizations and individuals publishing and distributing e-publications shall:

1. Comply with technical regulations and guidance of state management agencies on e-publications.

2. Observe the laws on telecommunications, information technology, e-commerce and e-transactions and other relevant laws.

Article 48. Depositing of e-publications and submission of e-publications to the Vietnam National Library

1. Publishing houses and organizations licensed for publishing non-commercial documents shall deposit e-publications at state management agencies of publication activities specified in Article 28 of this Law and submit e-publications to the Vietnam National Library.

2. State management agencies of publication activities may only use deposited e-publications for their management work.

3. The Vietnam National Library shall keep and may only use e-publications for serving its readers in accordance with law.

Article 49. Advertisements in e-publications

Advertisements in e-publications comply with the following provisions:

1. To neither mix advertisements with the contents nor interrupt the contents of e-publications in any form.

2. To comply with the law on advertising and other relevant laws.

Article 50. Responsibilities of agencies, organizations and individuals publishing and distributing e-publications

1. A publishing house and its general director (director), editor-in-chief and editors shall:

a/ Comply with Articles 18, 19, 21, 22, 23, 24, 27, 45, 46, 47, 48, 49 and 52 of this Law;

b/ Assure that e-publications are published with the same contents of their deposited copies;

c/ Take technical measures to prevent the interference in the contents of publications or remove violating publications at the request of competent state agencies;

d/ Stop distributing publications when so requested by state management agencies of publication activities;

e/ Examine and supervise the contents of joint publications.

2. A partner shall:

a/ Comply with Articles 23, 45, 46, 47 and 49 of this Law;

b/ Strictly follow the contents of manuscripts already signed for approval by the general director (director) of the publishing house;

c/ Take technical measures to prevent the interference in the contents of publications or remove violating publications at the request of competent state agencies;

d/ Stop distributing publications when so requested by state management agencies of publication activities.

3. An agency, organization or individual distributing publications shall:

a/ Comply with Article 46 of this Law and Points b, c and d, Clause 2 of this Article;

b/ Comply with the written consent of authors or copyright owners;

c/ Take responsibility before law for the distribution of e-publications.

4. An agency or organization licensed for publishing non-commercial e-documents shall:

a/ Comply with Clause 6, Article 25 of this Law;

b/ Take technical measures to prevent the interference in the contents of publications or remove violating publications at the request of competent state agencies.

5. A provider of intermediary services on the internet environment and telecommunications network in Vietnam shall:

a/ Comply with Points c and d, Clause 2 of this Article;

b/ Comply with the law on intellectual property or request its service users to comply with the law on intellectual property when distributing e-publications.

Article 51. Import of e-publications

Establishments distributing and importing e-publications for sale or dissemination must be licensed by state management agencies of publication activities in accordance with this Law and other relevant laws.

Article 52. Detailed stipulation on publishing and distribution of e-publications

The Government shall stipulate in detail the publishing and distribution of e-publications suitable to each technological development period.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 53. Effect

This Law takes effect on July 1, 2013, and replaces Publication Law No. 30/2004/QH11 which was amended and supplemented under Law No. 12/2008/QH12.

Article 54. Implementation detailing and guidance

The Government and competent agencies shall detail articles and clauses of this Law as assigned.

This Law was passed on November 20, 2012, by the XIIIth National Assembly of the Socialist Republic of Vietnam at its 4th session.-

Chairman of the National Assembly
NGUYEN SINH HUNG