Law amending the Publication Law 2008, No.12/2008/QH12

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ATTRIBUTE Law amending the Publication Law 2008

Law No.12/2008/QH12 dated June 3, 2008 of the National Assembly amending and supplementing a number of Articles of the Publication Law
Issuing body: National Assembly of the Socialist Republic of VietnamEffective date:
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Official number:12/2008/QH12Signer:Nguyen Phu Trong
Type:LawExpiry date:
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Issuing date:03/06/2008Effect status:
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Fields:Information - Communications
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THE STATE PRESIDENT

ORDER No. 07/2008/L-CTN OF JUNE 12, 2008, ON THE PROMULGATION OF LAW

THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to Articles 103 and 106 of the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001, of the Xth National Assembly, the 10th session;

Pursuant to Article 91 of the Law on Organization of the National Assembly;

Pursuant to Article 50 of the Law on Promulgation of Legal Documents,

PROMULGATES:

the Law Amending and Supplementing a Number of Articles of the Publication Law,

which was passed on June 3, 2008, by the XIIth National Assembly of the Socialist Republic of Vietnam at its 3rd session.

President of the Socialist Republic of Vietnam
NGUYEN MINH TRIET

 

LAW AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE PUBLICATION LAW

(No. 12/2008/QH12)

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 Law Amending and Supplementing a Number of Articles of the Publication Law.

Article 1.- To amend and supplement a number of articles of the Publication Law:

1. To amend and supplement Article 18 as follows:

Article 18.- Registration of publication plans

1. Prior to publication, a publishing house shall register its publication plan with the Ministry of Information and Communication and such registration must be certified in writing by the Ministry of Information and Communication. Within ten days from the date of receiving a publishing house’s publication plan registration, the Ministry of Information and Communication shall certify it in writing.

The Ministry of Information and Communication shall prescribe the publication plan registration form.

2. A publishing house’s publication plan must conform with its principles, objectives, functions and tasks and is valid for implementation up to December 31 of a plan year.”

2. To amend and supplement Article 26 as follows:

Article 26.- Information inscribed on a publication

1. The information below must be inscribed on a book or a document in book form (below collectively referred to as book):

a/ The book’s title, the author’s name, the chief editor’s name (if any), the translator’s name (if it is a translated book) or the transcriber’s name (if it is a book transcribed from Nom (Chinese-transcribed Vietnamese), the editor’s name (if any); the name of the publishing house or agency or organization permitted for publication, the name of the joint publication organization or individual (if any); the year of publication, the ordinal number of the book volume, the ordinal number of re-edition; for a translated book, the original title, the author’s name, the foreign publishing house’s name, the year of publication overseas; for a book translated from a version in a language other than that of the original, that language and the translator’s name must be inscribed;

b/ The name of the person responsible for publication; the content editor’s name; the book size, the serial number of the written publication plan registration, the serial number of the publishing house director’s publication decision or the publication permit issued by the publication state management agency; the designer’s name, the illustrator’s name, the technical editor’s name; the proof-reader’s name; the number of printed copies, the printing establishment’s name and the time of depositing;

c/ The retail price, for a book for sale; the phrase “state order,” for a book published under a state order; the phrase “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 permitted for publication; the name of the joint publication organization or individual (if any);

b/ The serial number of the written publication plan registration, the serial number of the publishing house director’s publication decision or of the publication permit issued by the publication state management agency; the number of printed copies, the printing establishment’s name;

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

3. The Government shall prescribe special cases which do not require the inscription of the author’s name, the translator’s name, the inscriber’s name, the name of the joint publication organization or individual on the front cover and the positions for placing the information specified at Point b, Clause 1 of this Article.

4. The publishing house director shall decide on the positions for inscribing the publication’s information, except the cases prescribed in Clause 3 of this Article.”

3. To amend and supplement Article 30 as follows:

Article 30.- Handling of violations in the publication domain

1. Organizations and individuals violating the provisions of Articles 3, 5, 10, 18, 19, 20, 21, 22, 23, 25, 26, 27 and 29 of this Law shall, depending on the nature and severity of their violations, be warned or fined and may be suspended from publishing the violating publication or from publication activities or have their right to use publication permits deprived of; if causing damage to other organizations and individuals, they shall make public apologies, make corrections on the press and compensate for damage according to law.

A violating publication is subject to suspension from distribution and depending on the nature and severity of violation, may only be distributed after being modified, or may be withdrawn, confiscated, banned from distribution or destroyed.

2. Organizations and individuals committing acts of infringing upon intellectual property rights in the publication domain shall be handled according to the law on intellectual property.

3. Persons committing acts of violation which fully constitute a crime shall be examined for penal liability according to the criminal law.

4. Publication state management agencies shall take responsibility for their handling decisions.”

4. To amend and supplement Article 36 as follows:

Article 36.- Handling of violations in the printing of publications

1. Organizations and individuals committing the acts below shall, depending on the nature and severity of their violations, be warned, fined or suspended from printing the publication in the press and may be suspended from publication printing operations, have their right to use publication printing permits deprived of, have exhibits and means of violation confiscated; if causing damage, they shall pay compensation according to law:

a/ Printing a publication without having a publication printing permit;

b/ Printing a publication without a publication decision or permit; printing a publication not according to the publication decision or permit;

c/ Printing a publication for a foreign party without a printing processing permit;

d/ Printing a publication for which a decision on printing suspension, withdrawal, confiscation, ban from circulation or destruction has been issued;

e/ Printing a publication not according to the manuscript already approved by the publishing house, agency or organization permitted for publication; printing a publication without a printing contract or in excess of the number of copies stated in the printing contract.

2. Organizations and individuals committing acts of infringing upon intellectual property rights in the publication printing domain shall be handled according to the law on intellectual property.

3. Persons committing acts of violation which fully constitute a crime shall be examined for penal liability according to the criminal law.”

5. To amend and supplement Article 38 as follows:

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. Conditions for obtaining a publication import business permit include:

a/ Possessing a business registration certificate or investment certificate;

b/ The head of the business must reside in Vietnam and possess a diploma and a practice certificate of publication distribution granted by a competent Vietnamese agency;

c/ For book import business, in addition to the conditions specified at Points a and b, Clause 2 of this Article, having staff members and collaborators qualified for book content appraisal.

3. A permit application dossier comprises:

a/ An application for publication import business;

b/ A list of staff members and collaborators under labor contracts; lawful copies of written certifications, diplomas and certificates specified in Clause 2 of this Article.

4. Within thirty days from the date of receiving a valid dossier, the Ministry of Information and Communication shall grant a permit; in case of refusal, it shall issue a written reply clearly stating the reason.

5. The Government shall specify the conditions for obtaining a publication import business permit prescribed at Points b and c, Clause 2, and permit application dossiers prescribed in Clause 3, of this Article.”

6. To amend and supplement Article 39 as follows:

Article 39.- Commercial import of publications

1. The commercial import of publications shall be conducted through establishments possessing a publication import business permit.

2. Prior to import, a commercial publication importer shall register a list of imported publications with the Ministry of Information and Communication and must obtain the Ministry’s written certification. Within fifteen days from the date of receiving an importer’s written registration of the list of imported publications, the Ministry of Information and Communication shall certify such registration in writing.

The Ministry of Information and Communication shall prescribe the imported publication list form.

3. An imported publication must comply with the Publication Law and relevant laws. When detecting that an imported publication shows signs of violating Vietnamese law, the Ministry of Information and Communication may request content evaluation of that publication before certifying the import registration or refuse to certify the import registration for that publication.

4. The head of a commercial-publication import establishment shall organize the content evaluation of an imported publication prior to distribution and take responsibility before law for the content of that imported publication.”

7. To amend and supplement Article 43 as follows:

Article 43.- Foreign cooperation on publication distribution

1. Vietnamese and foreign publication distributors having the legal person status may enter into business cooperation or joint ventures to distribute publications in Vietnam in accordance with Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party.

2. A foreign organization may set up its representative office in Vietnam to promote its organization, products and distribution activities according to Vietnamese law and must be licensed by the Ministry of Information and Communication.

3. A permit application dossier comprises:

a/ An application for an operation permit specifying the representative office’s objectives, tasks, scope of operation and headquarters and the representative office head’s name and committing to observing Vietnamese law;

b/ A written certification of the applying organization’s legal person status issued by a competent agency or person of the country or territory where the organization is headquartered.

4. Within thirty days from the date of receiving a valid dossier, the Ministry of Information and Communication shall grant a permit; in case of refusal, it shall issue a written reply clearly stating the reason.”

8. To amend and supplement Article 44 as follows:

Article 44.- Handling of violations in the distribution of publications

1. Organizations and individuals committing the acts below shall, depending on the nature and severity of their violations, be warned, fined or suspended or stopped from distributing a publication and may be subject to withdrawal, confiscation, ban from distribution or destruction of the violating publication, suspension of publication import operations, deprivation of the right to use publication import permits; if causing damage, they shall pay compensation according to law:

a/ Distributing a publication which is published, printed or imported unlawfully;

b/ Distributing a publication without invoices and documents evidencing its lawful origin;

c/ Distributing a publication for which a decision on printing suspension, ban from circulation, withdrawal, confiscation or destruction has been issued;

d/ Selling a publication not for sale;

e/ Illegally selling or popularizing a publication printed for a foreign party in the Vietnamese territory;

f/ Importing a publication the import of which has not been registered or importing it not according to the registered import list;

g/ Importing a publication having contents violating Articles 3 and 10 of the Publication Law.

2. Organizations and individuals infringing upon intellectual property rights in the publication distribution domain shall be handled according to the law on intellectual property.

3. Persons committing acts of violation which fully constitute a crime shall be examined for penal liability according to the criminal law.

4. When a competent state agency decides to withdraw, confiscate, ban from distribution or destroy a violating publication, the publishing house or importer having that publication shall compensate the distributor for damage; when a state agency makes an improper decision to withdraw, confiscate, ban from distribution or destroy a publication, thereby causing damage, it shall compensate the publishing house, distributor or importer for damage.”

Article 2.- To replace the phrase “the Ministry of Culture and Information” with the phrase “the Ministry of Information and Communication” in Clause 2, Article 7; Clause 3, Article 13; Clauses 1 and 2, Article 16; Clause 2, Article 17;  Point a, Clause 1, Article 22; Clauses 2 and 3, Article 23; Clauses 1 and 3, Article 24; Point a, Clause 1, Article 27; Article 28; Point a, Clause 3, Article 31; Points c and d, Clause 1, Article 32; Clauses 1 and 2, Article 34; Clause 3, Article 37; and Point a, Clause 1, Article 42 of Publication Law No. 30/2004/QH11.

Article 3.- This Law takes effect on January 1, 2009.

This Law was passed on June 3, 2008, by the XIIth National Assembly of the Socialist Republic of Vietnam at its 3rd session.

Chairman of the National Assembly
NGUYEN PHU TRONG

 

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