Law on Libraries, Law No. 46/2019/QH14

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ATTRIBUTE Law on Libraries

Law on Libraries No. 46/2019/QH14 dated November 21, 2019 of the National Assembly
Issuing body: National Assembly of the Socialist Republic of VietnamEffective date:
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Official number:46/2019/QH14Signer:Nguyen Thi Kim Ngan
Type:LawExpiry date:Updating
Issuing date:21/11/2019Effect status:
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Fields:Education - Training - Vocational training , Culture - Sports - Tourism

SUMMARY

To prohibit restricting the library users’ right to access information

This is one of the highlights specified in the Law on Libraries No. 46/2019/QH14, which was passed by the National Assembly on November 21, 2019.

Accordingly, the 06 following acts in library activities are prohibited: Disclosing information on library users, unless so requested by competent state agencies; Illegally restricting the library users’ right to access to and use information; Appropriating, swapping, destroying or damaging information resources; Illegally accessing library information systems or library databases…

Besides, this Law also stipulates some information resources restricted from use in libraries, such as: Damaged original documents; Original ancient, precious and rare documents and information resources classified as cultural heritages which are stored in libraries; Information resources classified as state secrets or information resources with information contents which, if being widely used, may affect the State’s interests or lawful rights and interests of agencies, organizations or individuals…

Apart from traditional libraries, the State also encourages to develop digital libraries. Digital library means a library or a section of a library having information resources which have been processed and stored in digital formats for users to access and use via electronic devices and online. Digital library users shall be granted the right to access and exploit digital information resources.

This Law takes effect on July 01, 2020.

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LuatVietnam.vn is the SOLE distributor of English translations of Official Gazette published by the Vietnam News Agency
Effect status: Known

THEPRESIDENT

No. 09/2019/L-CTN

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

Hanoi, December 3, 2019

 

Order

On the promulgation of law

 

THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to Articles 88 and 91 of the Constitution of the Socialist Republic of Vietnam;

Pursuant to Article 80 of the Law on Promulgation of Legal Documents,

 

PROMULGATES:

The Law on Libraries,

which was passed on November 21, 2019, by the XIVthNational Assembly of the Socialist Republic of Vietnam at its 8thsession.

President of the Socialist Republic of Vietnam
NGUYEN PHU TRONG


 

THE NATIONALASSEMBLY

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 46/2019/QH14

 

 

 

LAW

On Libraries[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Libraries.

 

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Law provides the establishment and operation of libraries; rights, obligations and responsibilities of agencies, organizations and individuals in library activities; and state management of libraries.

Article 2.Subjects of application

This Law 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.

Article 3.Interpretation of terms

In this Law the terms below are construed as follows:

1.Librarymeans a culture, information, education and science institution which builds, processes, stores, preserves and provides information resources to meet the needs of users.

2.Digital librarymeans a library or a section of a library having information resources which have been processed and stored in digital formats for users to access and use via electronic devices and online.

3.Information resourcemeans a collection of documents and data of various types, including print documents, handwritten documents, audio-visual documents, digital documents, microform documents including microfilm and microfiche, special documents for people with disabilities, and other documents and data.

4.Open information resourcemeans an information resource which library users may freely access without any financial, legal or technical barriers.

5.Library facilitymeans equipment or device serving the needs of users and librarians in the collection, processing, storage, preservation and exploitation of information resources and promotion of the values of libraries.

6.Library servicemeans an activity organized by a library or jointly organized by libraries to meet the needs of library users.

7.Interlibrary collaborationmeans the association and cooperation among libraries aiming to rationally and efficiently use information resources, library facilities, information resource processing results, library information products and library services.

Article 4.Functions and tasks of libraries

1. To build, process, store, preserve, connect and develop information resources suitable to library users.

2. To organize the common use of information resources, information products and library services; to propagate the wisdom and cultural values of the nation and mankind; to serve research, learning and entertainment needs; to contribute to the formation and development of knowledge, skills, qualities and competency of library users.

3. To apply scientific and technological achievements to modernize libraries.

4. To develop reading culture and contribute to creating a lifelong learning environment for the People, building a learning society, improving people’s intellectual level, and developing all-sided Vietnamese people.

Article 5.The State’s policies on development of libraries

1. The State shall invest in state-funded libraries as follows:

a/ Prioritizing investment in the National Library of Vietnam, public libraries of provinces and centrally run cities (below referred to as provincial-level libraries) and important libraries;

b/ Modernizing libraries; building digital libraries, common-use information resources and open information resources; promoting interlibrary collaboration between domestic and foreign libraries;

c/ Collecting, preserving, and promoting the value of, ancient, precious and rare documents and collections of special historical, cultural or scientific value;

d/ Providing travelling library services, rotating information resources serving border areas, islands, ethnic minority areas, and areas facing difficult or extremely difficult socio-economic conditions;

dd/ Providing training to build capacity for and develop human resources for libraries;

e/ Researching and applying advanced scientific and technological achievements to library activities.

2. The State shall support investment in the following activities:

a/ Providing public non-business services in the fields of libraries and development of reading culture;

b/ Maintaining and developing community libraries and private libraries providing public library services for not-for-profit purpose;

c/ Paying costs of transportation of library documents serving political tasks, border areas, islands and areas facing difficult or extremely difficult socio-economic conditions;

d/ Promoting international cooperation on libraries.

3. The State shall adopt policies to encourage organizations and individuals to participate in the activities prescribed in Clauses 1 and 2 of this Article.

4. The Government shall stipulate in detail important libraries prioritized for investment under Point a, Clause 1 of this Article and ancient, precious and rare documents and collections of special historical, cultural or scientific value prescribed at Point c, Clause 1 of this Article.

Article 6.Socialization of library activities

1. Residential communities, organizations and individuals will be assisted to make investment, provide finance, aid and donations and make contributions to developing the library sector and reading culture and building and bringing into full play grassroots reading spaces and reading rooms.

2. Residential communities, organizations and individuals participating in library activities shall be entitled to incentives prescribed by law.

3. Residential communities, organizations and individuals that invest in the construction of physical foundations and equipment and devices for libraries; or provide finance, aid and donations and make contributions to developing the library sector and reading culture will be acknowledged and honored in accordance with the law on emulation and commendation.

4. The Government shall stipulate in detail grassroots reading spaces and reading rooms prescribed in Clause 1 of this Article.

Article 7.Information resources restricted from use in libraries

1. Information resources restricted from use in libraries include:

a/ Information resources with information contents which, if being widely used, may affect the State’s interests or lawful rights and interests of agencies, organizations or individuals;

b/ Information resources classified as state secrets which are restricted from use, subject to conditional access or subject to restriction on the right to access in accordance with the laws on protection of state secrets, access to information, and archives;

c/ Original ancient, precious and rare documents and information resources classified as cultural heritages which are stored in libraries;

d/ Damaged original documents.

2. The Minister of Culture, Sports and Tourism shall stipulate in detail information resources restricted from use in libraries prescribed at Point a, Clause 1 of this Article; and prescribe the principles of use of information resources restricted from use in libraries.

3. Library-establishing agencies, organizations and individuals shall formulate lists of information resources restricted from use and decide on the use of information resources restricted from use in their libraries.

Article 8.Prohibited acts in library activities

1. Abusing library activities to distort the State’s lines, policies and laws or oppose the State of the Socialist Republic of Vietnam; divide the national unity bloc; provoke violence and sow hatred among nationalities and religions; conduct propaganda for wars of aggression; undermine fine customs and traditions; spread superstitions; or drag library users into social vices.

2. Providing information resources classified as state secrets, unless otherwise prescribed by law.

3. Illegally restricting the library users’ right to access to and use information.

4. Disclosing information on library users, unless so requested by competent state agencies.

5. Appropriating, swapping, destroying or damaging information resources.

6. Illegally accessing library information systems or library databases; falsifying, interrupting or destroying library information systems or library databases.

Chapter II

ESTABLISHMENT OF LIBRARIES

Section 1

LIBRARY NETWORKS

Article 9.Types of libraries

1. Libraries are classified into the following types:

a/ The National Library of Vietnam;

b/ Public libraries;

c/ Specialized libraries;

d/ Libraries of people’s armed forces;

dd/ Libraries of higher education institutions (below referred to academic libraries);

e/ Libraries of early childhood education institutions, general education institutions, vocational education institutions and other education institutions;

g/ Community libraries and private libraries providing public library services;

h/ Libraries of foreign organizations and individuals providing services to Vietnamese people.

2. Libraries shall be organized after the following models:

a/ State-funded library, in which the State invests funds, ensures its operation conditions, and acts as the owner’s representative and which is organized after the model of public non-business unit or a model suitable to the type of its managing agency or organization;

b/ Non-state library, in which a Vietnamese or foreign organization(s) or individual(s) or a residential community invest(s) funds and ensures its operation conditions, and which is organized after the model of enterprise, non-public non-business organization or another model.

Article 10.The National Library of Vietnam

1. The National Library of Vietnam is the central library of the country.

2. The National Library of Vietnam shall perform the functions and tasks prescribed in Article 4 of this Law and the following functions and tasks:

a/ To receive, preserve and store permanently print publications and press publications published in Vietnam in accordance with law; Vietnamese citizens’ doctoral theses defended at home and abroad; and foreigners’ doctoral theses defended in Vietnam;

b/ To acquire and deliver documents about Vietnam and typical documents of foreign countries;

c/ To build the national bibliographic information system; to assume the prime responsibility for, and coordinate with libraries of ministries and sectors and other libraries around the country in, formulating Vietnam’s General Catalog; to publicize and share national bibliographic information and digital information resources to libraries which need them, except information resources restricted from use in accordance with this Law and the laws on protection of state secrets, access to information, and archives;

d/ To conduct research in library information science;

dd/ To conduct centralized cataloging; to assume the prime responsibility for, and coordinate with libraries in, building and developing full-text databases and digital libraries;

e/ To cooperate and exchange information resources with domestic and foreign libraries; to participate in library forums and socio-professional organizations of libraries in accordance with law;

g/ To provide professional and technical guidance to libraries nationwide as assigned and perform other tasks assigned by the Minister of Culture, Sports and Tourism.

Article 11.Public libraries

1. Public libraries are libraries which have general information resources and serve the People.

2. A provincial-level library is the central library of a province or centrally run city which has the functions and tasks prescribed in Article 4 of this Article and the following functions and tasks:

a/ To collect ancient, precious and rare documents; information resources on the spoken and written languages of ethnic minority groups; and information resources of and about the locality;

b/ To build databases and digital libraries about the locality; to deliver information resources serving local socio-economic development;

c/ To support, guide and equip library users with information searching, exploitation and use skills;

d/ To arrange reading areas for children and people with disabilities;

dd/ To participate in building public libraries of rural districts, urban districts, towns and cities of provinces and centrally run cities (below referred to as district-level libraries) and public libraries of communes, wards and townships (below referred to as commune-level libraries);

e/ To organize travelling libraries and rotate information resources and library facilities;

g/ To hold exhibitions and carry out other activities to develop reading culture;

h/ To conduct interlibrary collaboration with libraries at home and abroad;

i/ To provide professional and technical guidance to libraries in the locality as assigned and perform other tasks assigned by competent state agencies.

3. A district-level library shall perform the functions and tasks prescribed in Article 4 of this Law and the following functions and tasks:

a/ To receive information resources and library facilities from the provincial-level library;

b/ To rotate information resources with other libraries in the locality;

c/ To organize activities serving the local people’s lifelong learning need;

d/ To perform other tasks assigned by competent state agencies.

4. A commune-level library shall perform the functions and tasks prescribed in Article 4 of this Law and the following functions and tasks:

a/ To receive information resources and library facilities from provincial- and district-level libraries and other lawful sources;

b/ To rotate information resources with community libraries and private libraries providing public library services in the locality;

c/ To participate in building reading culture and form a reading habit for local people;

d/ To perform other tasks assigned by competent state agencies.

Article 12.Specialized libraries

1. A specialized library is a library which has information resources specialized in one or more than one sector or field and provides services to cadres, public employees, civil servants and laborers of its managing agency or organization.

Specialized libraries include libraries of state agencies; libraries of science and technology organizations; libraries of political organizations, socio-political organizations, social organizations, and socio-professional organizations; and libraries of economic institutions.

2.  A specialized library shall perform the functions and tasks prescribed in Article 4 of this Law and the following functions and tasks:

a/ To develop information resources relevant to the library’s specialized sector or field; to receive, acquire and exploit information resources from scientific research activities and published scientific works, conference and seminar documents, and research and survey reports of researchers of its managing agency or organization; and schemes, projects and specialized journals of its managing agency or organization;

b/ To build databases and digital repositories; to acquire and purchase the right to access foreign specialized information resources;

c/ To enter into interlibrary collaboration with libraries at home and abroad;

d/ To perform other tasks assigned by its managing agency and organization.

Article 13.Libraries of people’s armed forces

1. Libraries of people’s armed forces are libraries of People’s Army or People’s Public Security units which have general information resources and specialized information resources on national defense and security and provide services to cadres, soldiers, and the people in their localities, prison inmates or people held in detention camps or educated at reformatories.

2. Libraries of people’s armed forces shall perform the functions and tasks prescribed in Article 4 of this Law and the following functions and tasks:

a/ To develop information resources in conformity with assigned tasks; to receive, acquire and organize the exploitation of specialized information resources on Vietnam’s and other countries’ national defense and security; conference and seminar documents, research and survey reports, schemes, projects, and specialized journals of people’s armed forces according to regulations;

b/ To build databases and digital repositories; to acquire and purchase the right to access specialized information resources on national defense and security;

c/ To enter into interlibrary collaboration with libraries in the same system and share information resources with libraries at home and abroad;

d/ To perform other tasks assigned by their managing agencies.

Article14.Academic libraries

1. An academic library is a library which has information resources and provides services to learners and teachers at a higher education institution.

2. An academic library shall perform the functions and tasks prescribed in Article 4 of this Law and the following functions and tasks:

a/ To develop information resources relevant to the objectives, contents, programs, and fields and disciplines of training, scientific research and technological development of its higher education institution;

b/ To receive, acquire, and organize the exploitation of, essays, dissertations, graduation papers, theses and scientific research findings of learners and teachers at its higher education institution; to develop its repository, courseware databases and open courseware resources;

c/ To organize reading spaces; to guide the use of library products and library services; to improve information searching, exploitation and use skills; to fortify and expand knowledge for learners, teachers and administrators;

d/ To enter into interlibrary collaboration with libraries at home and abroad;

dd/ To perform other tasks assigned by its higher education institution.

Article 15.Libraries of early childhood education institutions, general education institutions, vocational education institutions and other education institutions

1. Libraries of early childhood education institutions, general education institutions, vocational education institutions or other education institutions are libraries which have information resources and provide services to learners and teachers at the education institutions.

2. Libraries of early childhood education institutions shall perform the functions and tasks prescribed in Article 4 of this Law and the following functions and tasks:

a/ To develop information resources suitable to the age and psychology of early childhood children and the demands for information and documents of teachers, administrators and education programs of the education institutions;

b/ To organize activities for early childhood children to accustom themselves to books and to form the reading habit; to guide the use of libraries, and equip teachers and administrators with information searching, exploitation and use skills;

c/ To perform other tasks assigned by the education institutions.

3. Libraries of general education institutions shall perform the functions and tasks prescribed in Article 4 of this Law and the following functions and tasks:

c/ To develop information resources to meet the learning and research needs of learners, teachers and administrators and relevant to the objectives, contents, and programs of learning and teaching at each grade and of each program;

b/ To organize reading promotion activities, form the reading habit and skills for learners; to guide the use of libraries and equip leaners, teachers and administrators with information searching, exploitation and use skills;

c/ To support learning, teaching and research activities and organize other educational activities;

d/ To perform other tasks assigned by the education institutions.

4. Libraries of vocational education institutions and other education institutions shall perform the functions and tasks prescribed in Article 4 of this Law and the following functions and tasks:

a/ To develop information resources to meet the learning and research needs of learners, teachers and administrators and relevant to the training objectives, contents and programs of the education institutions;

b/ To organize reading promotion activities; to guide the use of libraries and equip leaners, teachers and administrators with information searching, exploitation and use skills;

c/ To perform other tasks assigned by the education institutions.

Article 16.Community libraries and private libraries providing public library services

1. Community libraries are libraries having general information resources which are established by residential communities at community study centers or culture and sports centers of communes, wards and townships; communal culture-post offices; culture houses of villages and hamlets; condominiums; and public places of communities.

2. Private libraries providing public library services are libraries having general or specialized information resources which are established and operate with funds provided by Vietnamese organizations or individuals.

3. Community libraries and private libraries providing public library services shall perform the functions and tasks prescribed in Article 4 of this Law and the following functions and tasks:

a/ To provide information resources to local people; to receive information resources rotated from public libraries of different levels to serve the People;

b/ To organize library activities as notified to competent state agencies;

c/ To build up, and participate in the development of, reading culture for local people.

Article 17.Libraries of foreign organizations and individuals providing services to Vietnamese people

1. Libraries of foreign organizations and individuals providing services to Vietnamese people are libraries having general or specialized information resources which are established in Vietnam and operate with funds provided by foreign organizations or individuals in accordance with this Law and other relevant laws.

2. Libraries of foreign organizations and individuals providing services to Vietnamese people shall perform the functions and tasks prescribed in Article 4 of this Law and the following functions and tasks:

a/ To organize library activities as notified to competent state agencies;

b/ To participate in the development of reading culture.

Section 2

ESTABLISHMENT, MERGER, CONSOLIDATION, SPLIT-UP, SEPARATION AND DISSOLUTION OF LIBRARIES

Article 18.Conditions for establishment of libraries

1. A library may be established when the following conditions are fully met:

a/ Its operation objectives and target users have been identified;

b/ The library has information resources suitable to its functions, tasks and target users;

c/ The library has adequate physical foundations and equipment for library activities;

d/ The library has staffs possessing professional qualifications suitable to library activities;

dd/ The library’s at-law representative has full civil act capacity.

2. The Government shall detail Points a, b, c and d, Clause 1 of this Article.

Article 19.Establishment of state-funded libraries

1. The competence, order and procedures for establishment of libraries being non-business units must comply with the law on public non-business units.

2. The competence, order and procedures for establishment of libraries other than those prescribed in Clause 1 of this Article must comply with the law regulating the establishment of agencies or organizations managing the libraries.

Article 20.Establishment of non-state libraries

1. Organizations, individuals and residential communities may establish libraries if meeting all the conditions prescribed in Clause 1, Article 18 of this Law and other relevant laws.

2. The establishment of libraries after the model of enterprise must comply with this Law, the law on enterprises and other relevant laws.

Article 21.Merger, consolidation, split-up, separation and dissolution of libraries

1. The merger, consolidation, split-up, separation and dissolution of libraries must follow a plan on preservation of information resources invested by the State or financed, donated, or contributed by organizations and individuals.

2. The agency, organization and individual having established a library may decide on the merger, consolidation, split-up, separation and dissolution of the library according to the order and procedures prescribed by the laws on public non-business units and enterprises or the law regulating the agency or organization managing the library.

Article 22.Suspension and termination of operation of libraries

1. A library shall be suspended from operation for a definite term in the following cases:

a/ Violating the provisions of Clause 1, Article 8 of this Law;

b/ Having been sanctioned for administrative violations related to library activities but still failing to stop the violations.

2. A library shall terminate operation in the following cases:

a/ The library terminates operation at its own discretion;

b/ The library is forced to terminate operation as it fails to remedy its violation after the period of operation suspension prescribed in Clause 1 of this Article expires.

3. The competence to suspend or terminate operation of libraries is prescribed as follows:

a/ The agency, organization or individual competent to establish a library has the right to terminate operation of the library in the case prescribed at Point a, Clause 2 of this Article;

b/ Competent organizations and individuals as prescribed by the law on handling of administrative violations are competent to suspend operation of libraries in accordance with law and have the right to force libraries to terminate operation in the case prescribed at Point b, Clause 2 of this Article.

4. The decision on suspension or termination of operation of a library must clearly state the reason and be publicized at the head office of the library concerned. An operation suspension decision must clearly state the period of suspension. During the suspension period, if the library manages to remedy the violation stated in the suspension decision, the organization and individual competent to suspend operation shall decide to permit the library to resume operation.

5. The Government shall prescribe the order and procedures for suspension and termination of operation of libraries.

Article 23.Notification of the establishment, merger, consolidation, split-up, separation, dissolution, and termination of operation of libraries

1. Competent agencies, organizations and individuals that decide to establish, merge, consolidate, split, separate, dissolve, or terminate operation of, libraries shall notify such decision to the competent state agencies prescribed in Clause 5 of this Article.

2. A dossier of notification must comprise:

a/ A copy of the competent agency’s decision on, or notice of, the establishment, merger, consolidation, split-up, separation, dissolution, or termination of operation of the library according to regulations of the Minister of Culture, Sports and Tourism;

b/ Documents proving the satisfaction of the conditions for establishment of libraries prescribed in Clause 1, Article 18 of this Law, for community libraries, private libraries providing public library services, and foreign organizations’ and individuals’ libraries providing services to Vietnamese people.

3. The time limits for notification are prescribed as follows:

a/ Within 30 days from the date of issuance of the decision on establishment, merger, consolidation, split-up, separation, dissolution, or termination of operation, for state-funded libraries;

b/ Thirty days in advance, counting to the day the library opens, is merged, consolidated, split or separated, dissolves or terminates operation, for non-state libraries.

4. Within 15 days after receiving a complete and valid dossier of notification prescribed in Clause 2 of this Article, competent agencies shall issue a written reply; in case of refusal, it shall clearly state the reason. Within 10 days after receiving the notification, if the dossier is not complete as required in Clause 2 of this Article, competent agencies shall request in writing the concerned agency, organization or individual to supplement or modify the dossier.

5. The competence to receive dossiers of notification is prescribed as follows:

a/ The Ministry of Culture, Sports and Tourism shall receive dossiers of notification, for central specialized libraries and provincial-level libraries;

b/ Provincial-level People’s Committees shall receive dossiers of notification, for provincial-level specialized libraries, district-level libraries, academic libraries and foreign organizations’ and individuals’ libraries providing services to Vietnamese people based in their localities;

c/ District-level People’s Committees shall receive dossiers of notification, for commune-level libraries; libraries of early childhood education institutions, general education institutions, vocational education institutions and other education institutions; and private libraries providing public library services based in their localities;

d/ Commune-level People’s Committees shall receive dossiers of notification, for community libraries based in their localities.

 


Chapter III

LIBRARY ACTIVITIES

Article 24.Principles of library activities

1. To apply the user-centered approach; to create a friendly and equal environment; to ensure the right to access and use libraries for organizations and individuals.

2. To collect, process, store, preserve and deliver information resources in compliance with national standards and technical regulations and relevant professional standards of the library sector.

3. To regularly renovate the processes and products of library information and services on the basis of applying advanced scientific and technological achievements.

4. To enter into interlibrary collaboration.

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

Article 25.Building of information resources

1. Building of information resources covers development and filtering of information resources.

2. The development of information resources is prescribed as follows:

a/ To determine the methods and sources of acquisition of information resources in conformity with the functions and tasks of libraries and suitable to their target users; to receive print publications and press publications in accordance with the laws on publication and press and the functions and tasks of libraries prescribed in this Law;

b/ To acquire and purchase information resources and the right to access digital databases and information resources;

c/ To collect open information resources, public information resources and other valuable online information resources;

d/ To enter into interlibrary collaboration to exchange information resources among libraries at home and abroad; to enter into cooperation on the acquisition, sharing and common use of databases or the right to access digital information resources;

dd/ To reformat and digitalize information resources for the purposes of archives and research in accordance with the law on intellectual property and other relevant laws;

e/ To receive information resources handed over, financed, donated or contributed by domestic and foreign organizations and individuals.

3. The filtering of information resources must comply with regulations of the Minister of Culture, Sports and Tourism.

Article 26.Processing of information resources and organization of information reference systems

1. The processing of information resources is prescribed as follows:

a/ To process information resources according to professional processes after they are acquired by libraries; to build up information reference systems serving the management, reference and use of information;

b/ To conduct copy cataloguing and apply outcomes of processing important information resources so as to ensure accuracy, consistency and efficiency.

2. The organization of information reference systems is prescribed as follows:

a/ An information reference system of a library must reflect the whole volume of information resources of the library in the forms of table of contents or database; and shall be published on the portal or website of the library;

b/ To ensure secure storage of information resource processing results;

c/ To be updated and easy to use;

d/ To ensure interlibrary collaboration on information reference.

Article 27.Preservation of information resources

1. The preservation of information resources is prescribed as follows:

a/ To ensure preservation of the whole volume of information resources in the process of storage and service provision;

b/ To ensure information security serving the management, reference and use of information resources;

c/ To apply backup preservation methods, restore or reformat documents, depending on the libraries’ capability;

d/ To periodically back up digital information resources and put into place mechanisms to restore data when necessary; to preserve digital information resources in a way technologically compatible with data formats;

dd/ To preserve information resources being cultural heritages and information resources classified as state secrets in accordance with the laws on cultural heritages, archives, and protection of state secrets.

2. The Minister of Culture, Sports and Tourism shall detail this Article.

Article 28.Creation and provision of library information products and library services

1. The creation and provision of library information products and library services are prescribed as follows:

a/ To be scientific, modern, effective and conformable with the functions and tasks of each library and meet the needs of library users;

b/ To ensure diverse forms and modes of provision of library information products and library services.

2. Library information products include:

a/ Information reference systems and bibliographic databases, data and full-text databases;

b/ Specialized bibliographies and information;

c/ Portals and websites;

d/ Other library information products formed in the course of processing information resources of libraries.

3. Library services include:

a/ Provision of information resources at libraries and outside libraries, including the travelling library service and rotation of information resources, or online;

b/ Provision of bibliographic information and information indications;

c/ Provision of consultancy and training on librarianship to and support for learning and research activities of organizations and individuals;

d/ Organization of conferences, seminars and exhibitions, public information about and dissemination of information resources;

dd/ Provision of facilities for exploitation of digital libraries;

e/ Other forms of library services.

Article 29.Interlibrary collaboration

1. Interlibrary collaboration covers the following contents:

a/ Cooperation on the acquisition, purchase and collection of common-use information resources and on the formulation of union catalogues;

b/ Sharing and common use of information resources among libraries; sharing of results of processing of information resources and library information products;

c/ Joint provision of library services to library users.

2. Interlibrary collaboration shall be conducted by the following modes:

a/ Collaboration based on geographical areas;

b/ Collaboration among groups of libraries having similar functions, tasks and service users;

c/ Collaboration based on fields and contents of information resources;

d/ Collaboration among libraries of different types.

3. Interlibrary collaboration shall be conducted according to the following regime:

a/ Libraries prioritized for investment by the State shall act the core in building, sharing and exploiting common-use information resources among libraries;

b/ Cooperation on the acquisition and purchase of the right to access and share foreign information resources and effective use of state and social funds;

c/ Information resources developed with state budget funds shall be shared among libraries.

4. The Government shall detail this Article.

Article 30.Development of reading culture

1. The 21stof April every year shall be taken as the Vietnam Book and Reading Culture Day.

2. To develop reading culture through the following activities:

a/ Organizing activities to form a reading habit in families, schools, agencies, and organizations nationwide;

b/ Providing guidance on reading and information resource-exploiting mehods and skills for children at libraries of early childhood education institutions and libraries of general education institutions;

c/ Developing information searching, exploitation and use skills, and expanding knowledge for library users;

d/ Promoting interlibrary collaboration between public libraries and other libraries in the same locality; accessing and exploiting information and knowledge from common-use digital libraries via electronic devices; and using the travelling library service and rotating information resources.

Article 31.Development of digital libraries

1. To build digital information resources on the basis of collecting digital documents and digitalizing library documents.

2. To process, store and preserve digital information resources in accordance with standards and technical regulations on information technology and librarianship.

3. To use advanced software in digital library administration and smart interface designs; to ensure openness and interlibrary collaboration in reference, exploitation and conversion of data among data storage systems; to support the grant of the right to access and exploit digital information resources to library users.

4. To grant the right to exploit information resources in digital and other forms.

Article 32.Modernization of libraries

1. To build and develop modern technical infrastructure facilities to ensure the development and operation of digital libraries and automation of libraries.

2. To organize reading rooms in the form of open stacks and automatic document delivery systems; and self-loan and self-return systems; advanced library monitoring and security; innovative spaces for library users; and reading areas for children and people with disabilities.

3. To research and apply artificial intelligence systems, the Internet of things, big data systems, cloud computing, open access, and other advanced and modern scientific and technological achievements in conformity with the development trends in library activities in the world.

4. To build an advanced library information network connecting libraries at home and abroad.

5. To create and provide modern library information products and library services to meet the needs of library users; to build databases and develop and exploit digital libraries; to build websites, portals and provide online library services.

Article 33.Public information on libraries

1. Libraries shall organize public information on the following contents:

a/ Information resources;

b/ Library information products and library services;

c/ Library facilities;

d/ Library staffs;

dd/ Other contents relating to libraries in accordance with law.

2. Forms of public information on libraries include:

a/ Display and exhibitions to introduce books, library information products and library services; talks, conferences, seminars and presentations; library-related cultural and educational events;

b/ Building of public relations and images of libraries;

c/ Other forms in accordance with law.

Article 34.Coordination between libraries and agencies and organizations

1. Libraries may coordinate with agencies and organizations in the following activities:

a/ Preserving information resources and databases;

b/ Exploiting, sharing, and promoting the efficiency of, information resources of libraries and documents and databases of their partner agencies and organizations;

c/ Providing library services in different forms serving library users and the general public.

2. Libraries may coordinate with agencies and organizations operating in the fields of science-technology information and archives in order to ensure efficient use and preservation of information resources and data banks of the State, enterprises, and other agencies and organizations under cooperation programs and contracts in accordance with law.

3. Libraries may coordinate with agencies and organizations operating in the fields of culture and tourism and other agencies and organizations in order to diversify forms and types of library services.

Article 35.Financial sources of libraries

1. The state budget.

2. Revenues from library services.

3. Funds, donations, presents and gifts and other contributions of domestic and foreign organizations and individuals in accordance with law.

4. Other lawful revenue sources.

Article 36.International cooperation on library-related activities

1. To formulate and implement international cooperation programs, schemes and projects.

2. To participate in professional organizations, associations and forums; to enter into interlibrary collaboration with libraries at home and abroad.

3. To participate in the formulation, implementation, dissemination and education of international law and practices on libraries.

4. To conduct scientific research, exchange information resources and experiences, carry out training of human resources; to apply and transfer technologies; to disseminate, promote and create conditions for foreign organizations and individuals to participate in and support library activities.

5. To carry out other international cooperation activities in accordance with law.

Article 37.Evaluation of library activities

1. The evaluation of library activities shall be conducted for all types of libraries to serve the state management of libraries and improve the effectiveness of library activities.

2. Principles of evaluation of library activities:

a/ Objectivity, accuracy and compliance with law;

b/ Truthfulness, publicity, transparency, and equality;

c/ Annual evaluation.

3. Criteria, methods and procedures for evaluation of library activities must comply with relevant national standards.

4. Organizations conducting evaluation of library activities include:

a/ Libraries themselves;

b/ Library-establishing agencies, organizations and individuals;

c/ Agencies performing the state management of libraries.

5. The Minister of Culture, Sports and Tourism shall detail this Article.

 

Chapter IV

RIGHTS, OBLIGATIONS AND RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS AND INDIVIDUALS IN LIBRARY ACTIVITIES

Section 1

RIGHTS, OBLIGATIONS AND RESPONSIBILITIES OF LIBRARIES, LIBRARY STAFFS AND LIBRARY USERS

Article 38.Rights of libraries

1. To determine the contents and forms of operation in conformity with their functions and tasks.

2. To exchange information resources, and participate in library information systems at home and abroad in accordance with law.

3. To reject requests for use of information resources which contravene the State’s laws and regulations and internal rules of libraries.

4. To collect charges for library services they provide in accordance with law.

5. To research and apply advanced scientific and technological achievements and build technical infrastructure facilities meeting the requirements of modernization of libraries.

6. To mobilize and receive funds, donations, presents, gifts and contributions to libraries in accordance with law.

7. To expand the service scope of library users in accordance with law and their regulations.

8. To enter into international cooperation on library-related activities.

9. To determine the forms and amount of compensation for damage caused by library users in accordance with law and internal rules of libraries.

10. The National Library of Vietnam, specialized libraries of ministries, ministerial-level agencies, government-attached agencies, the National Assembly Office, the Supreme People’s Court, and the Supreme People’s Procuracy and provincial-level libraries may store the information resources prescribed at Point a, Clause 1, Article 7 of this Law to serve research activities.

Article 39.Responsibilities of libraries

1. To guarantee the right to access information and use library services prescribed in this Law, other relevant laws and libraries’ regulations and internal rules.

2. To use their resources in an efficient manner.

3. To organize professional activities in accordance with this Law and other activities in conformity with their functions and tasks.

4. To provide library services; to arrange service time suitable to living, working and learning conditions of library users.

5. To make public internal rules of libraries and library use instructions.

6. To publicize and transparentize information resources and operations of libraries.

7. To make reports on an annual basis or upon request.

8. To manage, store, and organize the provision of, information resources restricted from use in accordance with this Law, other relevant laws and regulations and internal rules of libraries.

Article 40.Rights of library staffs

1. To study and participate in training courses to improve their professional qualifications, library management knowledge and skills of using modern equipment, devices and techniques in library activities.

2. To participate in scientific researches and professional activities; to join socio-professional organizations of libraries.

3. To receive salaries and enjoy profession-based preferential treatment regimes and policies in accordance with law.

Article 41.Obligations of library staffs

1. To comply with the law on libraries and other relevant laws, professional regulations, and regulations and internal rules of their agencies and organizations.

2. To create conditions for library users to access and use information resources and library facilities; to ensure library users’ right to equality and other rights prescribed in this Law.

3. To support, guide and equip library users with information searching, exploitation and use skills.

4. To study to improve their professional capabilities.

5. To observe their professional code of conduct.

Article 42.Rights of library users

1. To use libraries, access and use information resources and library facilities in conformity with libraries’ internal rules, the laws on intellectual property and protection of state secrets and other relevant laws.

2. To use state-funded libraries free of charge for the following activities:

a/ Using information resources at libraries or borrowing them for a term specified in libraries’ internal rules;

b/ Searching information online; receiving information on information resources via reference systems or in other forms of information receipt and reference;

c/ Being assisted and advised on how to search and select information resources suitable to their request;

d/ Other activities as prescribed.

3. To use library services on the list of library services provided by libraries.

4. To be provided with library use instructions; to be assisted and equipped with information searching, exploitation and use skills.

5. To participate in activities for library users organized by libraries.

6. To select libraries suitable to their demands and in conformity with regulations and internal rules of libraries.

7. To lodge complaints and denunciations about acts of restricting the right to use libraries.

Article 43.Obligations of library users

1. To abide by law and internal rules of libraries.

2. To fully pay expenses for issuance of library cards and use of library services according to regulations.

3. To preserve information resources and protect other assets of libraries.

4. To pay compensation according to regulations.

Article 44.Rights of users of special libraries

1. Ethnic minority people will be assisted in using information resources in the spoken and written languages of their groups in conformity with libraries’ available resources.

2. Elderly people or people with disabilities who cannot go to libraries will be assisted in using information resources at home through travelling library services or via postal services or online at their request in conformity with libraries’ operation.

3. People with visual impairment and people with hearing impairment may use information resources under Clause 2 of this Article and will be assisted in using documents in Braille, audio-visual documents, documents in sign language and other special documents.

4. Children will be assisted in using information resources suitable to their age and level of education at libraries of education institutions and public libraries.

5. Children, elderly people, war invalids, people with disabilities, members of poor households and households living just above the poverty line are entitled to exemption from paying expenses for issuance of library cards.

6. Prison inmates and persons held in detention camps or educated at compulsory education establishments or reformatories or treated at compulsory drug rehabilitation establishments will be assisted in using information resources of the libraries of these establishments.

Section 2

RESPONSIBILITIES OF RELATED AGENCIES, ORGANIZATIONS AND INDIVIDUALS

Article 45.Responsibilities of library-establishing agencies, organizations and individuals

1. To ensure physical and technical foundations, funds and human resources for the operation and development of libraries in accordance with law.

2. To manage the organization and staffs of libraries.

3. To issue regulations on organization and operation of libraries in accordance with law.

4. To implement profession-based preferential regimes and policies toward library staffs.

5. To encourage organizations and individuals to hand over learning documents, lectures, reference documents, dissertations, graduation papers, theses and scientific research results to libraries of education institutions and libraries of agencies and organizations where they are studying, conducting research or working.

6. To mobilize state agencies and local administrations to provide to libraries free of charge documents, publications and print documents they publish.

7. To adopt plans on transfer of information resources and facilities of state-funded libraries in accordance with the law on management and use of public assets in case of these libraries’ merger, consolidation, split-up, separation, dissolution or operation termination.

8. To examine, detect, and timely handle acts of violations in library activities in accordance with law.

9. To send written notices to competent state agencies prescribed in Article 23 of this Law upon merger, consolidation, split-up, separation, dissolution and operation termination of libraries.

10. To ensure conditions on fire prevention and fighting; environmental protection and prevention and control of natural disasters in accordance with law.

11. To ensure the development of information resources in libraries of education institutions; to combine library activities with learning curricula in conformity with training programs of education institutions; to assign leaders to directly manage libraries and arrange library staffs who possess professional qualifications suitable to library activities.

12. Foreign organizations and individuals establishing libraries shall create conditions for Vietnamese employees working in their libraries to join organizations and associations and exercise other rights in accordance with Vietnam’s law.

Article 46.Responsibilities of agencies, organizations and individuals directly managing libraries

1. To formulate, and organize the implementation of, plans on implementation of library activities, development of information resources and development of reading culture.

2. To efficiently use resources invested in libraries.

3. To create conditions for library staffs to participate in training courses to improve their professional qualifications.

4. To make statistics, notify and report on library activities to library-establishing organizations and individuals and competent state agencies.

5. To enter into interlibrary collaboration in appropriate forms.

Article 47.Responsibilities of related agencies, organizations and individuals

1. Publishers and press agencies shall submit print publications and press publications to libraries in accordance with the laws on publications and press.

2. Vietnamese people who defend their doctoral theses at home or abroad; and foreign nationals who defend their doctoral theses in Vietnam shall submit their theses to the National Library of Vietnam in accordance with this Law and other relevant laws.

3. Teachers at education institutions shall coordinate with library staffs in guiding learners how to use information resources and library facilities in learning and research activities.

4. Socio-professional organizations of libraries established and operating in accordance with the law on associations have the following responsibilities:

a/ To participate in the development of libraries;

b/ To coordinate with state management agencies in disseminating laws and policies on and achievements in library science at home and abroad;

c/ To provide consultancy on formulation of standards on libraries, quality of library services and development of reading culture;

d/ To participate in the formulation of, and mobilize their members to implement the professional code of conduct for librarians.

 

Chapter V

RESPONSIBILITIES FOR STATE MANAGEMENT OF LIBRARIES

Article 48.The Government’s responsibilities to perform the state management of libraries

1. The Government shall perform the unified state management of libraries.

2. The Ministry of Culture, Sports and Tourism shall act as the focal point to assist the Government in performing the state management of libraries nationwide and have the following responsibilities:

a/ To promulgate, or propose to competent agencies for promulgation and organize the implementation of, policies, legal documents, strategies and plans on development of libraries;

b/ To promulgate, or propose to competent agencies for promulgation, national standards or national technical regulations on library activities; to promulgate the professional code of conduct for librarians;

c/ To direct the implementation of interlibrary collaboration; to provide professional instructions on library services, training and development of library staffs, and research and application of science and technology in library activities;

d/ To carry out public information on and education about the law on libraries;

dd/ To plan and guide activities to develop reading culture;

e/ To inspect, examine, handle violations and settle complaints and denunciations in library activities according to their competence;

g/ To enter into cooperation on libraries.

Article 49.Responsibilities of ministries and ministerial-level agencies to perform the state management of libraries

1. The Ministry of National Defense and Ministry of Public Security shall, within the ambit of their tasks and powers, assume the prime responsibility for, and coordinate with the Ministry of Culture, Sports and Tourisms in, managing the organization and operation of libraries of people’s armed forces.

2. The Ministry of Education and Training and Ministry of Labor, Invalids and Social Affairs shall, within the ambit of their tasks and powers, assume the prime responsibility for, and coordinate with the Ministry of Culture, Sports and Tourisms in, organizing the operation of, and formulating standards applicable to, libraries of education institutions; developing reading culture at schools; managing the training of library staffs; and managing libraries at compulsory drug rehabilitation establishments.

3. The Ministry of Information and Communications shall assume the prime responsibility for, and coordinate with the Ministry of Culture, Sports and Tourisms and related state agencies in, managing information systems and cyber information security in library activities; assume the prime responsibilities for implementation of regulations on legal deposit of publications.

4. The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with the Ministry of Culture, Sports and Tourisms in, appraising and announcing national standards, and appraising national technical regulations on library activities; direct the development and sharing of information resources on science and technology and innovations at home and abroad.

5. Ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, coordinate with the Ministry of Culture, Sports and Tourism in performing the state management of libraries.

Article 50.Responsibilities of People’s Committees at all levels to perform the state management of libraries

1. People’s Committees at all levels shall, within the ambit of their tasks and powers, perform the state management of libraries in their localities; organize the formulation, promulgation and implementation of policies, strategies and plans on development of libraries and reading culture in their localities.

2. Provincial-level People’s Committee shall, within the ambit of their tasks and powers:

a/ Promulgate according to their competence, or propose to competent state agencies for promulgation, support policies to attract resources for the formation and development of library networks in their localities to meet local people’s needs for access to information and knowledge;

b/ To invest in the development of provincial-level libraries; to form and consolidate the systems of public libraries in their localities; to encourage organizations and individuals to establish and maintain community libraries and private libraries providing public library services in their localities; to provide the receipt by provincial-level libraries of publications published in their localities in accordance with law;

c/ To direct the modernization of libraries, and develop mechanisms on coordination between libraries and agencies and organizations in order to develop libraries and reading culture in their localities.

d/ To direct district- and commune-level People’s Committees to direct public libraries and library networks in their localities.

 

Chapter VI

IMPLEMENTATION PROVISIONS

Article 51.Effect

1. This Law takes effect on July 1, 2020.

2. Ordinance No. 31/2000/PL-UBTVQH10 on Libraries ceases to be effective on the effective date of this Law.

Article 52. Transitional provisions

Libraries established and registered for operation before the effective date of this Law may continue to operate without having to carry out operation notification procedures in accordance with this Law.

This Law was passed on November 21, 2019, by the XIVthNational Assembly of the Socialist Republic of Vietnam at its 8thsession.-

Chairwoman of the National Assembly
NGUYEN THI KIM NGAN

 



[1]Công Báo Nos 995-996 (26/12/2019)

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