Circular 23/2023/TT-BTTTT amend Circular 01/2020/TT-BTTTT guiding implementation of the Publication Law

CIRCULAR

Amending and supplementing a number of articles of the Minister of Information and Communications’ Circular No. 01/2020/TT-BTTTT of February 7, 2020, detailing and guiding the implementation of a number of articles of the Publication Law and the Government’s Decree No. 195/2013/ND-CP of November 21, 2013, detailing a number of articles of, and providing measures to implement, the Publication Law

Pursuant to the November 20, 2012 Publication Law (which is amended and supplemented under the November 20, 2018 Law Amending and Supplementing a Number of Articles of Thirty Seven Laws Related to the Planning Law);

Pursuant to Government’s Decree No. 195/2013/ND-CP of November 21, 2013, detailing a number of articles of, and providing measures to implement, the Publication Law (which is amended and supplemented under the Government’s Decree No. 150/2018/ND-CP of November 7, 2018, amending a number of decrees concerning business investment conditions and administrative procedures in the field of information and communications);

Pursuant to Government’s Decree No. 48/2022/ND-CP of July 26, 2022, defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communications;

At the proposal of the Director General of the Authority of Publication, Printing and Distribution,

The Minister of Information and Communications promulgates the Circular amending and supplementing a number of articles of the Minister of Information and Communications’ Circular No. 01/2020/TT-BTTTT of February 7, 2020, detailing and guiding the implementation of a number of articles of the Publication Law and the Government’s Decree No. 195/2013/ND-CP of November 21, 2013, detailing a number of articles of, and providing measures to implement, the Publication Law (below referred to as Circular No. 01/2020/TT-BTTTT).

Article 1. To amend and supplement a number of articles of Circular No. 01/2020/TT-BTTTT

1. To amend and supplement Article 2 as follows:

“Article 2. Periodical reporting regime specified in Clauses 1 and 2, Article 5 of Decree No. 195/2013/ND-CP

1. Agencies, organizations and individuals specified in Clauses 1 and 2, Article 5 of Decree No. 195/2013/ND-CP shall implement the periodical reporting regime in publication activities under the Minister of Information and Communications’ Circular No. 02/2023/TT-BTTTT of March 21, 2023, prescribing the periodical reporting regime falling under the state management by the Ministry of Information and Communications.

2. Provincial-level Departments of Information and Communications or specialized agencies assigned by provincial-level People’s Committees to perform the state management of publication activities (below referred to as Departments), centrally and locally run printing establishments shall include contents on printing of publications and contents on printing of products other than publications in the same reports and comply with:

a/ Clause 3, Article 1 of the Government’s Decree No. 25/2018/ND-CP of February 28, 2018, amending and supplementing a number of articles of the Government’s Decree No. 60/2014/ND-CP of June 19, 2014, prescribing printing activities;

b/ Forms No. 13, 15a, 15b and 15c of the Appendix provided in the Government’s Decree No. 72/2022/ND-CP of October 4, 2022, amending and supplementing a number of articles of the Government’s Decree No. 60/2014/ND-CP of June 19, 2014, prescribing printing activities and Decree No. 25/2018/ND-CP of February 28, 2018, amending and supplementing a number of articles of the Government’s Decree No. 60/2014/ND-CP of June 19, 2014, prescribing printing activities.”

2. To amend and supplement Clauses 2 and 3, Article 6 as follows:

“2. The order, procedures and mode of re-grant of an editing practice certificate provided in Clause 4, Article 20 of the Publication Law are specified as follows:

a/ After 2 years from the date of having his/her editing practice certificate revoked, an editor may request the Authority of Publication, Printing and Distribution to re-grant such certificate. A written request for re-grant of an editing practice certificate, made according to Form No. 05, shall be hand delivered or sent by post or via the online public service system to the Authority of Publication, Printing and Distribution;

b/ Within 07 working days after receiving a complete dossier, the Authority of Publication, Printing and Distribution shall re-grant an editing practice certificate to the concerned editor. If refusing to re-grant such certificate, it shall issue a written reply, clearly stating the reason.

3. The order, procedures and mode of re-grant of an editing practice certificate provided in Clause 5, Article 20 of the Publication Law are specified as follows:

a/ Within 15 days after his/her editing practice certificate is lost or damaged, an editor shall make a written request for re-grant of the certificate according to Form No. 05 and hand deliver it or sent it by post or via the online public service system to the Authority of Publication, Printing and Distribution;

b/ Within 5 working days after receiving a complete dossier, the Authority of Publication, Printing and Distribution shall re-grant an editing practice certificate to the concerned editor. If refusing to re-grant such certificate, it shall issue a written reply, clearly stating the reason.”

3. To amend and supplement Clause 1, Article 10 as follows:

“1. Dossiers of application for publication permits for non-commercial documents shall be hand delivered or sent by post or via the online public service system to the Authority of Publication, Printing and Distribution or Departments.”

4. To amend and supplement Clauses 2, 3 and 4, Article 13 as follows:

“2. A dossier of request for re-grant of a publication printing permit shall be hand delivered or sent by post or via the online public service system to the Authority of Publication, Printing and Distribution or a Department.

3. A written request for re-grant of a publication printing permit shall be made according to Form No. 18;

4. Within 5 working days after receiving a complete dossier, the Authority of Publication, Printing and Distribution or a Department shall re-grant a permit. If refusing to re-grant such permit, it shall issue a written reply, clearly stating the reason.”

5. To amend and supplement Clauses 2 and 3, and add Clause 5 to below Clause 4, Article 14 as follows:

a/ To amend and supplement Clauses 2 and 3 as follows:

“2. A dossier of request for renewal of a publication printing permit shall be hand delivered or sent by post or via the online public service system to the Authority of Publication, Printing and Distribution or a Department.

3. A dossier shall be made in 1 (one) set, comprising:

a/ A written request for renewal of a publication printing permit, made according to Form No. 18;

b/ In case of changing the address of the production premise, a publication printing establishment must enclose the dossier with a copy(ies) of the land use rights certificate or land allocation, land lease or ground lease contract or other papers proving land allocation, land lease or ground lease.”

b/ To add Clause 5 to below Clause 4 as follows:

“5. In case of a change in its head, a publication printing establishment must comply with Clause 7, Article 32 of the Publication Law; in case a publication printing establishment sends a written request for renewal of a publication printing permit, the Authority of Publication, Printing and Distribution or a Department shall renew a publication printing permit.”

6. To add Clause 6 to below Clause 5, Article 16 as follows:

“6. For dossiers of publication printing specified in Clauses 1 thru 4 of this Article, publication printing establishments shall store the paper originals, except the electronic originals which shall be stored on data storage devices, computers or in other forms) to ensure convenient access and search when necessary or upon the request for inspection and supervision.

7. To amend and supplement Clauses 2, 3 and 4, Article 17 as follows:

“2. Dossiers of registration for publication distribution operation may be hand delivered or sent by post or via the online public service system to the Authority of Publication, Printing and Distribution or Departments.

3. A dossier shall be made into one (1) set (excluding the specialized database between ministries, sectors and localities has completed its connectivity, a publication printing establishment shall not be required to submit the components of the dossier specified at Points b, c and d of this Clause), comprising:

a/ A written registration/re-registration for publication distribution operation, made according to Form No. 35;

b/ A copy of the paper proving the requester’s ownership of the working office or a contract on rent or borrowing of the working office for use as a business location;

c/ A copy of the paper proving that he/she is permitted to permanently reside in Vietnam, issued by a competent Vietnamese agency to the head of the publication distribution establishment with foreign citizenship;

d/ A copy of the diploma or certificate of further training in publication distribution granted by a publication distribution training institution to the head of the distribution establishment.

In case a dossier is submitted via an online public service, the components of a dossier specified at Points b, c and d of this Clause shall be electronic certified copies.

4. Within 5 working days after receiving a complete dossier, the Authority of Publication, Printing and Distribution or a Department shall grant the certificate on registration of publication distribution operation; in case of refusal to grant the certificate, it shall issue a written reply clearly stating the reason.

A certificate on registration of publication distribution operation shall be invalidated in case the publication distribution establishment is merged, split or dissolved or goes bankrupt.”

8. To amend and supplement Clause 2, and add Clause 3 to below Clause 2, Article 18 as follows:

a/ To amend and supplement Clause 2 as follows:

“2. Within 10 days after one of the following changes occurs, a publication distribution establishment shall carry out procedures for re-registration of publication distribution operation according to the order and procedures specified in Article 17 of the Circular:

a/ Relocation of its head office or branch to another province or centrally run city;

b/ Establishment or dissolution of its branch within the province or centrally run city where its head office is located;

c/ Establishment or dissolution of its branch in a province or centrally run city where its head office is not located.

d/ Its certificate on registration of publication distribution operation is lost or damaged.”

b/ To add Clause 3 to below Clause 2 as follows:

“3. Upon the occurrence of one or more changes specified in Clause 1 of this Article, a publication distribution establishment shall send a notice of such change(s) to the Authority of Publication, Printing and Distribution or a Department; in case a publication distribution establishment has a written request for re-grant of a certificate on registration of publication distribution operation, the Authority of Publication, Printing and Distribution or a Department shall receive and process the dossier in accordance with Clauses 2, 3 and 4, Article 17 of this Circular.”

9. To amend and supplement Clauses 1 and 2, Article 19 as follows:

“1. A dossier of registration for import of publications for commercial purposes must comprise:

a/ A written registration for import of publications, made according to Form No. 26;

b/ Three (3) lists of publications registered for import, for dossiers hand delivered or sent by post; one (1) file of lists of publications registered for import, for dossiers sent online on the Vietnam National Single Window.

2. Dossiers of registration for import of publications for commercial purposes may be hand delivered or sent by post or online as instructed on the Vietnam National Single Window to the Authority of Publication, Printing and Distribution.”

10. To amend and supplement Clauses 2 and 3, Article 21 as follows:

“2. Within 5 working days after having a change in its head, name or content of operation, a representative office shall carry out procedures for requesting modification and supplementation of information in the representative office establishment license.

A dossier of request for modification and supplementation of information in the representative office establishment license shall be made into 1 (one) set in Vietnamese (dossiers with foreign-language documents shall be accompanied by their notarized Vietnamese translations), and hand delivered or sent by post or via the online public service system to the Authority of Publication, Printing and Distribution. Such dossier must comprise:

a/ A request for modification or supplementation of information in the representative office establishment license, made according to Form No. 40;

b/ A copy of the original representative office establishment license;

c/ A copy of the bachelor’s diploma or other higher education diplomas of the head of the representative office.

In case the head of a representative office holds a foreign citizenship, he/she shall submit a copy of the paper proving that he/she is permitted to permanently reside in Vietnam, issued by a competent Vietnamese agency (after the specialized database between ministries, sectors and localities has completed its connectivity, he/she shall not be required to submit the paper proving that he/she is permitted to permanently reside in Vietnam under this Point).

3. Within 7 working days after receiving a complete dossier, the Authority of Publication, Printing and Distribution shall certify the change in the representative office establishment license; in case of refusal to certify the change, it shall issue a reply clearly stating the reason.

Article 2. To annul a number of provisions of Circular No. 01/2020/TT-BTTTT

To annul:

1. Clause 5, Article 16.

2. Article 27 and the Appendix comprising 53 forms provided in Circular No. 01/2020/TT-BTTTT.

Article 3. Promulgation of forms

To promulgate together with this Circular 45 forms to replace 53 forms in the Appendix provided in Circular No. 01/2020/TT-BTTTT.

Article 4. Transitional provisions

For administrative procedures under which dossiers are submitted before the effective date of this Circular but have not yet been settled, related agencies, organizations and individuals shall continue to comply with Circular No. 01/2020/TT-BTTTT until there is settlement results.

Article 5. Effect

1. This Circular takes effect on May 1, 2024.

2. Any problems arising in the course of implementation of this Circular should be reported in writing to the Ministry of Information and Communications (via the Authority of Publication, Printing and Distribution) for consideration and settlement.-

Minister of Information and Communications

NGUYEN MANH HUNG 

* The appendix to this Circular is not translated.