Chapter V - State management of the press

* This translated version is originated from Ministry of Justice and for reference only.

Article 17. Contents of State management over the press.

The contents of State management over the press shall include:

1. Elaborating and directing the implementation of the strategy, planning and plans for development of the press;

2. Promulgating and organizing the implementation of legal documents on the press; elaborating the press-related regimes and policies;

3. Organizing the provision of information for the press; managing the press’s information;

4. Training, fostering and raising the political and professional skills as well as the professional ethics of the contingent of journalists;

5. Organizing and managing scientific and technological activities in the journalistic field;

6. Granting or withdrawing the press activity permits and journalists cards;

7. Managing international journalistic cooperation as well as the overseas activities of the Vietnamese press and foreign press activities in Vietnam;

8. Inspecting the depositary of the press; managing the press depositary warehouses;

9. Organizing and directing the commendation and reward in the press activities;

10. Guiding, examining and inspecting the implementation of the regimes, policies, planning and plans for development of the press as well as the observance of the press legislation; taking measures to prevent unlawful press activities; settling complaints, denunciations and handling violations in the press activities.

Article 17a. State management agencies in charge of the press.

1. The Government shall exercise the unified State management over the press.

2. The Ministry of Culture and Information shall take responsibility before the Government for the State management over the press.

3. The ministries, ministerial-level agencies and agencies attached to the Government shall, within the ambit of their tasks and powers, have to exercise the State management over the press in accordance with the Government’s stipulations.

The Government shall specify the responsibilities of ministries, ministerial-level agencies and agencies attached to the Government in the coordination with the Ministry of Culture and Information for the exercise of the unified State management over the press.

4. The People’s Committees of the provinces and centrally-run cities shall exercise the State management over the press in their respective localities according to the assignment of responsibilities by the Government.

Article 17b. International relations in the press activities.

The State shall expand international relations in the press activities on the principle of respect for each other’s national independence and sovereignty, equality and mutual benefit.

The Government shall stipulate in detail international relations in the press activities.

Article 17c. Finance of the press bodies.

1. The State shall adopt the policies of budgetary support and create conditions for the press to develop.

The parent agencies of the press bodies shall have to arrange necessary financial resources for the operation of the press bodies.

The press bodies shall be entitled to receive and use for the right purposes and efficiently voluntary aids from organizations and individuals according to the Government’s stipulations.

2. The press bodies shall be entitled to organize business and service activities compatible with their professional activities according to the Government’s stipulations and other provisions of law so as to create more sources of revenue for investment in the press development. The press bodies shall have to fulfill tax obligations regarding their business and service activities.

The press bodies shall enjoy tax and fee preferences for their publication and press activities as prescribed by law.

3. The press bodies shall have to abide by the accountancy, statistical, financial examination and inspection regimes as prescribed by law.

Article 17d. Press publication and distribution in service of a number of objects.

The State shall work out the budgetary support policies to create conditions for the press publication and distribution to people in the areas facing difficult socio-economic conditions and areas meeting with exceptionally difficult socio-economic conditions as well as to the overseas Vietnamese community.

Article 17e. Press inspectorate.

Press inspectorate is the specialized press inspectorate.

The organization and operation of the specialized press inspectorate shall be defined by the Government.

Article 18. Requirements for performing press activities.

Any organization which wishes to establish a press organization shall be required to satisfy the following requirements:

1. It must be able to provide from within its organization a person who satisfies all of the criteria necessary for him or her to be the head of the press organization in accordance with the provisions of article 13 of this Law;

2. It must specify clearly the name, guiding principles, aims, target audience, principal area of publication, capacity, schedule, frequency, broadcasting range and language to be used by the press organization;

3. It must have an official office and other facilities necessary to ensure the proper performance of the activities of the press organization.

Article 19. Granting permits for press activities.

1. The granting of press activity permits must be based on the conditions defined in Article 18 of the Press Law and conform with the press development planning.

The Ministry of Culture and Information shall grant permits for press activities.

The dossiers of application for press activity permits shall be stipulated by the Ministry of Culture and Information.

2. The press bodies shall operate only after obtaining permits from the State management agencies in charge of the press. In case of refusal to grant the permit, the involved State management agency in charge of the press shall, within 30 days after receiving the dossier of application for press activity permit, have to reply in writing, clearly stating the reasons therefore. The rejected press body may lodge a complaint to the competent agency or initiate a lawsuit at court.

Article 19a. Establishment of representative and permanent offices of the press bodies.

1. Press bodies wishing to establish their representative offices or permanent offices inside the country shall have to meet all conditions on personnel, offices and get written consent from the People’s Committees of the provinces and centrally-run cities where such representative offices or permanent offices are to be set up and have to notify the Ministry of Culture and Information thereof.

2. The Government shall specify the establishment of the Vietnamese press’s representative offices and permanent offices overseas as well as the establishment of foreign press’s representative offices and permanent offices in Vietnam.

Article 20. Effect of a licence.

A press organization shall perform exactly in accordance with the provisions of its licence. In the event that the press organization wishes to change its name, guiding principles, aims, target audience, language used, principal area of publication or frequency of publication, it must re-apply for a new licence.

In determining or changing its capacity, schedule, frequency, or broadcasting range, the press organization shall be required to obtain a permit from the State management body responsible for control of radio frequency.

The assignment to other organizations or bodies of a licence to perform press activities shall not be permitted.

Article 21. Performing other types of press, publishing other press publications, broadcasting special programs or additional programs.

1. Press bodies shall only be allowed to perform other types of press in conformity with their functions and tasks when they meet all conditions stipulated in Article 18 of the Press Law and are granted permits by the Ministry of Culture and Information.

2. Organizations wishing to publish special issues of their publications or press bodies wishing to publish additional issues, supplements, special issues of their publications or broadcast special programs or additional programs must be granted permits by the Ministry of Culture and Information.

Article 22. Printing the press, broadcasting radio and television programs, launching electronic press on the computerized information network.

Printing houses shall have to execute contracts, ensuring the distribution time of the press; they are not allowed to print press publications without permits or re-print press works which have been banned from circulation by order of the State management agencies in charge of the press.

Technical establishments broadcasting radio and television programs shall have to ensure the broadcasting range as prescribed.

Radio stations, television stations and establishments making audio-visual news programs are not allowed to broadcast the contents of those press works which, by issued orders, have been banned from circulation or confiscated.

The electronic press shall operate on the computerized information network in accordance with the Government’s stipulations.

Article 23. Copy deposit.

In accordance with regulations provided by the Government, the printed press shall be required to lodge a copy of all materials prior to their publication and the audio press and visual press shall be required to retain drafts, films, tapes and discs recording sound or picture.

Article 24. Publication of the press.

A press organization may publish, or delegate the task of publishing, to organizations or individuals being registered publishers.  No person shall be permitted to obstruct the publication of newspapers or magazines to readers, except where there is an order in force which prohibits their circulation. Organizations and individuals shall not be permitted to circulate any newspapers or magazines in respect of which a licence to publish has not been issued or the circulation of which has been prohibited.

Article 25. Advertisements.

The press shall be permitted to publish and broadcast advertisements and to collect advertising fees.  The contents of advertisements must be distinct from the contents of propaganda and must not violate the provisions of article 10 of this Law.

Article 26. Press conferences.

Any organization or citizen wishing to hold a press conference shall be required to give notice in advance to the State management body responsible for the press. Where the content of the press conference is in breach of the provisions of article 10 of this Law, it shall be prohibited.