Nghị định 98/1997/NĐ-CP về Quy chế hoạt động của báo chí Việt Nam liên quan đến nước ngoài

DECREE

PROMULGATING THE OPERA-TING RULES OF THE VIETNAMESE PRESS RELATED TO FOREIGN COUNTRIES

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;Pursuant to the Press Law of December 28, 1989;In order to strengthen the management and ensure favorable conditions for the activities of the Vietnamese press related to foreign countries;At the proposals of the Minister of Culture - Information and the Minister for Foreign Affairs,

DECREES:

Article 1.- To issue together with this Decree:

The Operating Rules of the Vietnamese Press Related to Foreign Countries.

Article 2.-

1. The press agencies, the parent organizations of the press, the Vietnam Journalists� Association; the heads of the press agencies and the Vietnam Journalists� Association; Vietnamese journalists; correspondents and editors of Vietnam press agencies; foreigners working at Vietnamese press agencies; the agencies, organizations and individuals related to the activities of the Vietnamese press bearing on foreign countries have the responsibility to implement these Rules.

2. An agency, organization or individual that violates the provisions of these Rules shall be handled according to the law in force in Vietnam depending on the extent of their violations.

Article 3.- This Decree takes effect 15 days after its promulgation. The earlier regulations which are contrary to the Rules issued together with this Decree are now annulled.

The Minister of Culture - Information and the Minister for Foreign Affairs shall have to issue a circular guiding the implementation of the Rules issued together with this Decree not later than September 30, 1997.

Article 4.- The Ministers, the Heads of the ministerial-level agencies, the Heads of the agencies attached to the Government, the Presidents of the People�s Committees of the provinces and cities directly under the Central Government shall have to implement this Decree.

OPERATING RULES OF THE VIETNAMESE PRESS RELATED TO FOREIGN COUNTRIES(Issued together with Decree No.98-CP of September 13, 1997 of the Government)

Chapter I

GENERAL PROVISIONS

Article 1.- The activities of the Vietnamese press bearing on foreign countries mentioned in these Rules include:

1. Press distribution, broadcasting of Vietnamese radio and television programs destined for foreign countries;

2. Setting up of press offices of the Vietnamese representative offices in foreign countries; printing the press and broadcasting Vietnamese radio and television programs abroad;

3. Sending journalists and correspondents abroad;

4. Setting up representative offices of the Vietnamese press in foreign countries;

5. Supplying news, articles, pictures and photos to foreign press;

6. Activities of the Vietnamese press in cooperation with foreign countries;

7. Hiring foreign specialists and collaborators.

Article 2.- Subject to the regulations of these Rules are:

1. Press agencies, parent organizations of the press, organizations of the Vietnam Journalists� Association;

2. The heads of the press agencies, and organizations of the Vietnam Journalists Association;

3. Vietnamese journalists (as stipulated in Article 14 of the Press Law);

4. Correspondents and editors of Vietnamese press agencies;

5. Foreigners working at press agencies and organizations in Vietnam;

6. Agencies, organizations or individuals related to the activities of the Vietnamese press bearing on foreign countries.

Article 3.- The Ministry of Culture - Information of the Socialist Republic of Vietnam (hereunder referred to as Ministry of Culture - Information) is the agency performing the function of State management over the activities of the Vietnamese press related to foreign countries and giving permission to the activities of the Vietnamese press bearing on foreign countries as stipulated in Article 1 of these Rules. The Ministry of Culture - Information shall have to work out a regime of consulting the specialized agencies of the Party regarding the above activities.

Article 4.- All activities of the subjects of the Vietnamese press related to foreign countries stipulated in Article 2 of these Rules shall have to be conducted in conformity with Clause 5 of Article 6 and Article 10 of the Press Law and other stipulations of Vietnamese law.

Chapter II

PRESS DISTRIBUTION, BROADCASTING OF VIETNAMESE RADIO AND TELEVISION PROGRAMS DESTINED FOR FOREIGN COUNTRIES

Article 5.-

1. Press distribution and the broadcasting of Vietnamese radio and television programs destined for abroad must ask for permission of the Ministry of Culture - Information. The application dossier shall comply with the prescriptions of the Ministry of Culture - Information.

2. The accessing of information to the INTERNET shall comply with the "Provisional Regulation on the Management, Establishment and Use of the INTERNET Network in Vietnam" issued together with Decree No.21-CP of March 5, 1997 and subsequent guiding circulars.

Article 6.-

1. The Ministry of Culture - Information shall issue permits for the distribution of the press and the broadcasting of Vietnamese radio and television programs destined for abroad within 30 days after full reception of the valid dossier.

In case of refusal, the Ministry of Culture - Information shall have to inform in writing the applicant agency or organization and have to state the reason therefor within 30 days after full reception of the valid dossier.

2. Within 90 days after the date of approval written in the permit, if the activities applied for do not begin, the permit shall automatically be invalidated.

3. The agency or organization which has been granted the permission shall have to comply strictly with the provisions written in the permit. If it wants to change any of these provisions, it has to reapply for permit.

Chapter III

ESTABLISHMENT OF THE PRESS AGENCY OF THE VIETNAM REPRESENTATIVE OFFICE IN A FOREIGN COUNTRY; PRESS PRINTING, BROADCASTING OF VIETNAM RADIO AND TELEVISION PROGRAMS ABROAD

Article 7.- The establishment of the press agencies of the Vietnam representative offices in foreign countries, the press printing and broadcasting of Vietnam radio and television programs abroad must comply with the law of the country where they are located and must be conducted in accordance with the provisions of these Rules and the Vietnam Press Law.

Article 8.-

1. The Vietnam representative offices in foreign countries which want to establish their press agencies; the agency or organization which wants to print the press and broadcast Vietnam radio and television programs abroad, after getting the approval of the Vietnam Ministry for Foreign Affairs, must ask for permission of the Vietnam Ministry of Culture-Information. The applying dossier shall comply with the prescriptions of the Vietnam Ministry of Culture - Information.

2. The Ministry of Culture - Information shall issue the permit for the establishment of the press agencies of the Vietnam representative offices in foreign countries; for the printing of the press in and the broadcasting of Vietnam radio and television programs to foreign countries within 30 days after full reception of the valid dossier.

In case of refusal, the Ministry of Culture - Information shall have to inform in writing the applying agency or organization and to state the reason therefor within 30 days after full reception of the valid dossier.

3. The agency or organization that is issued the permit shall have to strictly comply with the provisions in the permit. If it wants to change any provision it shall have to reapply for permit.

Article 9.- The Vietnam representative office in the foreign country which has the press agency must:

1. Take responsibility for all activities of its press agency;

2. Periodically inform the Ministry of Culture - Information and the Vietnam Diplomatic Representative Office in that country about the activities of the press agency.

Chapter IV

SENDING JOURNALISTS AND CORRESPONDENTS ABROAD

Article 10.-

1. A press agency or an organization of the Vietnam Journalists� Association which wants to send journalists or correspondents abroad for press activities must consult the Ministry of Culture - Information and send it the dossier of such persons. The dossier shall comply with the prescriptions of the Ministry of Culture - Information.

2. The Ministry of Culture - Information shall approve in writing the sending of journalists or correspondents for press activities within 15 days after full reception of the valid dossier(s).

In case of refusal, the Ministry of Culture-Information shall inform the consulting agency or organization and must state the reason therefor within 15 days after full reception of the valid dossier(s).

Article 11.- The head of the press agency or the organization of the Journalists association must:

1. Take responsibility for the personnel and the contents of the activities of the journalists or correspondents sent abroad;

2. Inform the Ministry of Culture - Information and the Vietnam diplomatic representative office in that country of the results of the activities of the journalists or correspondents sent to that country.

Chapter V

SETTING UP REPRESENTATIVE OFFICE OF THE VIETNAM PRESS ABROAD

Article 12.-

1. A press agency which wants to set up a Permanent Press Office in a foreign country must apply for permission from the Ministry of Culture - Information. The applying dossier shall conform with the prescriptions of the Ministry of Culture - Information.

2. The Ministry of Culture - Information shall issue a permit for setting up a Permanent Press Office in the foreign country within 30 days after full reception of the valid dossier.

In case of refusal, the Ministry of Culture - Information must inform in writing the applying press agency and must state the reason therefor within 30 days after full reception of the valid dossier.

3. Within 90 days after the date of approval written in the permit, if the press agency has not begun to operate, the permit shall automatically be invalidated.

Article 13.- The head of the press agency having a Permanent Press Office in a foreign country must:

1. Take responsibility for the activities of the permanent press office in that foreign country;

2. Periodically report to the Ministry of Culture - Information and the Vietnam Diplomatic Representative Office in that country on the activities of the Permanent Press Office in that country.

Chapter VI

SUPPLYING NEWS, ARTICLES, PICTURES AND PHOTOS TO FOREIGN PRESS

Article 14.- Journalists, correspondents and editors who want to supply news, articles, pictures or photos to or to cooperate in any form with foreign press must have the approval of the head of the press agency where they work.

Article 15.- The head of the press agency must:

1. Take responsibility for the contents of the news, articles, pictures and photos supplied to the foreign press;

2. Send to the Ministry of Culture - Information the news, articles, pictures and photos sent to the foreign press according to the regime of submitting copyright deposit.

Chapter VII

ACTIVITIES OF COOPERATION OF THE VIETNAM PRESS WITH FOREIGN COUNTRIES

Article 16.-

1. A press agency or an organization of the Journalists Association before signing a document on cooperation with a foreign country must consult the Ministry of Culture - Information and send it the draft of that document.

2. The Ministry of Culture - Information shall approve in writing the document on cooperation with the foreign country within 15 days after reception of the draft document on cooperation.

In case of refusal, the Ministry of Culture - Information must inform the consulting agency or organization and must state the reason therefor within 15 days after reception of the draft document on cooperation.

Article 17.- The cooperation of the Vietnam press with foreign countries must conform with the current prescriptions of Vietnamese law.

Article 18.- The head of the press agency or organization of the Journalists Association must:

1. Take responsibility for the activities of cooperation of the Vietnam press with foreign countries (signing cooperative documents, implementing the terms of cooperation);

2. Periodically report to the Ministry of Culture - Information on the implementation of the cooperative terms with foreign countries.

Chapter VIII

HIRING FOREIGN SPECIALISTS AND COLLABORATORS

Article 19.-

1. A press agency which wants to hire foreign specialists or collaborators (foreigners for short) must consult the Ministry of Culture - Information. The consulting dossier shall conform to the regulations of the Ministry of Culture - Information.

2. The Ministry of Culture - Information shall approve in writing the document on hiring foreign specialists and collaborators within 15 days after full reception of the valid dossier.

In case of refusal, the Ministry of Culture - Information must inform the consulting press agency and must state the reason therefor within 15 days after full reception of the valid dossier.

Article 20.- The hiring of foreigners to work for a Vietnam press agency shall conform to the prescriptions of the Labor Code on the granting of the labor permit for foreigners working in Vietnam and must not violate the stipulations in the Regulations on the information and press activities of foreign correspondents and the foreign agencies and organizations in Vietnam issued together with Decree No.67-CP of October 31, 1996 of the Government.

Article 21.- The head of the press agency must:

1. Take responsibility for the activities under the contract of the foreigner(s) working at his press agency;

2. Periodically report to the Ministry of Culture - Information on the implementation of the contract of the foreigner(s).

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