Thông tư 23/2023/TT-BTTTT sửa đổi Thông tư 01/2020/TT-BTTTT hướng dẫn Luật Xuất bản và Nghị định 195/2013/NĐ-CP hướng dẫn Luật Xuất bản do Bộ trưởng Bộ Thông tin và Truyền thông ban hành

CIRCULAR

AMENDMENTS TO SOME ARTICLES OF CIRCULAR NO. 01/2020/TT-BTTTT DATED FEBRUARY 07, 2020 OF THE MINISTER OF INFORMATION AND COMMUNICATIONS ON ELABORATION AND GUIDELINES FOR SOME ARTICLES OF THE PUBLISHING LAW AND GOVERNMENT’S DECREE NO. 195/2013/ND-CP DATED NOVEMBER 21, 2013 ON ELABORATION OF SOME ARTICLES AND MEASURES FOR IMPLEMENTING THE PUBLISHING LAW

Pursuant to the Publishing Law dated November 20, 2012 (amended by the Law on Amendments to Some Articles concerning Planning of 37 Laws dated November 20, 2018);

Pursuant to the Government's Decree No. 195/2013/ND-CP dated November 21, 2013 on elaboration of some Articles and measures for implementing the Publishing Law (amended by the Government’s Decree No. 150/2018/ND-CP dated November 07, 2018 on amendments to certain Decrees on investment and business requirements, and administrative procedures in the information and communications sector);

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

At the request of the Director of Authority of Publication, Printing and Distribution,

The Minister of Information and Communications promulgates Circular on amendments to some Articles of Circular No. 01/2020/TT-BTTTT dated February 07, 2020 of the Minister of Information and Communications on elaboration and guidelines for some Articles of the Publishing Law and Government’s Decree No. 195/2013/ND-CP dated November 21, 2013 on elaboration of some articles and measures for implementing the Publishing Law (hereinafter referred to as “Circular No. 01/2020/TT-BTTTT”).

Article 1. Amendments to Circular No. 01/2020/TT-BTTTT

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

1. Each agency, organization and individual specified in Clause 1 and Clause 2 Article 5 of the Decree No. 195/2013/ND-CP shall follow a periodical reporting regime for publishing according to regulations in the Circular No. 02/2023/TT-BTTTT dated March 21, 2023 of the Minister of Information and Communications on periodical reporting regime within the scope of state management by the Ministry of Information and Communications.

2. Departments of Information and Communications or specialized agencies assigned by People's Committees of provinces and central- affiliated cities to perform state management of publishing (hereinafter referred to as "Departments”), central and local printing establishments shall combine publication printing contents and non-publication product printing contents and formulate reports on such contents according to regulations in:

a) Clause 3 Article 1 of the Government's Decree No. 25/2018/ND-CP dated February 28, 2018 on amendments to a number of Articles of Decree No. 60/2014/ND-CP dated June 19, 2014 of the Government on printing;

b) Forms No. 13, 15a, 15b and 15c of the Appendix issued together with Decree No. 72/2022/ND-CP dated October 04, 2022 of the Government on amendments to a number of Articles of Decree No. 60/ 2014/ND-CP dated June 19, 2014 of the Government on printing and Decree No. 25/2018/ND-CP dated February 28, 2018 of the Government on amendments to a number of Articles of Decree No. 60/2014/ND-CP dated June 19, 2014 of the Government on printing.”

2. Clauses 2 and 3 Article 6 shall be amended as follows:

“2. Procedures and method for reissuing an editing practicing certificate specified in Clause 4 Article 20 of the Publishing Law shall be carried out as follows:

a) After 02 years from the date on which the editing practicing certificate is revoked, the editor may request the Authority of Publication, Printing and Distribution to reissue the editing practicing certificate.  The application for reissuance of the editing practicing certificate, using Form No. 05 shall be submitted in person, by post or via online public service system to the Authority of Publication, Printing and Distribution;

b) Within 07 working days from the date of receipt of the complete application, the Authority of Publication, Printing and Distribution shall finish reissuing the editing practicing certificate to the editor; in case of refusal, a written reply which clearly states reasons is required.

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a) Within 15 days from the date on which the editing practicing certificate is lost or damaged, the editor shall submit an application for reissuance of the editing practicing certificate, using Form No. 05 in person, by post or via online public service system to the Authority of Publication, Printing and Distribution;

b) Within 05 working days from the date of receipt of the complete application, the Authority of Publication, Printing and Distribution shall finish reissuing the editing practicing certificate to the editor; in case of refusal, a written reply which clearly states reasons is required.

3. Clause 1 Article 10 shall be amended as follows:

“1. An application for issuance of a permit for publishing non-commercial documents shall be submitted in person, by post or via online public service system to the Authority of Publication, Printing and Distribution or a Department;”

4. Clauses 2, 3 and 4 Article 13 shall be amended as follows:

“2. An application for reissuance of a license for printing publications shall be submitted in person, by post or via online public service system to the Authority of Publication, Printing and Distribution or a Department;”

3. The application for reissuance of the license for printing publications shall be made according to Form No.18;

4. Within 05 working days from the date of receipt of the complete application, the Authority of Publication, Printing and Distribution or the Department shall reissue the license for printing publications; in case of refusal, a written reply which clearly states reasons is required.

5. Clauses 2 and 3 shall be amended and Clause 5 shall be added after Clause 4 Article 14 as follows:

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“2. An application for replacement of a license for printing publications shall be submitted in person, by post or via online public service system to the Authority of Publication, Printing and Distribution or a Department.

3. An application includes:

a) An application form for replacement of the license for printing publications, using Form No. 18;

b) In case of change in the production site’s address, the publication-printing establishment shall submit a copy of certificate of land use rights or contract or any other documents proving land allocation, land lease and site lease,”

b) Clause 5 shall be added after Clause 4 as follows:

“5. When there is any change in the head, the publication-printing establishment shall comply with regulations in Clause 7 Article 32 of the Publishing Law; in case the publication-printing establishment sends an application for replacement of a license for printing publications, the Authority of Publication, Printing and Distribution or a Department shall be responsible for replacement of the license for printing publications.”

6. Clause 6 shall be added after Clause 5 of Article 16 as follows:

“6. The publication-printing establishment shall store all original copies of publication printing documentation specified in Clauses 1, 2, 3 and 4 of this Article in the paper form, except for electronic original copies which must be stored in the data storage device, computer or other forms, thereby facilitating access and search if necessary or serving inspection."

7. Clauses 2, 3 and 4 Article 17 shall be amended as follows:

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3. An application includes: (if the specialized database interconnection among ministries, central and local authorities is completed, the publication-releasing establishment is not required to submit application compositions specified in points b, c and d of this Clause)

a) An application form for registration/re-registration of publication release, using Form No. 35;

b) A copy of a headquarter ownership document or contract for leasing or borrowing the headquarter to use as business location; 

c) A copy of document proving lawful permanent residence in Vietnam issued by the competent authority of Vietnam to the head of foreign publication-releasing establishment;

d) A copy of qualification or certificate of completion of training in publication release of the head of the publication-releasing establishment issued by an institution providing training in publication release.

If the application is submitted via online public service system, copies specified in points b, c and d of this Clause shall be certified electronic copies.

4. Within 05 working days from the date of receipt of the complete application, the Authority of Publication, Printing and Distribution or the Department shall issue the certificate of registration of publication release; in case of refusal, a written reply which clearly states reasons is required.

The certificate of registration of publication release is no longer valid if the publication-releasing establishment is merged, divided, dissolved or goes bankrupt.”

8. Clause 2 shall be amended and Clause 3 shall be added after Clause 2 Article 18 as follows:

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“2. The publication-releasing establishment shall follow procedures for re-registration of publication release according to regulations in Article 17 of this Circular within 10 days from the occurrence of one of the following changes:

a) The headquarter or a branch is relocated to another province or central-affiliated city;

b) The branch is established or dissolved in the province or central-affiliated city where its headquarter is located;

c) The branch is established or dissolved in the province or central-affiliated city where its headquarter is not located;

d) The certificate of registration of publication release is lost or damaged.”

b) Clause 3 shall be added after Clause 2 as follows:

“3. When one or multiple changes specified in Clause 1 of this Article occur, the publication-releasing establishment shall send a written notification to the Authority of Publication, Printing and Distribution or the Department; if the publication-releasing establishment submits an application for reissuance of the certificate of registration of publication release, the Authority of Publication, Printing and Distribution or the Department shall receive and process the application according to regulations in Clause 2, Clause 3 and Clause 4 Article 17 of this Circular.”

9. Clauses 1 and 2 Article 19 shall be amended as follows:

“1. An application for import of publications for business includes:

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b) 03 copies of list of publications registered for import if submitted in person or by post; 01 file of list of publications registered for import if submitted via the Vietnam National Single Window.

2. The application for import of publications for business shall be submitted in person, by post or via the Vietnam National Single Window under guidelines to the Authority of Publication, Printing and Distribution.”

10. Clauses 2 and 3 Article 21 shall be amended as follows:

“2. Within 05 working days from the date on which there is any change to the head, name or operations, the representative office shall follow procedures for amendment and adjustment to information indicated in the representative office establishment license.

An application for amendment and adjustment to information indicated in the representative office establishment license shall be made in Vietnamese (if a foreign language application is submitted, it must be translated into Vietnamese and legally notarized) and submitted to the Authority of Publication, Printing and Distribution in person, by post or via online public service system. The application includes;

a) An application form for amendment and adjustment to information indicated in the license, using Form No. 40;

b) A copy of representative office establishment license;

c) A copy of bachelor's degree or another higher education degree of the head of representative office.

In case the head of representative office has foreign nationality, in addition to the aforesaid documents, he/she shall also present a document proving the lawful permanent residence in Vietnam (if the specialized database interconnection among ministries, central and local authorities is completed, he/she is not required to submit the proving document specified in this point).

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Article 2. Annulment of some regulations in Circular No. 01/2020/TT-BTTTT

The following regulations shall be annulled:

1. Clause 5 Article 16. 

2. Article 27 and Appendix, including 53 forms issued together with Circular No. 01/2020/TT-BTTTT.

Article 3. Issuance of forms

45 forms are issued together with this Circular in order to replace 53 forms in the Appendix issued together with Circular No. 01/2020/TT-BTTTT.

Article 4. Transitional provisions

If the application has to be submitted before the effective date of this Circular but has not yet been completely processed, the agency, organization and individual related to the application shall continue to process it according to regulations in Circular No. 01/2020/TT-BTTTT until the application is completely processed.

Article 5. Entry into force

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2. Any difficulties that arise during the implementation should be reported to the Ministry of Information and Communications (via the Authority of Publication, Printing and Distribution) for consideration and settlement./.

MINISTER




Nguyen Manh Hung