Conditions for publishing and release of electronic publications in Vietnam

Conditions for publishing and release of electronic publications in Vietnam (Source: Internet)

1. What is electronic publication?

According to Clause 9, Article 4 of the Publishing Law 2012, electronic publication the one specified at Points a, c, d, e, Clause 4 of Article 4 of the Publishing Law 2012 shall be formatted digitally and read, listened and viewed by electronic media.

Specifics include:

- Printed books;

- Paintings, photographs, maps, posters, flyers and leaflets;

- Types of calendar;

- Audio and video recording with the content for substitution of book or illustration for books.

2. Conditions for publishing and release of electronic publications in Vietnam

2.1. Conditions for publishing of electronic publication in Vietnam

Specifically, in Clause 1, Article 45 of the Publishing Law 2012, the electronic publishing shall be done by the publisher, organization or agency, having license of non-commercial material publishing and must comply with the provisions of Publishing Law 2012.

The publisher shall perform electronic publishing upon meeting the following conditions:

- Having capacity of equipment, technology and technical personnel to operate and manage the process of electronic publishing;

- Having technical measures in accordance with the provisions of state management agencies to prevent duplication and illegal interference in the content of publications;

- Having Vietnamese internet domain as prescribed by the law to carry out electronic publishing on the Internet;

- Having registered electronic publishing activities with the state management agencies on electronic publishing activities.

2.2. Conditions for release of electronic publications in Vietnam

 Agencies, organizations and individuals performing the release of electronic publishing must meet the following conditions specified in Clause 2, Article 45 of the Publishing Law 2012 as follows:

- Having capacity of equipment, technology and technical personnel to operate and manage the process of release of electronic publications;

- Having technical measures in accordance with the provisions of state management agencies to prevent duplication, illegal interference in the content of publications;

- Having Vietnamese internet domain as prescribed by the law to carry out electronic release of electronic publications on the Internet;

- Having registered activities of electronic publication release with the state management agencies on publishing activities.

3. Responsibility of agencies, organizations and individuals publishing and releasing electronic publications in Vietnam

* For publisher, General Director (Director), editor, Chief Editor of the publisher

Publisher, General Director (Director), editor, Chief Editor of the publisher are responsible for:

- Implementing the provisions of Articles 18, 29, 22, 22, 23, 24, 27, 45, 46, 47, 48, 49 and 52 of Publishing Law 2012;

- Ensuring the contents of electronic publications to be released in accordance with the contents of electronic publications legally deposited;

- Implementing technical measures to prevent interference in the content of publications or to remove illegal publications at the request of competent state agencies;

- Stopping the release of publications at the request of the State management agencies on publishing activities;

- Examining and monitoring associated publications

(Clause 1, Article 50 of Publishing Law 2012)

* For associated partner of publishing

Associated partner of publishing shall:

- Implement the provisions of Articles 23, 45, 46, 47 and 49 of Publishing Law 2012;

- Comply with the contents of the manuscripts which have been signed for approval by the General Director (Director) of publisher;

- Implement technical measures to prevent interference in the content of publications or to remove illegal publications at the request of competent state agencies;

- Stop the release of publications at the request of the State management agencies on publishing activities.

(Clause 2, Article 50 of Publishing Law 2012)

* For agencies, organizations, or individuals releasing publications

Agencies, organizations, or individuals releasing publications shall:

- Comply with the provisions of Article 46 of this Law and Points b, c and d, Clause 2 of Article 50 of Publishing Law 2012;

- Comply with the written approval of the author and the copyright owner;

- Take responsibility before law for the release of electronic publications.

(Clause 3, Article 50 of Publishing Law 2012)

* For agencies and organizations which are issued license of non-commercial materials

Agencies and organizations which are issued license of non-commercial materials shall:

- Comply with the provisions of Clause 6, Article 25 of Publishing Law 2012;

- Implement technical measures to prevent possible interference in the content of publications or remove publication with violations at the request of competent state agencies.

(Clause 4, Article 50 of Publishing Law 2012)

* For enterprises providing intermediary services on the Internet environment and telecom network in Vietnam

Enterprises providing intermediary services on the Internet environment and telecom network in Vietnam have the responsibility to:

- Implement the provisions at Points c and d, Clause 2 of Article 50 of Publishing Law 2012;

- Implement the provisions of the law on intellectual property or request agencies, organizations and individuals using services must comply with the regulations on intellectual property rights upon release of electronic publications.

(Clause 5, Article 50 of Publishing Law 2012)

Thanh Rin

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