What are the conditions for the establishment of publisher in Vietnam? What are the procedures for issuance of a license of publisher establishment in Vietnam?
- What are the conditions for establishment of publisher in Vietnam?
- What are the standards of positions of General Director (Director) and Chief Editor of publisher in Vietnam?
- What are the regulations on the approval of appointment of the leaders of publisher?
- What are the procedures for issuance of a license of publisher establishment in Vietnam?
- Under what cases is the license of publisher establishment revoked?
What are the conditions for establishment of publisher in Vietnam?
Pursuant to the provisions of Article 13 of the 2012 Publishing Law of Vietnam (Clause 4 is amended by Clause 3, Article 19 of the 2018 Law amendments to some of articles concerning planning of 37 Laws), the establishment of publisher must meet the following conditions:
- Having principles, purposes, functions, duties, objects to services and publications are in conformity with the functions and duties of the line agencies;
- Having qualified persons specified in Article 17 of the 2012 Publishing Law of Vietnam for appointment of General Director (Director), editor in chief and have at least five full-time editors;
- Having headquarters, financial resources and other necessary conditions to ensure the activities of the publisher as prescribed by the Government;
- Conforming to the State’s strategies, plans and policies on publishing development.
What are the conditions for the establishment of publisher in Vietnam? What are the procedures for issuance of a license of publisher establishment in Vietnam? (Image from the Internet)
What are the standards of positions of General Director (Director) and Chief Editor of publisher in Vietnam?
Pursuant to the provisions of Article 17 of the 2012 Publishing Law of Vietnam, the standards of positions of General Director (Director) and Chief Editor of publisher as follows:
Standards for General Director (Director):
- Being Vietnamese citizens residing in Vietnam, having good political and moral quality.
- Having University level or higher;
- Having at least 03 years performing work of editing, management of publishing or press, management at the line agency of publisher;
- Other standards as prescribed by law.
Standards for Chief Editor of the publisher:
- Having certificate of editing practice;
- Having at least 03 years of working as editor at the publisher or press agency;
- Other standards as prescribed by law.
What are the regulations on the approval of appointment of the leaders of publisher?
Pursuant to the provisions of Article 9 of Decree No. 195/2015/ND-CP (amended by Point a, Clause 4, Article 1 of Decree No. 150/2018/ND-CP) stipulating the approval of the appointment, dismissal and relief from duty of general directors (directors) and editors-in-chief of publishing houses is prescribed as follows:
- Before appointing the general director (or director) or the editor-in-chief of a publishing house, the agency in charge of managing such publishing house must submit an application for approval from the Ministry of Information and Communications.
The application includes:
+ The application form for approval of the personnel appointment;
+ The resume of the to-be-appointed person;
+ The certified copy or the copy presented with its original for verification purpose of the bachelor’s degree or higher of the to-be-appointed person;
- Within 15 business days from the receipt of a complete application, the Ministry of Information and Communications shall give or refuse to give a written approval for the appointment, dismissal or discharge of the general director (or director) or the editor-in-chief of a publishing house.
What are the procedures for issuance of a license of publisher establishment in Vietnam?
Pursuant to Clause 1, Article 14 of the 2012 Publishing Law of Vietnam, Clause 2, Article 14 of the 2012 Publishing Law of Vietnam and Clause 3, Article 14 of the 2012 Publishing Law of Vietnam stipulating the procedures for issuance of a license of publisher establishment in Vietnam as follows:
(1) The line agency of publisher shall prepare dossier to request the licensing of publisher establishment and send it to the Ministry of Information and Communications.
The dossier includes:
- Application for issuance of license of publisher establishment;
- Scheme for publisher establishment and papers evidencing all the conditions specified in Article 13 of the 2012 Publishing Law of Vietnam.
(2) Within 30 days from the date of receipt of complete dossier, the Ministry of Information and Communication shall issue license of publisher establishment. If not licensing, there must be written reply clearly stating the reasons.
(3) After being issued license of publisher establishment, the line agency shall make a decision on establishing publisher and prepare other necessary conditions for activities of the publisher.
The publisher must operate within the scope specified in the license.
Under what cases is the license of publisher establishment revoked?
Pursuant to the provisions of Clause 5, Article 14 of the 2012 Publishing Law of Vietnam, the license of publisher establishment shall be revoked in the following cases:
- The time limit of suspension is over without remedy for the cause leading to the suspension.
- Within 06 months from the date of issuance of the license of publisher establishment but the line agency does not make a decision on the publisher establishment;
- Within consecutive 12 months without any publication for legal deposit from the publisher.
- Failing to meet the conditions specified in Article 13 of the 2012 Publishing Law of Vietnam and causing serious consequences
- Seriously violating other provisions of law.
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