Is it permissible to spontaneously write and publish books in Vietnam?

Is it permissible to spontaneously write and publish books in Vietnam? What are the fines for publishing without publishing license in Vietnam?

Hello Lawnet. I am an economic book author but I am currently in the process of applying for a publishing license but have not yet been granted a publishing license. Can I spontaneously publish the book?

Thank you!

Is it permissible to spontaneously write and publish books in Vietnam?

Pursuant to Article 10 of the Law on Publishing in 2012 stipulating contents and behaviors prohibited in publishing activities as follows:

1. Seriously prohibiting the publishing, printing and release of publications with the following contents:

a) Conducting propaganda against the Socialist Republic of Vietnam and destroying the unity of the whole nation;

b) Conducting propaganda and incitement war of aggression, causing hatred between nations and peoples; conducting incitement of violence; spreading reactionary ideology, obscence and depraved lifestyle, criminal acts, social evils, superstition and destruction of habits and customs;

c) Disclosing the state secrets, personal secrets and other secrets prescribed by law;

e) Distorting historical truth, denying revolutionary achievements; offending nation, well-known persons, national heroes; failing to express or properly express sovereignty; slandering and insulting the reputation of the agency, organization and dignity of the individual.

2. It is strictly forbidden to perform the following acts:

a) Publishing without registration and publishing decision or publishing license;

b) Changing, distorting the content of the manuscripts which have been signed for approval by or non-business document manuscript with the seal of the publishing licensing agencies;

c) Illicit and false printing, illegal re-printing of publications

d) Releasing publications without legitimate origin or failing to submit copyright deposit

e) Publishing, printing and releasing publications which have been suspended from release, recovering, confiscating, banning from circulation, destroying or illegally importing publications;

f) Other prohibited acts as prescribed by law.

As regulations above, you are not allowed to spontaneously write and publish books in Vietnam.

What are the fines for publishing without publishing license in Vietnam?

Pursuant to Clause 6 and 9, Article 28 of the Decree 119/2020/NĐ-CP stipulating as follows:

6. A fine from VND 70,000,000 to VND 100,000,000 for the action below:

a) Using photocopiers and printing devices to duplicate publications which have been suspended from release, recalled, confiscated, banned from circulation, destroyed or illegally imported;

b) Printing fewer than 1,000 copies of the finished product or of the semi-finished product without a publishing decision and without an accepted manuscript for each publication title;

c) Printing the publication without a license to print publications.

9. Recovery method:

a) Must recall the publication, for the action specified in point a clause 3 of this Article;

b) Must destroy the print products, for the actions specified at points b and c, clause 4; clause 5; points a and b, clause 6; clause 7 of this Article;

c) Must return the illegal benefits gained from the violations specified in clauses 6 and 7 of this Article.

Pursuant to Clause 2 Article 4 of the Decree 119/2020/NĐ-CP stipulating fine amounts as follows:

2. The fines for the administrative violations specified in Chapters II and III of this Decree are the fines applicable to organizations, except for the violations specified in Article 6 of the Decree for individuals.

For the same act of administrative violation, the fine amount for individuals is equal to a half of the fine amount for organizations.

As regulations above, if individuals print the publication without a license, he/she shall face a fine from VND 35,000,000 to VND 50,000,000. The illegal benefits gained from the violations shall be returned. In addition, if the violator is an organization, it shall face a fine from VND 70,000,000 to VND 100,000,000.

Best regards!

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