Regulations on holding press conferences under the Press Law 2016 in Vietnam

May I ask, currently, according to the law, which subjects are allowed to hold press conferences? In what circumstances has the press conference in Vietnam been canceled? Ngoc Le (Gia Lai, Vietnam)


Regulations on holding press conferences under the Press Law 2016 in Vietnam (Internet image)

1. Subjects eligible to hold press conferences in Vietnam 

According to Clause 1, Article 41 of the Press Law 2016, the agencies, organizations and citizens have the right to hold a press conference to announce, declare, explain or answer the contents pertaining to their duties, powers or interests.

The press conference of the foreign representative agency or organization in Vietnam shall comply with the provisions in Clause 10, Article 56 of the Press Law 2016.

Thus, the subjects eligible to hold press conferences in Vietnam include:

-  The spokesman or the person in charge of providing information of:

+ The political organizations, National Assembly, Government, President of State;

+ The agencies of political organizations, social – political organizations of the central government and provincial level;

+ Ministries, sectors, ministerial agencies,

+ Provincial People’s Council, People’s Committee based on their functions and duties

(Clause 2, Article 41 of the Press Law 2016)

- Agencies, organizations other than those mentioned above and citizens  have the right to hold a press conference to provide information for the press according to Clause 3, Article 41 of the Press Law 2016.

2. Regulations on the notice when holding press conferences in Vietnam

According to Clause 3, Article 41 of the Press Law 2016, the agencies, organizations and citizens that hold a press conference must give a notice 24 hours in advance by the estimated time of press conference to the press state management agency as follows:

- The agencies or organizations directly under the central government shall give a notice to the Ministry of Information and Communications.

- The agencies and organizations which are not directly under the central government and the citizen shall give a notice to the provincial People’s Committee where the press conference is held.

The contents of the notice are the following information:

- Venue of press conference;

- Time of press conference;

- Contents of press conference;

- Person in charge of press conference;

(Clause 4, Article 41 of the Press Law 2016)

3. Cases of suspension of press conference in Vietnam

Pursuant to Clause 6, Article 41 of the Press Law 2016, the state management agency over the press has the right to suspend the press conference if it detects any sign of law violation or the contents of the press conference with the information specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8 and 9, Article 9 of the Press Law 2016 as follows:

- Posting and release of information against the Socialist Republic of Vietnam with the contents:

+ Distort, defame and deny the people's government;

+ Fabricate and cause panic among people;

+ Cause the psychological warfar.

- Post and and release information with the content which:

+ Causes division among classes of people, among the people with the people's government, the people's armed forces, political organizations, political - social organizations;

+ Causes hatred, discrimination, divisions, ethnic separatism, infringement of equal rights of ethnic communities in Vietnam;

+ Causes the division between religious people and non-religious people, between the followers of different religions, division of religious believers with the people's government, political organizations, political – social organizations and insults the religious beliefs;

+ Undermines the implementation of policies on international solidarity.

- Posts and and releases information inciting war against the independence, sovereignty and territorial integrity of the Socialist Republic of Vietnam.

- Distorts history; denies the revolutionary achievements; offends the nation and national heroes.

- Discloses information included in the list of state secrets, privacy and confidentiality of individuals as prescribed by law.

- Provides information advocating the bad practices, superstition; provide information about the mysteries causing puzzle in society, adversely affecting the order and social safety and health of the community.

- Incites violence; propagandizes the depraved lifestyle; meticulously describes lewd acts, criminal behaviour; provides information which does not match the habits and customs of Vietnam.

- Provides false information, distorts, slanders or hurts the prestige of organizations, agencies, honor and dignity of individuals; attributes guilt upon no judgement from the Court;

- Provides information which affects the normal physical and spiritual development of children.

Van Trong

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