Regulations on provision of and reply in press information in Vietnam

Regulations on provision of and reply in press information in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Regulations on provision of press information in Vietnam

Provision of press information in Vietnam according to Article 38 of the Press Law 2016 is as follows:

- Within the powers and duties, the organizations, agencies and responsible persons have the right and obligation to provide information for the press and shall take responsibility before law for the contents of information provided.

The provision of information to the press can be made in writing, on the website, press conference, interview and other forms. The press agency must use contents of information provided correctly and must indicate the information origin.

- The competent authorities, organzations and individuals have the right to refuse the provision of information to the press in the following cases:

= The information included in the list of state secrets, the secrets under the principles and regulations of the Party, individual privacy and other secrets as prescribed by law;

= The information about the cases under investigation or not yet judged, except for cases the state administrative agencies or the investigation agencies need the press information about the issues in favor of investigative activities and the prevention and fight against crime;

= The information about the cases under inspection pending the inspection conclusion or the cases whose complaints or denunciation is under the settlement; the disputes and conflicts between the state agencies are under the settlement pending the official conclusion from the competent persons not permitted for announcement as provided for by law.

= The documents of policies and schemes which are under development and are not announced by the competent level in accordance with regulations of law.

- For the cases which are under investigation and prosecution and pending trial, the negative cases or the cases with signs of law violation pending the conclusion from the competent state agency, the press has the right to provide information based on its own documentary sources and shall take responsibility before law for the contents of information.

- The press agencies and the journalists have the right and obligation not to disclose the information provider, except for the case with a written request from the Head of the People's Procuratorate, President of provincial People’s Court and the equivalent or higher level necessary for the investigation, prosecution and judgement of very serious or particularly serious crimes.

The Head of the People's Procuratorate and the President of provincial People’s Court and the equivalent or higher level shall plan to protect the information provider; the law enforcement agencies shall have to coordinate with the Head of the People's Procuratorate and the President of provincial People’s Court and the equivalent or higher level to protect the information provider.

- The state administrative agencies shall appoint the spokeman to speak and provide information for the press on periodic and unexpected basis.

2. Regulations on reply in the press in Vietnam

Regulations on reply in the press in Vietnam according to Article 39 of the Press Law 2016 are as follows:

- The head of press agency has the right to request the competent authorities, organizations or individuals to reply to the issues expressed by the citizens in the newspapers. Within 30 days after receiving the request from the head of the press agency, the relevant agencies, organizations or individuals shall make reply in the newspaper.

- Within 30 days after receiving the opinions, recommendations, comments or complaints from the organizations, citizens and citizens’ denunciation transferred from the press agency, the head of organization or agency shall inform the press agency of the measures of settlement.

If the time limit mentioned above is over without receiving the notice from the organization or agency, the press agency has the right to transfer the opinions, recommendations, comments, complaints or denunciation of the organizations or citizens to the agency of higher level having the authority to settle or bring such issues in the press.

- Within 10 days for the printed newspaper daily released and the talking newspaper and online newspapter and 15 days for weekly newspaper, in the lastest issue for the printed magazine after receiving the written reply from the agency or organization having the authorit to settle the complaints, denunciation or the written reply for the recommendations and complaints of the agencies, organizations or individuals concerning the issues the press has mentioned or received, the press agency must inform the organizations, agencies or citizens that have recommendations, comments complaints or denunciation or post the reply on their newspapers.

- The agencies, organizations and citizens have the right to request the press agencies to reply to the issues which they have provided information. The press agency shall have to make reply within 15 days after receiving the request from the agencies, organizations and citizens.

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