Circular 13/tt-Btttt 2011: Rules Of Representative Office In Vietnam By Foreign Publishers, Issuers Of Foreign Publications

Original Language Title: Thông tư 13/2011/TT-BTTTT: Quy định về Văn phòng đại diện tại Việt Nam của nhà xuất bản nước ngoài, tổ chức phát hành xuất bản phẩm nước ngoài

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Pursuant to the law published on December 3, 2004 and the law on amendments and supplements to some articles of the law published July 3, 2008;

Pursuant to Decree No. 111/2005/ND-CP dated 26 August 2005 from the Government detailing and guiding the implementation of some articles of the law on publication was amended and supplemented by Decree No. 11/2009/ND-CP dated 10 February 2009 and Decree No. 110/2010/ND-CP dated 9 November 2010 of the Government;

Pursuant to Decree No. 187/2007/ND-CP dated 25 December 2007 the Government functions, tasks, powers and organizational structure of the Ministry of information and communications;

At the suggestion of the Director of publication, the PROVISIONS: article 1. Scope and objects 1. Scope: this circular stipulates the establishment of the (latest), operation and management of a representative office in Vietnam by foreign publishers, issuers of foreign publications in publishing activities (hereinafter referred to as the Office).

2. Objects: a) foreign publishers, issuers of foreign publications (including business, the Organization was established in foreign operations, most diverse areas including publishing, issuing publications) (most recent) representative office in Vietnam;

b) representative office in Vietnam by foreign publishers, issuers of foreign publications;

c) publishing Bureau, Inspector of the Ministry of information and communication, Department of information and communications of the province, the central cities.

Article 2. Established (latest) representative office in Vietnam in the formation (latest) representative office in Vietnam by foreign publishers, issuers of foreign publications must be the information and media licensing permissions.

Article 3. Establishment license (most recent) representative office 1. Records suggest the establishment license (most recent) Representative Office (hereinafter referred to as the license) was established 1 (one) set by Vietnamese and English (where there is no difference between a Vietnamese and English version, the use of a Vietnamese), send directly or sent by post , courier service to the Department of publishing, including: a) Licensing application (form No. 1 attached to this circular);

b) documents of State authorities or foreign authorities confirm a foreign Publisher, issuers of foreign publications are operating legally in the country where the head office;

c) certified copies or copies accompanied by a reference to the lease, based in Vietnam to make a representative office or papers are of equivalent value;

d) certified copies or copies accompanied by a reference to the main criminal votes due to the competent authorities of Vietnam granted to the head of the representative office.

2. Case profile improperly prescribed in paragraph 1 of this article, within a period of 5 (five) days from the date of receipt, the Bureau published must inform in writing to foreign publishers, the Organization released additional foreign publications, complete records or returned.

3. The Bureau is responsible for publishing the Minister of information and media license within a period of 30 (thirty) days from the date of application specified in clause 1 of this article. Term of license does not include the additional time, complete the profile for incorrect records regulations.

4. license has a time limit of 5 (five) years from the date of signing and be renewed each time not more than 5 (five) years.

5. in case of not granting a licence, the Bureau published must notify in writing to the Publisher, foreign issuers foreign publications about reasons not to license immediately upon expiry of the provisions in paragraph 3 of this article.

Article 4. Notice the activity of representative office during 30 (thirty) days from the date of the communication and information Ministry license, a representative office is notified in writing to the Department of information and communication in and on the print or electronic newspaper is operating legally in Vietnam (in 3 consecutive numbers or 3 consecutive days) about the information the following: 1. Name, address, telephone number, website (if any) of foreign publishers, issuers of foreign publications;

2. Name, address, telephone number of representative offices and other information (if any);

3. Full name, nationality of the head of the representative office;

4. License number, date of license, the term of the licence, the licensing agency name;

5. content of representative office activities stated in the permit;

6. Day, month, year started operations.

Article 5. Reissued license, license renewals, verification of information change on license 1. Grant of license: back When lost, damaged licenses, foreign publishers, issuers of foreign publications made or delegated to the head of Representative Office proposed to license under the provisions of the following: a) during 5 (five) days from the date of loss damaged, licenses, must be notified in writing to send the Bureau published, Department of communication and media in which stated the reason lost, damaged licenses;

b) during 10 (ten) days from the date of loss, damaged licenses must have suggested granting the license again. The records include application-level license back (according to the model No. 1 attached to this circular) and a copy of the licence (if any) or damaged licence sent directly or sent by mail, courier service to the publishing Agency.

2. license renewal: a) of at least 30 (thirty) days before the date the license expires, the foreign publishers, issuers of foreign publications was the proposal to renew the license (most recent) representative office. Records suggest that renew the licence is sent directly or sent by mail, courier service to the Department of publishing, including license renewal form (form No. 2 attached to this circular) and the license has been granted;

b) for permits issued before the date of this circular have the enforceable term 5 (five) years from the date of signing. The case of the licences was too limited time 5 (five) years, the foreign publishers, issuers of foreign publications to prepare proposals to renew the license as defined in point a of this paragraph.

3. Confirm the information change on license: at least 10 (ten) days prior to a change of venue, the head, the name, the content of the activities of the representative office, foreign publishers, issuers of foreign publications are as follows: a) for changing the location of representative office : direct or authorize a representative office notified in writing to the Bureau publication, Department of information and communication in the know about the change of venue. Send directly or sent by mail, courier service licence has been granted, copies are certified or original copy attached to collate the papers specified in point c of paragraph 1 of article 3 of this circular and form (form No. 2 attached to this circular) to the publishing Agency.

b) for cases to change the head, the name, the content of the activity of representative office: direct or authorize a representative office notified in writing to the Bureau publication, Department of information and communication in the know about the change of the head, the name, active content. Send directly or sent by mail, courier service licence has been granted, the criminal vote specified in point d of paragraph 1 of article 3 of this circular (for the case of change of the head) and form (form No. 2 attached to this circular) to the publishing Agency.

4. within 10 (ten) working days from the date of receipt of application for the cases specified in paragraphs 1, 2 and 3 of this article, the Department is responsible for publishing the review, the Minister of information and communications back to the license, license renewals, verification of information change on license; The case does not grant the license again, to renew the licence, confirm the information changes on the licence, the Bureau published must have written reply stating the reason.

5. Pending the license again, renew, confirm the change information on licenses, offices are still active.

Article 6. Content activity of representative office 1. Introduction to the Organization and products of foreign publishers, issuers of foreign publications which themselves represented in the form of direct referrals, display, exhibition, advertising and other forms prescribed by the law of Vietnam.

2. Perform functional communication between organizations and individuals in Vietnam with foreign publishers, issuers of foreign publications that I represent.

3. Market research to promote opportunities to buy, sale of publications between publishers, foreign issuers foreign publications which themselves represented with other private organizations in Vietnam.

4. support the active promotion of Exchange and cooperation on copyright, on publishing, printing, release of publications between publishers, foreign issuers foreign publications which themselves represented with organizations, individuals in Vietnam under the provisions of the law.

5. Be imported publications are not business purposes in accordance with the law.

6. the other provisions of the law of Vietnam representative office.

Article 7. Report of the mode offices 1. Periodically 6 (six) months, agents must report in writing (form No. 05 attached to this circular) sent to the publishing Bureau, Department of communication and media in on June 30 and December 31 every year.

2. where, upon request of the State Agency on activity of publishing, a representative office is obliged to provide documents, reports or explain the issues relevant to its activities.

Article 8. The termination of activity of representative office 1. Representative offices termination of activity in the following circumstances: a) foreign publishers, issuers of foreign publications of voluntary termination of activity of representative office in Vietnam;


b) foreign publishers, issuers of foreign publications to terminate active or defunct, bankrupt;

c) license (most recent) representative office expires;

d) license is revoked under the provisions of item 2 article 10 of this circular.

2. Before the termination of the activity of 30 (thirty) days for the cases stipulated in points a, b and c of paragraph 1 of this article, the representative offices must perform the following operations: a) listed at the headquarters of the Office of operations and specify the time of cessation of activity;

b) Send notice of the termination of operations and specify the time of the termination of the activity to the publication Bureau, Department of information and communication in organizations, agencies and individuals concerned;

c) posted on the newspaper or the electronic newspaper is operating legally in Vietnam (3 consecutive numbers or 3 consecutive days) on the termination of the activity and the time of the termination of the operation.

Article 9. These things are not made 1. For the Office: a) operates without a license under the provisions of this circular;

b) as the representative for foreign publishers, the Organization released other foreign publications that do not have a license;

c) establish, join, which established the business of publishing, print publications and released the book in Vietnam or perform work directly making a profit in Vietnam;

d) activity after the foreign publishers, issuers of foreign publications have active termination, dissolution or bankruptcy.

2. for the head of representative office: a) the contract, transaction or perform work directly making a profit in Vietnam for representative office, Publisher, foreign issuers foreign publications that you represent;

b) established, participating in any form in order to establish or operate the business of publishing, print publications and released the book in Vietnam.

Article 10. The case is denied a license, revoked the license 1. Foreign publishers, issuers of foreign publications declined to license the establishment (latest) representative office in Vietnam by one or more of the following cases: a) within a period of 2 (two) years, from the date the revoked license as specified in paragraph 2 of this Article;

b) reason or evidence that the most recent representative office detrimental to the legitimate rights and interests of organizations and individuals, Vietnam, in violation of international treaties to which Vietnam is a member, do negatively impact Vietnam's relations with one or more countries Department of the territory in the world.

2. foreign publishers, issuers of foreign publications is revoked license (most recent) representative office in Vietnam and forced the termination of activity of representative office in one or more of the following cases: a) representative office works not correct the contents stated in the permit;

b) infringed the provisions of article 10 of the law on publication;

c) Not established (latest) offices or representative offices do not operate in 6 months from the date issued, reissued, to renew the licence;

d) violating the points b, c, d paragraph 1 article 9 of this circular;

DD) Have reasons or evidence that, in the course of the operation, agents detrimental to the legitimate rights and interests of organizations and individuals, Vietnam, in violation of international treaties to which Vietnam is a member, do negatively impact Vietnam's relations with one or more countries Department of the territory in the world.

Article 11. The responsibility of foreign publishers, issuers of foreign publications 1. Subject to the provisions of this circular and the other provisions of the law of Vietnam representative office.

2. Be responsible before the law Vietnam about the whole operation of the representative office in Vietnam.

Article 12. The responsibilities of the State administration bodies 1. With regard to the Bureau publication: a) the Management Office on nationwide under the provisions of this circular and the legal provisions concerned;

b) Guide and organize the implementation of the grant, the grant, renewal, confirmation of information change on license (most recent) representative office under the provisions of this circular.

2. For the inspection of the Ministry of information and communication: a) presiding, in cooperation with the Department of publishing, Department of information and communications of the province of the central cities, and the relevant authorities make check, inspection and handling violation for Representative Office on nationwide under the provisions of the law and this circular;

b) complaints, accusations of organizations, individuals related to the Office as prescribed by the law on complaints and denunciation.

3. With regard to the Department of communication and media of the province, central cities: a) manage the activities of the local representative office under the provisions of this circular and the provisions of relevant laws; timely reporting to the Ministry of information and communication when detected violations;

b.) engagement, collaboration with the Ombudsman of information and communications, the Bureau published in the examination, inspection and handling violation for representative offices.

Article 13. Issued in the form attached to this circular 5 includes form: 1. Model No. 1: grant proposal, Single level license (most recent) representative office in Vietnam;

2. Model No. 2: the renewal application, confirm the information in the license change (most recent) representative office in Vietnam;

3. Model No. 3: license (most recent) representative office in Vietnam by foreign publishers;

4. Model No. 4: license (most recent) representative office in Vietnam of the issuers of foreign publications;

5. Model No. 5: situation report activity of representative office.

Article 14. Effective enforcement of this circular effect since January 1st, 2011.

In the process, if there are obstacles, suggest the Agency, organization, personal reflections written on the Ministry of information and media to consider, resolve./.