Laws of Vietnam

DECREE No.67-CP OF OCTOBER 31, 1996 OF THE GOVERNMENT ISSUING THE REGULATION ON THE INFORMATION AND PRESS ACTIVITIES OF FOREIGN CORRESPONDENTS AND FOREIGN AGENCIES AND ORGANIZATIONS IN VIETNAM

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;

Pursuant to the Law on the Press of December 28, 1989;

Pursuant to the Law on Publication of July 7, 1993;

In order to ensure the freedom of the press and the unified management of the information and press activities of foreign correspondents and foreign agencies and organizations in Vietnam;

At the proposals of the Minister of Culture and Information and the Minister of Foreign Affairs,

DECREES:

Article 1.- To issue together with this Decree:

The Regulation on the Information and Press Activities of Foreign Correspondents and Foreign Agencies and Organizations in Vietnam.

Article 2.-

1. All foreign agencies, organizations or individuals legally operating or residing on the Vietnamese territory shall be obliged to abide by this Regulation.

2. Any agency, organization or individual that commits an act of violating the provisions of this Regulation shall, depending on the seriousness of the violation, be dealt with in accordance with current provisions of Vietnamese law.

Article 3.- This Decree takes effect from December 1st, 1996. The previous provisions of the Government which are contrary to the Regulation issued together with this Decree are now annulled.

The Minister of Culture and Information and the Minister of Foreign Affairs shall have to issue before December 31, 1996 a Circular guiding the implementation of the Regulation issued together with this Decree.

Article 4.- The Ministers, the Heads of the ministerial-level agencies and the agencies attached to the Government, the Presidents of the People’s Committees of the provinces and the cities directly under the Central Government shall have to implement this Decree.

On behalf of the Government

For the Prime Minister

Deputy Prime Minister

REGULATION ON THE MANAGEMENT OF THE INFORMATION AND PRESS ACTIVITIES OF FOREIGN CORRESPON-DENTS AND FOREIGN AGENCIES AND ORGANIZATIONS IN VIETNAM
(issued together with Decree No.67-CP of October 31st, 1996 of the Government)

Chapter I

GENERAL PROVISIONS

Article 1.- The foreign information and press activities in Vietnam mentioned in this Regulation include:

1. The professional activities of foreign correspondents; the establishment of resident press bureaus, the appointment of correspondents; the use of journalistic facilities.

The foreign correspondents’ journalistic activities include: shooting of films on current events, taking press photographs, conducting interviews, audio and visual recording and making visits to localities and establishments.

2. The information and press activities of foreign representative agencies and foreign organizations include: publishing and circulating bulletins, convening press conferences; installing photo cases; organizing film shows; exhibitions, seminars and other press-related activities.

Article 2.- The objects mentioned in this Regulation include:

1. Foreign correspondents based in Vietnam or entering the country for short-term missions; bureaus of foreign news or press agencies that are allowed to operate in Vietnam.

2. Diplomatic representative missions, consular offices and international inter-governmental representative offices in Vietnam (hereafter referred to as foreign representative agencies).

3. Foreign non-governmental representative offices, foreign economic, cultural, scientific and consulting organizations; foreign companies and enterprises (hereafter referred to as foreign agencies).

4. Foreign delegations visiting Vietnam at the invitation of Party, State, Government and/or National Assembly leaders or the Ministry of Foreign Affairs.

5. Foreign delegations visiting Vietnam at the invitation of the agencies not defined in Item 4 of this Article.

Article 3.- The Ministry of Foreign Affairs of the Socialist Republic of Vietnam (hereafter referred to as the Ministry of Foreign Affairs) is the agency which, by assignment of the State, performs the managerial function over and issues permits for, the press activities defined in Item 1, Article 1 of this Regulation.

Article 4.- The Ministry of Culture and Information of the Socialist Republic of Vietnam (hereafter referred to as the Ministry of Culture and Information) is the agency which performs the managerial function over and issues permits for the information and press activities defined in Item 2 Article 1 of this Regulation.

Article 5.- All information and press activities in Vietnam by the persons and agencies specified in Article 2 of this Regulation must be carried out in accordance with the current laws and regulations of the Socialist Republic of Vietnam; in conformity with the provisions on the entry and exit, residence and traveling of foreigners in Vietnam. The aforesaid activities must also conform to Item 5, Article 6 and Article 10 of Vietnam’s Law on the Press.

Chapter II

THE JOURNALISTIC ACTIVITIES OF FOREIGN CORRESPONDENTS

Article 6.- A foreign correspondent wishing to enter Vietnam for short-term journalistic activities must send his/her application directly to the Ministry of Foreign Affairs (the Information and Press Department) or through an overseas diplomatic representative mission of Vietnam at least 15 days prior to his/her scheduled entry.

The application, attached to a curriculum vitae stipulated by the Ministry of Foreign Affairs must clearly state the purpose, detailed program and projected length of stay in Vietnam.

Only after being granted an entry visa shall the correspondent be allowed to enter Vietnam for journalistic activities.

Article 7.- During his/her stay in Vietnam, a foreign correspondent entering the country for short-term journalistic activities must constantly carry with him/her the "PRESS" permit granted by the Ministry of Foreign Affairs; must work in accordance with the purpose and program already approved in the permit; and at the same time must place himself/herself under the guidance of a specialized Vietnamese agency.

No other form of guidance shall be accepted.

The registered program may be supplemented or changed in terms of time or contents if the Ministry of Foreign Affairs so permits.

Article 8.- A foreign news or press agency wishing to establish its bureau(s) in Vietnam must send an application signed by the agency’s head to the Ministry of Foreign Affairs. The application must supply the essential information about the agency; the name of the bureau(s) to be established in Vietnam; its functions and tasks.

Article 9.- Within 90 days from the date written on the notice permitting the establishment of the resident press office in Vietnam, the requesting foreign news or press agency must send another application signed by the agency’s head to the Ministry of Foreign Affairs for permission to send the correspondent(s). The application must clearly state the necessary number of correspondents and the curriculum vitae and a summary history of each correspondent.

Within 30 days after receiving the notice of approval, the correspondent(s) of the bureau(s) must go to the Ministry of Foreign Affairs to present the letter of appointment by the managing news or press agency and receive the permit to establish the bureau(s) in Vietnam from the Ministry of Foreign Affairs.

If the foreign news or press agencies and foreign correspondents fail to complete all the procedures within the time limit defined in Paragraphs 1 and 2 of this Article, the permit to establish the bureau(s) and accept correspondent(s) shall be automatically invalidated.

Article 10.- When the need arises to replace a correspondent(s) or change the number of correspondents, the press bureau(s) must notify the Ministry of Foreign Affairs thereof at least 15 days in advance and must complete all necessary procedures defined in this Regulation concerning the application to send correspondents for journalistic activities in Vietnam.

Article 11.- The resident press bureau is allowed to employ a technical staff in service of its professional activities.

When the foreign correspondent works in Vietnam, his/her next of kin including parents, spouse and children are allowed to reside in Vietnam in accordance with the current law of Vietnam.

The technical staff and the correspondents’ next of kin shall not be entitled to enjoy the correspondent’s status and must observe the current laws and regulations of Vietnam.

Article 12.- A foreign correspondent in Vietnam shall be issued a "Foreign Correspondent Card" by the Ministry of Foreign Affairs valid for six months. If the card holder wishes to continue to work as a correspondent in Vietnam, he/she must fill out the procedures for an extension not later than 15 days before the card expires.

Article 13.- In order to perform the journalistic activities defined in this Regulation, the correspondent must send a request for each activity to the Ministry of Foreign Affairs at least 5 days in advance and shall perform the activity only after being granted the "press activity permit" by the Ministry of Foreign Affairs.

Article 14.- The resident press bureaus and the foreign resident correspondents in Vietnam are allowed to rent offices and hire Vietnamese nationals to work in the offices through a specialized Vietnamese agency in accordance with the current law of Vietnam.

Article 15.- The resident press bureaus and the foreign resident correspondents in Vietnam who want to hire collaborators must abide by the current provisions of Vietnamese law. The collaborator-hiring contract must be registered with the Ministry of Foreign Affairs.

Article 16.- The resident press bureaus must notify the Ministry of Foreign Affairs of their closure at least 30 days in advance and return the establishment permit to the Ministry of Foreign Affairs. The foreign correspondent must notify in writing the Ministry of Foreign Affairs of his/her exit not later than 15 days before the end of his/her working term and departure from Vietnam; and must return the "foreign correspondent card" to the Ministry of Foreign Affairs before leaving Vietnam.

Article 17.- With regard to foreign correspondents accompanying the delegations defined in Items 4 and 5, Article 2 of this Regulation, the hosting agency should fill the necessary procedures with the Ministry of Foreign Affairs.

Article 18.- For their professional activities, foreign correspondents based in Vietnam or entering the country for short-term journalistic activities are allowed to carry the necessary equipment such as cameras, video recorders and audio recorders... The carrying of such equipment in and out of Vietnamese territory must conform with the current law and other regulations of Vietnam.

Where the persons or agencies defined in this Article have the need to carry, install or use devices to receive and transmit news and pictures via satellites, they must ask for permission and consent of the Ministry of Foreign Affairs and the Vietnam Post General Department.

Article 19.- Only with the permit of the Ministry of Foreign Affairs can press products like films, pictures, video tapes and audio tapes... produced by foreign correspondents based in or entering Vietnam for short-term mission under the program already registered with the Ministry of Foreign Affairs be carried out of Vietnam.

Article 20.- Foreign correspondents entering Vietnam as tourists or to visit their next of kin must not carry out journalistic activities. In special cases, the consent of the Ministry of Foreign Affairs is required.

Chapter III

INFORMATION AND PRESS ACTIVITIES OF FOREIGN REPRESENTATIVE AGENCIES AND FOREIGN AGENCIES

Article 21.- Publishing and circulation of bulletins, materials and publications:

The publishing and circulation of bulletins, materials and publications by the persons and agencies defined in this Chapter must be done in accordance with the Law on the Press, the Law on Publication and other current regulations of the Socialist Republic of Vietnam:

1. A "foreign representative agency" which wants to publish and circulate materials, books and newspapers, drawings and photos, bulletins or bulletin supplements, video tapes, audio tapes, software programs... in the Vietnamese language or in a foreign language must send a note about the purposes, contents, title, publishing period, size, printing place, quantity and target audience of the said materials to the Ministry of Foreign Affairs which shall consider and recommend the filling of procedures to request permission from the Ministry of Culture and Information.

2. A "foreign agency" which wants to publish and circulate materials, books and newspapers, drawings and photos, bulletins or bulletin supplements, video tapes, audio tapes, software programs... in the Vietnamese language or in a foreign language must complete the procedures to apply for permission from the Ministry of Culture and Information.

Only after receiving the permit from the Ministry of Culture and Information can the publication and circulation of the said bulletins, materials and publications be carried out.

Article 22.- Press conferences with the participation of Vietnamese citizens:

1. A "foreign representative agency" which wants to hold a press conference must notify the Ministry of Foreign Affairs in writing at least 48 hours in advance of the contents, time, venue, participants, the person who presides over and other relevant details such as display of materials, objects...so that the Ministry of Foreign Affairs can examine and register with the Ministry of Culture and Information.

2. A "foreign agency" which wants to hold a press conference must register with the Ministry of Culture and Information.

Within 24 hours after receiving the written request for permission, the Ministry of Culture and Information must reply. If there is no reply, the press conference shall be deemed accepted.

The organization of a press conference by a foreign delegation visiting Vietnam defined in Item 4 and 5, Article 2 of this Regulation shall conform with the agreement between the Ministry of Foreign Affairs or the hosting agency and the Ministry of Culture and Information within the framework of the delegation’s working schedule.

Article 23.- Installing the photo case in front of the agency’s office.

1. A "foreign representative agency" which wants to install a photo case in front of its office must send to the Ministry of Foreign Affairs a note clearly stating the objective and the contents and size of the photos; the photo case must be installed at a place compatible with the surrounding landscape and the urban environment.

Only after being approved by the Ministry of Foreign Affairs can the installation of a photo case and any change to the original request for installing the photo case be carried out. The Ministry of Foreign Affairs shall consult the Ministry of Culture and Information before making a decision and notifying the requesting agency of the decision.

2. A "foreign agency" which wants to install a photo case in front of its office must send a request to the Ministry of Culture and Information and complete the procedures as required.

Article 24.- Film shows, exhibitions, seminars and other press-related activities with the participation of Vietnamese citizens:

1. A "foreign representative agency" which wants to organize film shows, exhibitions, seminars and other press-related activities with the participation of Vietnamese citizens must send to the Ministry of Foreign Affairs a note about the contents, venue and a list of the guests. The Ministry of Foreign Affairs shall consider and register with the Ministry of Culture and Information.

2. A "foreign agency" which wants to organize a film show, exhibition or seminar must register with the Ministry of Culture and Information.

Only after being approved by the Ministry of Culture and Information can these activities be carried out.

On behalf of the Government

For the Prime Minister

Deputy Prime Minister

NGUYEN KHANH