Tiếng Việt| THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
| No: 72/2000/ND-CP | Hanoi, December 05, 2000 |
ON THE OVERSEAS PUBLICATION AND DISSEMINATION OF WORKS
THE GOVERNMENT
Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Law on the Promulgation of Legal Documents of November 12, 1996;
Pursuant to the Civil Code of October 28, 1995;
In order to enhance the State management over the overseas publication and dissemination of works, promote the external propaganda work and encourage the expansion of cultural exchanges between Vietnam and other countries in the world;
At the proposal of the Minister of Culture and Information,
DECREES:
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2. Organizations and individuals that publish and disseminate their works abroad according to the provisions in this Decree shall have their copyright protected by the State under the provisions of the copyright legislation and take responsibility for the works’ contents as prescribed in Article 5 of this Decree.
1. Works to be published and disseminated abroad under this Decree include:
a/ Written works;
b/ Lectures, speeches;
c/ Theatrical works and other art performance forms;
d/ Cinematographic and video works;
e/ Radio and television works;
f/ Press works;
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h/ Architectural works;
i/ Plastic art works, applied fine art works;
j/ Photographic works;
k/ Scientific works, textbooks, teaching materials;
l/ Topographic and architectural surveys, drawings, plans, maps; scientific works;
m/ Translated, adapted, modified, compiled, annotated, selected and collected works;
n/ Computer software;
o/ Other works prescribed by law.
2. The works stated in Clause 1 of this Article shall not be distinguished whether they are expressed in Vietnamese, languages of Vietnamese ethnic minority groups or foreign languages.
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2. The overseas distribution of newspapers and publications and the bringing of works abroad for personal use not in the expression forms specified in Clause 1 of this Article shall not fall under the regulation scope of this Decree.
2. The supply of information to the foreign countries’ press, the publication and dissemination of works created during the time of participation in overseas composition camps shall not require permission but must not violate the prohibiting provisions in Article 5 of this Decree.
1. Works with the following contents:
a/ Opposed to the State of Vietnam, undermining the block of national unity;
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c/ Disclosing the Party’s and the State’s secrets, military, security and economic, external relation secrets, individuals’ privacy and other secrets prescribed by law;
d/ Distorting the history; negating revolutionary achievements, offending great personalities and national heroes; slandering, hurting the prestige of organizations, honor and dignity of individuals.
2. Works without the contents prescribed in Clause 1 of this Article, which are withdrawn or banned from circulation, confiscated or destroyed by decisions of the competent State bodies.
1. The Ministry of Culture and Information shall grant permission for the following works:
a/ Cinematographic and video works for participation in overseas film festivals, films’ weeks or screenings before overseas audiences; except for cases where Vietnamese television films are broadcast on overseas televisions under agreements between the Vietnam Television Station and overseas television organizations;
b/ Theatrical, musical works and other forms of art performance to be staged abroad by the art troupes run by central bodies; theatrical, musical works and other forms of art performance to be staged by local art troupes at national or international festivals or shows;
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d/ Written works, textbooks, teaching materials sent for publication, display or exhibition; press works sent for display or exhibition abroad;
e/ Recorded audio or visual works sent abroad for duplication.
2. The Ministry of Construction shall grant permission for architectural works.
3. The General Land Administration shall grant permission for maps, surveys, drawings and diagrams under its management.
4. The ministries, the ministerial-level agencies and the agencies attached to the Government shall grant permission for lectures, speeches, scientific works, surveys, drawings, diagrams, computer software and other works prescribed by law, which contain contents falling under their respective State management functions and are to be published, disseminated abroad by individuals and organizations belonging to the central agencies and organizations.
5. The heads of press agencies shall grant permission for press works of individuals and organizations belonging to their agencies, which are to be printed in overseas newspapers and magazines or broadcast on overseas television and radio.
6. The People’s Committees of the provinces and centrally-run cities shall direct the provincial/municipal State management services to grant permission for works according to the following regulations:
a/ The provincial/municipal Culture and Information Services shall grant permission for:
- Theatrical, musical works and other forms of art performance by local art troupes, including private art troupes, to be staged abroad, except for cases falling under the competence of the Ministry of Culture and Information as prescribed at Point b, Clause 1 of this Article.
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b/ The provincial/municipal State management services and bodies shall grant permission for lectures, speeches, scientific works, drawings, diagrams and other works prescribed by law, which contain contents falling under their respective State management, sent abroad for publication, dissemination by individuals and organizations in their respective localities.
7. The overseas Vietnamese diplomatic missions, diplomatic representations or consulates shall grant permission for works of Vietnamese organizations or individuals who are working, studying and laboring abroad, which have not yet permitted by the competent bodies in the country.
1. A written request clearly stating the work’s title, type and author’s name, the form, time and place of publication or dissemination;
2. Drafts of written works, summaries of lectures, speeches, theatrical works and other art performance forms, cinematographic and video works, press works, radio and forms works, musical works, scientific works, textbooks, teaching materials, computer software;
3. A list of works, for architectural, plastic art, applied fine art, photographic works, surveys, drawings, plans and maps;
4. The written authorization of the work’s owner in cases where the requesting organization or individual is not the owner of the work to be published or disseminated abroad.
5. For works to be published or disseminated abroad under agreements signed between the Vietnamese competent bodies and foreign countries or international organizations or at the invitations of foreign countries or international organizations, the written agreements or written invitations must be enclosed;
6. Where the permitting body wishes to censor the contents of the cinematographic or video works, theatrical works and other art performance forms, or other works, the permission-requesting organizations or individuals shall have to submit such works for censorship by the permitting bodies.
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2. Permits issued by the competent bodies defined in Article 6 of this Article shall serve as basis for customs procedure clearance
3. Where organizations and individuals ask for permission to publish and disseminate works abroad disagree with the permitting bodies’ decisions, they may complain about such decisions according to the provisions of the legislation on complaints and denunciations.
STATE MANAGEMENT OF THE OVERSEAS PUBLICATION AND DISSEMINATION OF WORKS
The Ministry of Culture and Information, being the Government’s body performing unified State management of the publication and dissemination of works abroad, shall have the following tasks and powers:
1. To draft and submit to the Government for promulgation or promulgate according to its competence legal documents on the overseas publication and dissemination of works;
2. To permit or prohibit the overseas publication and dissemination of works according to its competence;
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4. To direct, guide and supervise the People’s Committees of the provinces and centrally-run cities in their implementation of legal documents on the overseas publication and dissemination of works;
5. To request the ministries, branches and People’s Committees of the provinces and centrally-run cities to report on the overseas publication and dissemination of works under the scope of their respective management.
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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai