Quyết định 38/2008/QD-BTTTT

DECISION

PROMULGATING THE REGULATION ON JOINT PUBLICATION ACTIVITIES

THE MINISTER OF INFORMATION AND COMMUNICATION

Pursuant to the December 3. 2004 Publication Law and the Government's Decree No. 111/2005/ ND-CP of August 26. 2005. detailing and guiding the implementation of a number of articles of the Publication Law;
Pursuant to the Government's Decree No. 187/ 2007/ND-CP of December 25. 2007. defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communication;
At the proposal of the Director of the Publication Department,

DECIDES:

Article 1.- To promulgate together with this Decision the Regulation on joint publication activities.

Article 2.- This Decision takes effect 15 days after its publication in "CONG BAG" and replace; the Culture and Information Minister's Decision No. 75/1999/QD-BVHTT of November 8,1999. promulgating the Regulation on printing and distribution of publications.

Article 3.-The director of the Office, the director of the Publication Department, directors of Information and Communication Services of provinces and centrally run cities, directors of publishing houses and subjects engaged in joint publication activities shall implement this Decision.

REGULATION

ON JOINT PUBLICATION ACTIVITIES
(Promulgated together with the Information and Communication Minister's Decision No. 38/2008/ QD-BTTTT of June 17. 2008)

Chapter I

GENERAL PROVISIONS

Article 1.- Joint publication activities

Joint publication activities prescribed in this Regulation means a form of cooperation between a party being a publishing house with a party being an author, author right owner, individual possessing a business certificate of printing or distribution of publications, and/or organization having the legal person status (below collectively referred to as joint partners) in organizing the manuscript of. printing and distributing, each publication.

Ankle 2.- Forms of joint publication activities

Joint publication activities take the forms of organization of manuscripts, printing and distribution of publications. Joint parties may apply one or more of these forms.

Article 3.- Responsibilities of organizations and individuals engaged in joint publication activities

Directors and editors-in-chief of publishing houses shall take responsibility before law for their joint publications: directors of printing establishments or heads of publication-distributing establishments, and concerned joint parties shall take responsibility before law for their joint publications.

Chapter II

SPECIFIC PROVISIONS

Section I. FOR PUBLISHING HOUSES AND JOINT PARTIES

Article 4.- Registration of publication plans

1. A publishing house publishing a joint publication shall specify the name and address of its joint party when registering its publication plan with the Publication Department. A publishing house's joint publications must conform with its principles, objectives, and functions and may be carried out after the registration of its publication plan is certified by the Publication Department.

2. The Publication Department's written certification of a publication plan is valid for implementation up to December 31 of a plan year. When there is a change in the title of a joint publication, or the name of the joint author or party, a publishing house shall request the Publication Department in writing to certify such change. A publishing house may decide on changes in the number of printed copies and shall notify the Publication Department in writing of such changes.

Article 5.- Order of preparing joint manuscripts

1. The editing of the manuscript of a joint publication must comply with the process of a publishing house.

2. Before issuing a publication decision, the director of a publishing house shall sign for approval the manuscript (including covers) and information inscribed on a joint publication according to Article 26 of the Publication Law.

3. The manuscript of a joint publication to be sent to the press must be made into two copies (on paper or other materials), one to be given to the joint party, the other to be filed at the publishing house for comparison.

Article 6.- Principal contents of a joint publication contract

When undertaking joint publication activities, a publishing house shall sign a contract with its party, which must cover the following principal contents:

1. Form of joint publication as prescribed in Article 2 of this Regulation:

2. Purposes of joint publication, scope of distribution;

3. Specific obligations and rights of the joint parties:

4. Commitment on copyright:

5. Responsibilities of the joint parties when breaching the contract or violating the publication law.

Article 7.- Signing for distribution of a joint publication

After a joint publication is printed, a publishing house shall:

1. Read to check its content:

2. Deposit it according to Article 3 of the Regulation on depositing publications promulgated together with the Culture and information Minister's Decision No. 102/2006/QD-BVHTT of December 29,2006;

3. Ten days after the date of depositing a publication, the director of a publishing house shall sign for distribution on two copies of the publication, one filed at the publishing house, the other given to the joint party.

Article 8.- Responsibilities of joint parties

1. To sign a contract with a publishing house for each joint publication:

2. To observe the contract signed with the publishing house;

3. After the printing is completed, to give the publishing house a quantity of publication copies as specified in the contract;

4. Only to distribute a joint publication after the publishing house director signs for distribution.

Section II. FOR PRINTING ESTABLISHMENTS

Article 9.- Conditions for printing a joint publication

When signing a contract to print a joint publication, a printing establishment must comply with the following provisions:

1. Only to sign a printing contract with the director of a publishing house or a person authorized in writing by the director. Papers required for signing a printing contract comprise:

a/ A letter of authorization signed by the director of a publishing house (specifying the name, title, address and identity card number of the authorized person);

b/ The (original) publication decision of the publishing house director:

c/ The manuscript to be sent to the press approved by the publishing house director.

2. The number of printed copies of a joint publication specified in the printing contract must no: exceed that stated in the publication decision.

3. A printing contract shall be signed according to the law on contracts.

Article 10.- Further printing of a joint publication

A printing contract must be signed for further printing of a joint publication like the first printing prescribed in Article 9 of this Regulation.

Section III. FOR PUBLICATION-DISTRIBUTING ESTABLISHMENTS

Article 11.- Conditions for distributing a joint publication

A distribution establishment may distribute a joint publication only when fully meeting the following conditions:

1. Having papers certifying the origin of a joint publication according to law;

2. The joint publication is fully inscribed with information prescribed in Article 26 of the Publication Law.

Chapter III

IMPLEMENTATION PROVISIONS

Article 12.- Handling of violations

When undertaking joint publication activities, directors of publishing houses and printing establishments, directors or heads of publication-distributing establishments and joint parties who violate the Publication Law and this Regulation shall, apart from taking responsibility according to their joint publication contracts, be disciplined, administratively sanctioned or examined for penal liability depending on the nature and severity of their violation.

Article 13.- Responsibilities of implementation

1. The Publication Department shall guide the implementation of this Regulation and coordinate with functional agencies in inspecting, examining, and handling violations of this Regulation nationwide.

2. Information and Communication Services of provinces and centrally run cities shall inspect and examine, or coordinate with concerned agencies in inspecting, examining, and handling violations of this Regulation in their localities.

3. In the course of implementation, any arising problems should be promptly reported to the Ministry of Information and Communication (the Publication Department) for study and adjustment.