Thông tư 33/2011/TT-BTTTT Về cấp Giấy phép hoạt động báo chí điện tử, Giấy phép chuyên trang báo chí điện tử

Circular No. 33/2011/TT-BTTTT of November 1, 2011, detailing the licensing of e-newspapers and special websites of e-newspapers

Pursuant to the December 28, 1989 Press Law; the June 12, 1999 Law Amending and Supplementing a Number of Articles of the Press Law;

Pursuant to the Government’s Decree No. 51/2002/ND-CP of April 26, 2002, detailing the Press Law and the Law Amending and Supplementing a Number of Articles of the Press 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 Communications;

Pursuant to the Government’s Decree No. 50/2011/ND-CP of June 24, 2011, amending and supplementing 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 Communications;

The Ministry of Information and Communications details the licensing of e-newspapers and special websites of e-newspapers as follows:

Chapter I

Article 1. Scope of regulation

This Circular details the grant, renewal and modification of e-newspaper licenses and licenses for special websites of e-newspapers.

Article 2. Subjects of application

This Circular applies to organizations licensed for e-journalism operations under the press law; e-newspapers, e-magazines and press managing agencies (below referred to as managing agencies).

Article 3. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. E-newspapers include e-newspapers and e-magazines published on the computer network.

2. Special website of an e-newspaper means the website of an e-newspaper or e-magazine with specialized contents conformable with the licensed e-newspaper or e-magazine’s guidelines and objectives.

3. Home page means the web page to be first displayed on the screen at the domain name indicated in the e-newspaper license.

Article 4. Licensing authority

1. The Minister of Information and Communications may grant and modify e-newspaper licenses under law and this Circular.

2. The Director of the Authority of Broadcasting and Electronic Information may grant licenses for special websites of e-newspapers under law and this Circular.

Article 5. Validity of licenses

1. An e-newspaper license is valid for ten (10) years from the date of its signing.

2. The validity of a license for special website of an e-newspaper is provided in such license but must not exceed the validity duration of the granted e-newspaper license.

3. Ninety (90) days after the effective date of an e-newspaper license or a license for special website of an e-newspaper, if the licensed organization fails to operate under its license, such license is invalidated.

Chapter II

Article 6. Conditions for obtaining an e-newspaper license

1. To conform with the press planning approved by a competent state agency.

2. Conditions on personnel:

a/ Persons to be appointed to the posts of editor-in-chief and deputy editor-in-chief must satisfy the following conditions:

Holding a tertiary or higher degree;

Holding an advanced or higher political theory degree;

Possessing the Ministry of Information and Communications’ certificate of press management operations;

Possessing a valid press card granted by the Ministry of Information and Communications;

Currently not being disciplined at reprimand or severer level.

b/ Having sufficient managerial personnel for professional divisions and sections and reporters and editors with press cards for the operation of the e-newspaper or e-magazine.

c/ When using a foreign or Vietnamese ethnic minority language to present information, having sufficient reporters and editors proficient in that language for the publication and the head of the e-newspaper or the person authorized to take charge of contents must be proficient in such language.

3. To clearly name the e-newspaper to be licensed; to identify its guidelines, objectives; target readers and language.

4. To operate at least 1 domain name <.vn> which remains valid for at least 6 months at the time of applying for the license.

5. To adopt an appropriate management process for its operation.

6. To satisfy conditions on physical, financial and technical foundations according to the license application dossier, including:

a/ Having a fixed office for the e-newspaper’s operation;

b/ Having sufficient equipment, personnel and technical solutions to assure information safety and security for the e-newspaper’s operation;

c/ Being financially viable to fulfill operation targets in line with the e-newspaper’s guidelines and objectives.

7. To be certified by the provincial-level People’s Committee chairperson to fully satisfy conditions for e-journalism operations and conform with the local press development planning, for applicants for licenses for local e-newspapers.

8. The Ministry of Information and Communications shall consider and decide on licensing of e-journalism operations of religious institutions and specialized basic science institutions and in other special cases.

Article 7. Dossiers and procedures for e-newspaper licensing

1. The managing agency applying for an e-newspaper license shall submit two (2) sets of dossier to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information). A dossier comprises:

a/ An application for an e-newspaper license (made according to form No. 1);

When the managing agency is other than a provincial-level People’s Committee, certification of the chairperson of a provincial-level People’s Committee under Clause 6, Article 12 of the Government’s Decree No. 51/2002/ND-CP of April 26, 2002, detailing the Press Law and the Law Amending and Supplementing a Number of Articles of the Press Law, is required.

b/ A certified copy of the establishment decision of the applicant for the e-newspaper license;

c/ The e-newspaper operation plan approved by the managing agency, which specifies:

- Necessity, objectives and legal grounds of the e-newspaper;

- Proofs of satisfaction of all the conditions specified in Article 6 of this Circular;

- Name, domain names and logo (if any) of the e-newspaper;

- Information structure and contents: special websites and sections (guidelines, objectives, language and principal contents);

- Interface and appearance of the e-newspaper. The home page of the e-newspaper or e-magazine must display names of the e-newspaper and its managing agency; license number and date of grant; head office address; telephone number and email; full name of the editor-in-chief. The home page of a special website of an e-newspaper must present the name of this website;

- Free information and charged information;

- Organization of implementation, process of publication and content management.

d/ General list of expected personnel: leaders, heads of professional divisions and sections, reporters, editors and technicians of the e-newspaper (made according to form No. 2);

e/ Resumes of leaders of the e-newspaper (editor-in-chief, deputy editor-in-chief) (made according to form No. 3);

f/ The provincial-level Information and Communications Department’s written certification of satisfaction of conditions on offices, equipment and personnel and other conditions as assigned by the provincial-level People’s Committee chairperson, for applicants for licenses for local e-newspapers;

g/ Color prints of the interface of the home pages of the e-newspaper and its special website.

2. The Ministry of Information and Communications shall consider and grant e-newspaper licenses (according to form No. 5). In case of refusal, within thirty (30) working days after receiving a valid dossier, it shall issue a reply clearly stating the reason.

Article 8. Modification of e-newspaper licenses

1. An e-newspaper agency wishing to modify the contents of its e-newspaper license under Clause 4, Article 14 of Decree No. 51/2002/ND-CP shall send one (1) set of dossier of request for license modification to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information).

2. A dossier of request for modification of name of the e-newspaper, name of the managing agency, guidelines, objectives or language of the e-newspaper comprises:

a/ Written requests of the managing agency and the e-newspaper agency, clearly stating the reason and contents to be modified;

b/ A certified copy of the e-newspaper license;

c/ The provincial-level Information and Communications Department’s written certification of satisfaction of operation conditions with such changes, as assigned by the provincial-level People’s Committee chairperson, for local e-newspapers.

3. A dossier of request for modification of the home page interface, head office or domain name comprises:

a/ The e-newspaper agency’s written request;

b/ Print of the new home page interface (for request for change of the home page interface);

c/ Domain names to be changed (for request for change or addition of domain names).

4. Within fifteen (15) days after receiving a complete and valid dossier, the Ministry of Information and Communications shall consider and modify an e-newspaper license (according to form No. 6). In case of refusal, it shall issue a reply clearly stating the reason.

5. Change of leaders of an e-newspaper complies with the press law.

Article 9. Renewal of e-newspaper licenses

1. Ninety (90) days before an e-newspaper license terminates its validity, the managing agency shall carry out procedures to request the Ministry of Information and Communication’s renewal of the license;

2. A dossier of request for renewal of an e-newspaper license comprises:

a/ The managing agency’s written request;

b/ The provincial-level Information and Communications Department’s written certification of satisfaction of e-journalism operation conditions as assigned by the provincial-level People’s Committee chairperson, for local press agencies;

c/ A copy of the e-newspaper license and documents modifying such license granted the Ministry of Information and Communications;

d/ An application for an e-newspaper license (made according to form No. 1);

e/ General list of personnel: leaders, heads of professional divisions and sections, reporters, editors and technicians of the e-newspaper (made according to form No. 2);

f/ An evaluation report on operations of the e-newspaper.

3. A dossier shall be made in one (1) original set and submitted directly or by post to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information).

Within thirty (30) working days after receiving a complete and valid dossier under regulations, the Ministry of Information and Communications shall renew an e-newspaper license. In case of refusal, it shall issue a reply clearly stating the reason.

Article 10. Licensing of special websites of e-newspapers

1. An e-newspaper agency wishing to add a special website outside its e-newspaper license shall carry out procedures to apply for a license under regulations.

2. A dossier of application for a license for special website of an e-newspaper comprises:

a/ The managing agency’s written request;

b/ Application for a license for special website of an e-newspaper (made according to form No. 4);

c/ A certified copy of the e-newspaper license;

d/ The plan on formation of the e-newspaper’s special website, which specifies:

Necessity, objectives and legal grounds of the special website;

Name, domain names (if any) of the special website;

Guidelines, objectives, language, principal contents and sections;

Free information and charged information;

Organization of implementation, process of publication and content management.

e/ The provincial-level Information and Communications Department’s written certification of satisfaction of conditions to operate the special website (for e-newspapers of provinces and centrally run cities);

f/ A color print of the interface of the home page of the special website;

g/ The certificate of domain name use registration (for special websites with separate domain names).

2. A dossier shall be made in one (1) original set and submitted directly or by post to the Authority of Broadcasting and Electronic Information.

Within thirty (30) working days after receiving a complete and valid dossier, the Authority of Broadcasting and Electronic Information shall consider and grant a license for special website of an e-newspaper (according to form No. 7). In case of refusal, it shall issue a reply clearly stating the reason.

Article 11. Modification of licenses for special websites of e-newspapers

When there is a change in the contents of its license for special website, an e-newspaper agency shall carry out procedures to modify such license.

A dossier comprises:

a/ The e-newspaper agency’s written request clearly stating the contents to be modified;

b/ A certified copy of the e-newspaper license and license for special website;

c/ The provincial-level Information and Communications Department’s written certification of satisfaction of conditions to operate with these changes (for press agencies of provinces and centrally run cities).

2. A dossier shall be made in one (1) original set and submitted directly or by post to the Authority of Broadcasting and Electronic Information.

Within ten (10) days after receiving a complete and valid dossier, the Authority of Broadcasting and Electronic Information shall modify a license (according to form No. 8). In case of refusal, it shall issue a reply clearly stating the reason.

Article 12. Renewal of licenses for special websites of e-newspapers

1. Ninety (90) days before a license for special website of an e-newspaper terminates its validity, an e-newspaper agency shall carry out procedures for renewal of the license.

2. The procedures for renewal of a license are the same as for a new license.

3. Within fifteen (15) days after receiving a complete and valid dossier, the Authority of Broadcasting and Electronic Information shall consider and renew a license. In case of refusal, it shall issue a reply clearly stating the reason.

Chapter IV

Article 13. Promulgation of forms

To promulgate together with this Circular the following forms:

1. Form No. 1: Application for an e-newspaper license.

2. Form No. 2: General list of personnel of an e-newspaper.

3. Form No. 3: Resume of the expected head of an e-newspaper.

4. Form No. 4. Application for a license for special website of an e-newspaper.

5. Form No. 5: E-newspaper license.

6. Form No. 6: Modified e-newspaper license.

7. Form No. 7: License for special website of an e-newspaper.

8. Form No. 8: Modified license for special website of an e-newspaper.

(All these forms are not printed herein)

Article 14. Implementation provisions

1. This Circular takes effect on January 1, 2012.

2. Managing agencies and e-newspaper agencies shall comply with the press law and their e-newspaper licenses and licenses for special websites of e-newspapers.

3. Any problems arising in the course of implementation should be promptly reported to the Ministry of Information and Communications for consideration and settlement.-

Minister of Information and Communications
NGUYEN BAC SON