PRIME MINISTER SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness No. 25/2013/QD-TTg Hanoi, May 04th, 2013 Government Portal ARRIVAL No. 3547 Date: May 06th DECISION Promulgating Regulations on statements and providing information to the press Pursuant to Government Organizational Law dated December 25th, 2001; Pursuant to Press Law dated December 28th, 1989; law on amendments, additions to several articles of press law dated June 12th, 1999 Pursuan to Decree No. 51/2002/ND-CP dated April 26th, 2002 by the Government regulating in details implementation of Press law; law of amendments, additions to several articles of press lawl; Pursuant to Decree No. 43/2011/ND-CP dated June 13th, 2011 by the Government on providing information and online public services on electronic information pages or portals of the State’s agencies. Pursuant to Decree No. 08/2012/ND-CP dated Frebruary 16th, 2012 by the Government promulgating the Government’s working regulations; Pursuant to Decree No. 36/2012/ND-CP dated April 18th 2012 by the government stipulating function, duty, right and organizational structure of Ministries and ministerial –level agencies; Referring to proposal of Minister of Information and Communications, Prime Minister promulgates Decision on issuing Regulations on statements and providing information to the press. Article 1. Promulgate with this Decision “Regulations on speaking and providing information to the press”. Article 2. This Decision is effective from July 01st , 2013 and replaces Decision No. 77/2007/QD-TTg dated 28/05/2007 by Prime Minister promulgating Regulations on statements and providing information to the press. Article 3. Ministers, Heads of ministerial –level agencies, Heads of agencies under the Government, Chairman of People’s Committee of provinces, cities directly under the central are responsible for implementing this Decision./. Recipients: -Secretariat of Party Central Committee; - Prime Minister, deputy prime ministers of the Government; - Ministries, Ministerial-level agencies, Agency under the Government; - People’s Council, People’s Committee of provinces, cities directly under the central; - the Central office and boards of the Party - Office of General Secretary - Office of President of the Country PP. PRIME MINISTER DEPUTY PRIME MINISTER (Signed and sealed) Nguyen Thien Nhan - People’s Council, People’s Committee of National Assembly - Office of National Assembly - Supreme People’s Court; - Supreme People’s Procuratorate; - National Finance supervision committee; - State’s Audit; - Vietnam Bank for Social Policies - Vietnam Development Bank; - Central Committee of the Vietnam Fatherland Front - Central agencies of unions; - VPCP: BTCN, PCN, TTCP assistants, Portal, Departments, Bureaus, subordinate units , Gazette; - saving as archives, DGVX (3b) KN300 PRIME MINISTER SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness REGULATIONS On speaking and providing information to the press (Promulgated with Decision No. 25/2013/QD-TTg Dated May 04th, 2013 by the Prime Minister) Chapter I GENERAL REGULATIONS Article 1. Scope, adjusted object This regulation stipulates the regime of speech and providing information to the press by Ministries, Ministerial-level agencies, agencies under the Government, People’s Committee of provinces, municipalities (hereinafter referred to as the State’s administrative agency) according to current legal provisions on press. Article 2. Spokesman and person of providing information to press 1. The State’s administrative agencies’ spokemen and the people of providing information to press are: a) Leader of the State’s administrative agency; b) The person assigned the duty of speaking and providing information to press regularly by the leader of State’s administrative agency (hereinafter referred to as Spokesman); Full name, position, telephone number and email address of spokesman must be declared in writing to press agencies, the state’s press management agencies and posted on electronic portal or electronic information page of the state’s administrative agency. c) Where necessary, leader of the state’s administrative agency can authorize his/her agency’s person in charge to speak (hereinafter referred to as the person authorized to speak) or to coordinate with spokesman to speak or give information to presses on specific assigned matters; Spokesman stipulated at Article b clause 1 this article, if absent and can not speak and provide information to press, must report so that the leader of administrative agency authorizes a his/her agency’s person in charge to perform statements and provide information to press. Authorization for speaking is performed in writing, applied to each case and has certain timelimit; When conducting authorization, full name, telephone number and email address of the person authorized to speak and authorized documents must be posted on the eletronic portal or electronic pages of State’s administrative agency within 12 hours after signing the authorized document. 2. Spokesperson, the person authorized to speak, stipulated at Point b, Point c Clause 1 this Article are not allowed to authorize other person. 3. Spokesperson, the person authorized to speak, stipulated at Point b, Point c Clause 1 this Article must ensure the following standards: a) Be an regular officer, civil servant and who are working at the State’s administrative agency. b) Have strong political view-point, thought, good morality and objective, honest behavior; c) Be expert in the function, duty, right, organizational structure and management field of the state’s administrative agency where she or he is working; have certain knowledge on press field, master legal provisions on press; d) Be able to analyze, summarize, process press information and have ability of communicating to press. 4. The state’s administrative agency’s individuals are allowed to provide information to press under legal provisions but not allowed to speak, give information to press on behalf of the state’s administrative agency; not allowed to reveal investigation and public affair secret, wrong information; honest when providing information to press and are responsible in front of law for the content of provided information. Chapter II SPEAK AND PROVIDE INFORMATION TO PRESS Article 3. Speak and provide periodical information 1. Minister, chairman of Government Office are the main responsible people and coordinate with ministries, ministerial- level agencies, agencies under the Government, People’s Committee of provinces, municipalities in organizing and providing information to press periodically once per month on operations and guiding and managing works of the Government, prime minister in the form of press conference and posting on the electronic portal of the government. The Government’s portal is responsible for updating information according to current provisions to provide timely, exact official information to the presses in the whole country; 2. Ministries, ministerial- level agencies, agencies under the Government, People’s Committee of provinces, municipalities hold to provide information to presses periodically on operations of their agencies, fields, areas under their management, through the following forms: a) Monthly to provide periodical information to presses and update information on Portal or electronic page of their agency under the provisions at Decree No. 43/2011/ND-CP dated June 13th, 2011 by the Government stipulating providing information and online public services on electronic page or portal of the State’s agency; b) At least, to hold a press conference once per three months to provide periodical information to presses. Holding a press conference is conducted under current provisions; c) In necessary cases, the State’s administrative agency hold and provide periodical information to presses in writing or directly communicate at weekly briefings organized by the Central Committee for Propaganda and Education , Ministry of Information and Communications and Vietnam Journalists Association; d) Provide information promptly and exactly to the Government’s Portal under current regulations. Article 4. Speak and provide infromation in sudden, unusual cases Spokesperson or the person authorized to speak is responsible for speaking and providing information promptly, exactly to presses in the following sudden, unusual cases: 1. when it is found it neccesary to communicate on press events, important issues affecting greatly in the society within the state’s administrative agency’s management for the purpose of timely warning and public opinion orientation. Where the occurred case needs initial information from the state’s administrative agency immediately, spokesperson or the person authorized to speak has responsibility for actively speaking, providing information to presses within at leatest one (01) day since the case happens. 2. When press agency or the state’s guiding, managing agency on press requires to speak or provide information on events, the matters, field of agency in the scope of management stated on press or events, issues mentioned at clause 1 this Article. 3. When there is a foundation that press posts wrong information on the field, area managed by his/her own agency, spokesperson or the person authorized to speak requires such press agency to post feedbacks, corrections according to legal provisions. Article 5. Right and responsibility of leader of the state’s administrative agency in speaking and providing information to press. 1. The leader of state’s administrative agency is spokesperson who can directly speak or assign duty, authorize the person of administrative agency to speak and provide information to press under the provisions at point b, point c clause 1 article 2 this decree. 2. The leader of administrative agency is responsible for speaking and providing information to press inclusing case of authorizing other person to speak and provide information to press. 3. The leader of administrative agency holds and guide preparation for information and speaking regime of his/her own administrative agency. 4. The leader of administrative agency considers and supports his/her agency’s spokesperson or the person authorized to speak with expenditure to perform speech and provide information to press. Article 6. Right and Responsibility of spokesperson, the person authorized to speak 1. Spokesperson, the person authorized to speak are allowed to represent on behalf of the state’s administrative agency to speak and provide information to press. 2. Spokesperson, the person authorized to speak have right to ask relevant units, individuals in her/his own agency to provide, gather information to speak, provide information periodically, suddenly to press under the provisions at Articles 3 and 4 of this regulation ; to respond reflections, recommandations, criticisms, complaints , denunciations from organizations, citizens moved or posted on press by press agency in accordance with legal provisions. Units, individuals, when are required by spokesperson, the person authorized to speak for providing information to perform speech and provide information to press, have responsibility for performing in accordance with requirements for content and duration of providing information. 3. Spokesperson, the person authorized to speak are responsible for refusing from speaking and providing information to press in the following cases: a) Matters belong to the State’s secret; secret matters belong to the Party’s principles, and regulations; matters are not under the right to speak. b) Cases are at investigation or are not judged except State’s administrative agencies, investigating bodies require for communication on press about the matters favorable for investigation activity and the work of fighting to prevent criminals; c) Case are in the process of inspection, research to resolve complaints, denunciations; matters on dispute, conflict between the state’s agencies, units are in the process of settlement without a official conclusion from the competent person which under provisions are not allowed to be provided information to press. d) Documents of policies, projects are in the process of drafting which under legal provisions are allowed to be disseminated by competent authority. 4. Spokesperson, the person authorized to speak have responsibility for speaking and providing information to press under the provisions at Articles 3 and 4 this regulation and in front of law and leader of the state’s administrative agency for the content of speech and information provided to press. Article 7. Responsibility of press agencies, journalists Press agencies, journalists are responsible for posting, publishing, reflecting honestly the content of speech and information provided by spokesperson, the person authorized to speak and must write full name of spokesperson, the person authorized to speak. In case press agency who posts, publishes the right content of information provided by spokesperson, the person authorized to speak , are not responsible for the content of such information. Article 8. Handle violations The relevant agency, organization, individual who don’t perform, perform not in accordance with or don’t perform full provisions in this regulation , depending on nature, violation level, will be disciplined, handled administrative violation or retrieved criminal liability under legal provisions. Chapter III ORGANIZATION OF IMPLEMENTATION Article 9. pursuant to this regulation, Ministers, heads of ministerial-level agencies, agencies under the government, chairmen of People’s Committee of provinces, municipalities of board, sectors stipulate in details for their sector, localities. Article 10. Minister of Information and Communications is responsible for instructing Ministries, ministerial-level agencies, agencies under the government, People’s Committee of provinces, municipalities and press agencies to implement this regulation of State’s administrative agencies, gather reports by prime minister on result of implementation./. PP. PRIME MINISTER DEPUTY PRIME MINISTER (Signed and sealed) Nguyen Thien Nhan