Circular No. 31/2021/TT-BTTTT dated December 31, 2021 on detailed regulations and guidelines for applications, procedures for issuance, change, re-issuance, and revocation of press cards

CIRCULAR

DETAILED REGULATIONS AND GUIDELINES FOR APPLICATIONS, PROCEDURES FOR ISSUANCE, CHANGE, RE-ISSUANCE, AND REVOCATION OF PRESS CARDS

Pursuant to the Press Law dated April 5, 2016;

Pursuant to Decree No. 17/2017/ND-CP dated February 17, 2017 of the Government on functions, duties, entitlements, and organizational structure of the Ministry of Information and Communications;

At the request of the Director of the Press Department;

The Minister of Information and Communications promulgates the Circular on detailed regulations and guidelines for applications, procedures for issuance, change, re-issuance, and revocation of press cards.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular provides detailed regulations and guidelines for applications, procedures for issuance, change, re-issuance, and revocation of press cards in accordance with regulations prescribed in Article 28 of the Press Law.

Article 2. Regulated entities

This circular applies to entities engaged in the issuance, change, re-issuance, and revocation of press cards.

Article 3. Issuance of press cards in the new period

A period of a press card is 5 years. The Ministry of Information and Communications shall issue press cards in the new period on January 1 of the year of the new period. The period of current press cards is from January 1, 2021.

Article 4. Responsibilities of heads of agencies, units, and individuals engaged in charge of handling applications for issuance, change, and re-issuance of press cards

1. The head of the agency or unit engaged in charge of handling applications for issuance, change, and re-issuance of press cards shall take responsibility before the law on the accuracy and legality of documents and confirmed information in those applications within the entitlement of that agency; ensure applicants are eligible, qualified, and engaged in press activities in accordance with the content declared in their applications.

2. Applicants applying for issuance, change, and re-issuance of press cards shall take responsibility before the law on the accuracy and legality of their documents and declaration information in those applications.

3. If an application for issuance, change, re-issuance of press cards is discovered to have inaccurate or illegal information or documents, the Ministry of Information and Communicates shall reject the issuance of press cards and consider and clarify the responsibilities involved.

Chapter II

APPLICATIONS, PROCEDURES FOR ISSUANCE, CHANGE, RE-ISSUANCE, AND REVOCATION OF PRESS CARDS

Article 5. How to apply for issuance, change, re-issuance, and revocation of press cards

1. Applicants applying for issuance, change, and re-issuance of press cards shall send their applications on the Public Service Portal of the Ministry of Information and Communications.

2. If an applicant is not eligible to send the application on the Public Service Portal of the Ministry of Information and Transport, send it directly or by post to the following agencies:

a) The Press Department (affiliate of the Ministry of Information and Communications) for entities affiliated to agencies of newspapers, magazines, digital magazines, press management agencies, journalist associations of all levels, and lecturers specialized in journalism;

b) The Bureau of Broadcasting and Electronic Information (affiliate of the Ministry of Industry and Trade) for entities operating in the field of broadcasting.

3. The Ministry of Information and Communications shall grant the press cards directly (at agencies prescribed in Clause 2 Article 5 of this Circular) or by post to applicants applying for issuance, change, and re-issuance of press cards.

Article 6. Applications, procedures for issuance of press cards

1. An agency applying for issuance of press cards shall send 1 dossier of applications including:

a) A declaration of application for a press card declared by the applicant according to Form No. 1;

b) A digital copy (if the application is sent on the Information Portal of the Ministry of Industry and Communications) or a copy (if the application is sent directly or by post) of the bachelor's degree or a college diploma or higher in case the applicant is an ethnic minority prescribed in Point b Clause 1 Article 27 of the Press Law (this does not apply to press card change cases in the new period)

c) A digital copy (if the application is sent on the Public Service Portal of the Ministry of Information and Communications) or a copy (if the application is sent directly or by post) of the recruitment decision or labor contract and other related documents (documents approved by competent agencies showing the time of payment of social insurance at press agencies, working agencies or showing the payment, salary/wages/remuneration/royalties on a monthly basis) proving the working time of at least 2 years at the press agency that applies for press cards or at district-level broadcasting stations, and equivalences;

d) A list of published and broadcasted press works for cases prescribed in Clause 5 and Clause 6 Article 26 of the Press Law (Form No. 2);

dd) A consolidated list of applicants applying for press cards (Form No. 3).

2. The agency applying for issuance of press cards shall send its application before November 11 and April 21 every year or before September 1 of the last year of the duration of press cards for consideration of issuance of press cards.

3. The Ministry of Industry and Communications shall grant press cards on January 1 and June 21 every year; If the dossier of applications is rejected, agencies prescribed in Clause 2 Article 5 of this Circular shall respond and provide explanations on the public service portal of the Ministry of Industry and Communications or in writing.

Article 7. Applications, procedures for change of press cards

1. The new press agency or working agency of an applicant applying for change of a press card shall send 1 dossier of applications including:

a) A written request of the new agency or working agency of the applicant applying for change of the press card (Form No. 4);

b) A digital copy (if the application is sent on the Public Service Portal of the Ministry of Information and Communications) or a copy (if the application is sent directly or by post) of the working acceptance decision or labor contract;

c) Documents of the agency before the job transfer specifying the time of ending of employment and ensuring the applicant is not subject to cases prescribed in Points b, c, d, and dd Clause 3 Article 27 of the Press Law (Form No. 5);

d) A list of published and broadcasted press works for cases prescribed in Clause 5 and Clause 6 Article 26 of the Press Law (Form No. 2);

2. Within 20 days after receiving the valid application, the Ministry of Industry and Communications shall consider granting the changed press card. If the dossier of applications is rejected, agencies prescribed in Clause 2 Article 5 of this Circular shall respond and provide explanations on the Public Service Portal of the Ministry of Industry and Communications or in writing.

Article 8. Applications, procedures for re-issuance of press cards

1. The press agency, working agency of an applicant applying for re-issuance of a press card shall send 1 dossier of applications including:

a) Application of the applicant (Form No. 6);

b) A written report on the loss of the press card of the applicant certified by the public security of the town, commune, ward (Form No. 7);

c) In case press cards are broken, send the old cards to the Ministry of Information and Communications (agencies prescribed in Clause 2 Article 5 of this Circular).

2. Within 20 days after receiving the valid dossier of applications, the Ministry of Industry and Communications shall consider re-issuing the press card. If the dossier of applications is rejected, agencies prescribed in Clause 2 Article 5 of this Circular shall respond and provide explanations on the Public Service Portal of the Ministry of Industry and Communications or in writing.

Article 9. Revocation of press cards

1. Regarding cases subject to revocation of press cards as prescribed in Clause 6 Article 28 of the Press Law, the Minister of Information and Communications shall promulgate the decision on revocation of press cards.

2. Within 15 days after receiving the decision on revocation of press cards, the head of the agency of the person that has his/her card revoked shall revoke that person’s card and submit it to the Ministry of Information and Communications (agencies prescribed in Clause 2 Article 5 of this Circular).

3. Regarding cases prescribed in Point b Clause 6 Article 28 of the Press Law, the Ministry of Information and Communications shall return revoked press cards after receiving dossiers of applications sent directly or by post to it, including:

a) A written request on returning the press card of the agency of the person that has his/her card revoked in accordance with regulations prescribed in Clause 2 Article 9 of this Circular;

b) Documents proving a competent agency has suspended the investigation into the case where a journalist has his/her press card revoked; the judgment or decision of a court with legal effect stating such a journalist is innocent or exempt from criminal liabilities.

Chapter III

                                            IMPLEMENTATION PROVISIONS         

Article 10. Promulgation of forms

Promulgates the Appendix of forms for applications for issuance, change, re-issuance of press cards with this Circular.

Article 11. Entry into force

1. This Circular comes into force as of February 15, 2022.

2. This Circular replaces Circular No. 49/2016/TT-BTTTT dated December 26, 2016 of the Ministry of Information and Communications on detailed regulations and guidelines for applications, procedures for issuance, change, re-issuance, and revocation of press cards./.