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THE NATIONAL
ASSEMBLY |
SOCIALIST
REPUBLIC OF VIETNAM |
|
Law No. 46/2019/QH14 |
Hanoi, November 21, 2019 |
Pursuant to the Constitution of the Socialist Republic of Vietnam;
The National Assembly hereby promulgates the Library Law.
This Law provides for establishment and operations of libraries; rights, obligations and responsibilities of regulatory bodies, organizations and individuals concerning library operations; and state management of libraries.
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For the purposes of this Law, the terms below shall be construed as follows:
1. “library” means an institution of culture, information, education and science that develops, processes, stores, preserves and provides information resources for its users.
2. “digital library” means a library or a part of a library whose information resources are digitally processed and stored and available to library users via electronic devices and the cyberspace.
3. “information resources” means a collection of materials or data such as printed documents, handwritten documents, audiovisual materials, digital documents, microforms, including microfilms and microfiches, special documents for people with disabilities and other types of documents and data.
4. “open information resources” means information resources available to library users without any financial, legal or technical barrier.
5. “library utility” means a piece of equipment of service to users and library staff in collection, processing, storage, preservation and use of information resources and enhancement of the values of libraries.
6. “library service” means an activity provided by a library independently or in cooperation with another entity to serve the needs of library users.
7. “library cooperation” means cooperation between libraries to utilize information resources, library utilities, information resources processing results, library information products and library services.
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1. Develop, process, store, preserve, connect and enrich information resources as appropriate to the needs of library users.
2. Organize shared use of information resources, information products and library services; promote knowledge and cultural values of the country and humankind; support research, learning and recreation; and contribute to the formation and development of knowledge, skills, virtues and capacity of library users.
3. Apply scientific and technological advancements, and modernize libraries.
4. Promote reading culture and provide an environment for life-long learning, build a learning society, heighten people’s intellectual standards, and shape comprehensively capable Vietnamese citizens.
Article 5. State policies for library development
1. For public libraries, the State shall invest in the following areas:
a) Prioritize investment for the National Library of Vietnam, public libraries of provinces and central-affiliated cities (“provincial libraries”) and important libraries;
b) Modernization of libraries; development of digital libraries, shared information resources, and open information resources; and cooperation between domestic and foreign libraries;
c) Collection, preservation and enhancement of values of ancient and precious documents, and document collections of significance to history, culture and science;
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dd) Training and development of library staff;
e) Research and application of scientific and technological advancements in libraries.
2. The State shall support investment in the following areas:
a) Provision of public library services, and reading culture promotion;
b) Maintenance and development of community libraries and private libraries open to the general public without profitable aims;
c) Cost for transfer of library materials for political purpose or to border areas, islands and areas with socio-economic difficulties or exceptional socio-economic difficulties;
d) International library cooperation.
3. The State shall formulate incentive policies to encourage organizations and individuals to participate in the activities prescribed in Clauses 1 and 2 herein.
4. The Government shall provide for the important libraries mentioned in Point a Clause 1 herein, and the ancient and precious documents and document collections of significance to history, culture and science mentioned in Point c Clause 1 herein.
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1. Residential communities, organizations and individuals are encouraged to invest, sponsor and donate to libraries, reading culture, establishment and promotion of grassroots reading rooms and reading space.
2. Residential communities, organizations and individuals participating in library operations are entitled to preferential treatment as prescribed by law.
3. Residential communities, organizations and individuals that invest in library facilities and equipment; or sponsor or donate to the enhancement of libraries and reading culture shall be recognized and honored according to regulations of laws on emulation and rewards.
4. The Government shall provide for the grassroots reading rooms and reading space mentioned in clause 1 of this Article.
Article 7. Restricted information resources in libraries
1. Restricted information resources in libraries comprise:
a) Information resources containing contents whose widespread use may affect state interest, or legitimate rights and interest of regulatory bodies, organizations and individuals;
b) Information resources within the scope of state secrets, of restricted use, with conditional access or with limited access according to regulations of laws on state secrets protection, information access and archives;
c) Authentic copies of ancient and precious documents, and information resources being cultural heritage stored in libraries;
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2. The Minister of Culture, Sports and Tourism shall elaborate the restricted information resources in libraries prescribed in Point a Clause 1 herein; and stipulate rules for use of restricted information resources in libraries.
3. Regulatory bodies, organizations and individuals establishing libraries (“library founders”) shall take responsibility for compilation of lists of restricted information resources and use of restricted information resources in libraries.
1. Taking advantage of library operations to distort State guidelines, policies and legislation; to oppose the Socialist Republic of Vietnam; to separate the block of great national solidarity; to incite violence or hatred between ethnicities or religions; to propagate invasion war; to erode the good traditions and customs; to spread superstitious beliefs; or to attract library users to social evils.
2. Provision of information resources within the scope of state secrets, unless otherwise provided for by law.
3. Impeding access to and use of information resources of library users against regulations of laws.
4. Provision of information on library users, unless requested by competent authorities.
5. Appropriating, swapping, destroying or causing damage to information resources.
6. Unauthorized access to library information systems or library databases; modification, disruption or destruction of library information systems or library databases.
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1. Types of library:
a) National Library of Vietnam;
b) Public libraries;
c) Special libraries;
d) Libraries of Vietnam People’s Armed Force;
dd) Libraries of higher education institutions (“university libraries”);
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g) Community libraries and private libraries open to the general public;
h) Libraries of foreign organizations and individuals open to Vietnamese people.
2. Types of library ownership:
a) Public libraries, which have their investment and operating conditions ensured and ownership represented by the State, and are organized in the form of public service providers or as appropriate to the organizational model of their supervisory regulatory bodies or organizations;
b) Non-public libraries, which have their investment and operating conditions ensured by Vietnamese or foreign organizations, individuals or residential communities, and are organized in the form of enterprises or non-public service providers or another model.
Article 10. National Library of Vietnam
1. The National Library of Vietnam is the nucleus library of the whole country.
2. The National Library of Vietnam has the following functions and duties in addition to those prescribed in Article 4 of this Law:
a) Receive, preserve and permanently store publications and journalistic publications published in Vietnam as prescribed by law; doctoral theses of Vietnamese citizens defended domestically and overseas; and doctoral theses of foreigners defended in Vietnam;
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c) Develop the national bibliographic information system; take charge and cooperate with libraries of Ministries and regulatory bodies and other domestic libraries in formulating the Vietnam Master Catalogue; publish and share national bibliographic information and digital information resources per request, excluding the restricted information resources prescribed by this Law and laws on state secrets protection, information access and archives;
d) Conduct research on library and information science;
dd) Catalogue in a centralized manner; take charge and cooperate with libraries in establishing and developing databases of unabridged texts and digital libraries;
e) Cooperate and exchange information resources with domestic and foreign libraries; participate in library-related forums and socio-professional organizations according to regulations of laws;
g) Provide specialized guidance for libraries across the country as assigned and fulfill other duties given by the Minister of Culture, Sports and Tourism.
1. A public library is a library whose consolidated information resources are made accessible to people.
2. A provincial library is the nucleus library of a province or central-affiliated city. It has the following functions and duties in addition to those prescribed in Article 4 of this Law:
a) Collect ancient and precious documents; information resources regarding the tongues and writings of ethnic minorities; information resources of its province and information resources concerning the characteristics of its province;
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c) Support information retrieval and utilization and equip the skills for such activities for libraries users;
d) Arrange reading areas for children and people with disabilities;
dd) Take part in establishment of public libraries in districts and towns (“district-level libraries”) and public libraries in communes (“commune-level libraries”);
e) Provide mobile libraries, and transfer information resources and library utilities;
g) Organize exhibitions and other activities to promote reading culture;
h) Cooperate with domestic and foreign libraries;
i) Provide specialized guidance for libraries within its province as assigned and fulfill other duties given by competent authorities.
3. A district-level library has the following functions and duties in addition to those prescribed in Article 4 of this Law:
a) Receive information resources and library utilities from the provincial library;
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c) Support lifelong learning of people in its district;
d) Fulfill other duties assigned by competent authorities.
4. A commune-level library has the following functions and duties in addition to those prescribed in Article 4 of this Law:
a) Receive information resources and library utilities from the provincial library, district-level libraries and other legal sources;
b) Transfer information resources to community libraries and private libraries open to the general public in its commune;
c) Participate in promotion of reading culture and formation of reading habit of people in its commune;
d) Fulfill other duties assigned by competent authorities.
1. A special library is a library containing in-depth information resources of one particular discipline or more and serving officials, public employees and workers of its supervisory body or organization.
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2. A special library has the following functions and duties in addition to those prescribed in Article 4 of this Law:
a) Enrich information resources as appropriate to its discipline(s); receive, supplement and organize use of information resources obtained from scientific research and publications, documents used in conferences and seminars, survey and research reports of researchers and its supervisory body or organization, and specialized journals, schemes and projects of its supervisory body or organization;
b) Develop a database and digital library for grey literature of its discipline(s); supplement and acquire the right to access foreign specialized information resources;
c) Cooperate with domestic and foreign libraries;
d) Fulfill other duties assigned by its supervisory body or organization.
Article 13. Libraries of People’s Armed Force
1. A library of the People’s Armed Force is a library of an affiliate of the People’s Army or Public Security Force that possesses consolidated information resources of national defense and security and serves officials, soldiers and people in the locality, persons serving a sentence, and persons receiving education in correctional institutions.
2. A library of the People’s Armed Force has the following functions and duties in addition to those prescribed in Article 4 of this Law:
a) Enrich information resources as appropriate to its assigned tasks; receive, supplement and organize use of domestic and foreign information resources of national defense and security; documents used in conferences and seminars, survey and research reports, and specialized journals, schemes and projects of the People’s Armed Force as regulated;
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c) Cooperate with libraries in the same system, and share information resources with domestic and foreign libraries;
d) Fulfill other duties assigned by its supervisory body.
Article 14. University libraries
1. A university library is a library whose information resources serve learners and teachers of a higher education institution.
2. A university library has the following functions and duties in addition to those prescribed in Article 4 of this Law:
a) Enrich information resources as appropriate to the objectives, academic contents, programs and disciplines, scientific research and technological development of its higher education institution;
b) Receive, supplement and organize use of graduate papers, graduate projects, theses, dissertations and scientific research results of learners and lecturers in higher education institutions; formulate grey literature, educational resources databases and open educational resources;
c) Arrange reading space; give instructions on how to use library products and library utilities; refine information retrieval and utilization skills; consolidate and enrich knowledge of learners, teachers and managers;
d) Cooperate with domestic and foreign libraries;
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1. A library of an institution of preschool education, general education or vocational education or another educational institution is a library whose information resources serves learners and teachers of such educational institution.
2. The library of a preschool institution has the following functions and duties in addition to those prescribed in Article 4 of this Law:
a) Enrich information resources as appropriate to the age group and psychological characteristics of preschool children; and information/resources requirements from teachers, managers and educational programs of its institution;
b) Organize activities to familiarize preschool children with books and form reading habit in them; give instructions on how to use libraries, equip information retrieval and utilization skills for teachers and managers;
c) Fulfill other duties assigned by its institution.
3. The library of a general education institution has the following functions and duties in addition to those prescribed in Article 4 of this Law:
a) Enrich information resources as appropriate to learning and research activities of learners, teachers and managers, and to learning/teaching objectives, contents and curricula of each educational level or program;
b) Organize activities to encourage reading, form reading habit, and develop reading skill for learners; give instructions on how to use libraries, equip information retrieval and utilization skills for learners, teachers and managers;
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d) Fulfill other duties assigned by its institution.
4. The library of a vocational education institution or another educational institution has the following functions and duties in addition to those prescribed in Article 4 of this Law:
a) Enrich information resources as appropriate to learning and research activities of learners, teachers and managers, and to training objectives, contents and curricula of its institution;
b) Organize activities to encourage reading; give instructions on how to use libraries, equip information retrieval and utilization skills for learners, teachers and managers;
c) Fulfill other duties assigned by its institution.
Article 16. Community libraries and private libraries open to the general public
1. A community library is a library that possesses consolidated information resources and was established by a residential community at a commune-level cultural - sports center, community learning center, post office providing cultural services, cultural center, an apartment building or in a common space of the community.
2. A private library open to the general public is a financially independent library containing consolidated or specialized information resources and established by a Vietnamese organization or individual.
3. Community libraries and private libraries open to the general public have the following functions and duties in addition to those prescribed in Article 4 of this Law:
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b) Operate as declared with competent authorities;
c) Foster reading culture among people in their localities.
Article 17. Libraries of foreign organizations and individuals open to Vietnamese people
1. A library of a foreign organization or individual open to Vietnamese people is a financially independent library containing consolidated/specialized information resources, established by a foreign organization or individual in Vietnam and operated according to regulations of this Law and other relevant regulations of laws.
2. A library of a foreign organization or individual open to Vietnamese people has the following functions and duties in addition to those prescribed in Article 4 of this Law:
a) Operate as declared with competent authorities;
b) Promote reading culture.
Section 2. ESTABLISHMENT, MERGER, CONSOLIDATION, DIVISION AND DISSOLUTION OF LIBRARIES
Article 18. Library establishment conditions
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a) The library’s objectives and targeted groups of users are determined;
b) There are information resources suitable to the library’s functions, duties and targeted groups of users;
c) There are adequate facilities and equipment to operate the library;
d) Library staff is qualified for the library’s operations;
dd) The library’s legal representative has full legal capacity.
2. The Government shall elaborate Points a, b, c and d Clause 1 herein.
Article 19. Establishment of public libraries
1. Competence in and procedures for establishment of libraries being public service providers are specified by regulations of laws on public service providers.
2. Competence in and procedures for establishment of libraries besides those mentioned in Clause 1 herein are specified by regulations of laws that govern establishment of each library’s supervisory body.
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1. An organization/individual or a residential community has the right to establish a library if all the conditions prescribed in Clause 1 Article 18 of this Law and other relevant regulations of laws are satisfied.
2. For libraries established in the form of enterprises, such establishment shall abide by regulations in this Law, laws on enterprises and other relevant regulations of laws.
Article 21. Merger, consolidation, division and dissolution of libraries
1. Merger, consolidation, division or dissolution of a library must be carried out under a plan for conservation of information resources invested, sponsored and donated by the State, organizations and individuals.
2. A library founder has the right to decide merger, consolidation, division or dissolution of its library following the procedures prescribed by laws on public service providers, laws on enterprises, or laws governing the library’s supervisory body.
Article 22. Suspension and termination of library operations
1. A library will be suspended for a definite period in any of the following cases:
a) It violates any of the regulation prescribed in Clause 1 Article 8 of this Law;
b) It has incurred an administrative penalty related to library operations but persists with its violation.
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a) It decides to terminate its operations;
b) It is forced to terminate its operations due to lack of remedial measures upon end of the suspension period prescribed in Clause 1 of this Article.
3. Competence in suspension and termination of library operations:
a) Regulatory bodies, organizations and individuals with competence in library establishment have the right to terminate library operations for the case prescribed in Point a Clause 2 herein;
b) Competent organizations and individuals whose powers are prescribed by laws on handling of violations have the power to suspend library operations according to regulations of laws and have the right to terminate library operations for the case prescribed in Point b Clause 2 herein.
4. The decision on suspension or termination of operations of a library must include the reason for such suspension or termination and be posted at the library. The suspension decision must specify the suspension period. Within such period, if the library manages to remedy the violation stated in the suspension decision, the organization or individual with competence in suspending its operations has the power to decide resumption of its operations.
5. The Government shall elaborate procedures for suspension and termination of library operations.
Article 23. Notification of library establishment, merger, consolidation, division and dissolution
1. When a competent regulatory body, organization or individual establishes, merges, consolidates, divides, dissolves a library or terminates the operation of a library, it must notify the competent authorities prescribed in Clause 5 herein.
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a) A copy of the decision from the competent authority or written notice regarding establishment, merger, consolidation, division, dissolution or termination of operation of the library according to regulations of the Minister of Culture, Sports and Tourism;
b) Documents proving eligibility for establishment of public libraries, private libraries open to the general public and libraries of foreign organizations and individuals open to Vietnamese people prescribed in Clause 1 Article 18 of this Law.
3. Time limit for notification:
a) Within 30 days from the date on which the decision on establishment, merger, consolidation, division or dissolution of a public library or termination of operation thereof is promulgated;
b) 30 days prior to the date on which a non-public library begins its operations, undergoes merger, consolidation, division or dissolution, or has its operations terminated.
4. Within 15 days from the date of receipt of the valid dossier according to regulations in Clause 2 herein, the competent authority must reply in writing; if the dossier is rejected, a written explanation must be provided. Within 10 days from the date of receipt of the notification, if the notification dossier is lacking any content prescribed in Clause 2 herein, the competent authority shall request the regulatory body, organization or individual to supplement.
5. Competence in receipt of notification dossiers:
a) The Ministry of Culture, Sports and Tourism shall receive notification dossiers concerning special libraries at central level and provincial libraries;
b) Provincial People’s Committees shall receive notification dossiers concerning provincial special libraries, district-level libraries, university libraries and libraries of foreign organizations and individuals open to Vietnamese people located in their provinces;
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d) Commune-level People’s Committees shall receive notification dossiers concerning public libraries located in their communes.
Article 24. Rules for library operations
1. Employ the user-centered design; create an environment of friendliness and equality; ensure the rights to access and use libraries of organizations and individuals.
2. Information resources must be collected, processed, stored, preserved and disseminated in compliance with national technical regulations, national standards and relevant library standards.
3. Frequently innovate procedures, information products and library services on the basis of application of scientific and technological advancements.
4. Carry out library cooperation.
5. Comply with regulations of laws on intellectual property, science and technology, information technology, cyber security and other relevant regulations of laws.
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1. Development of information resources includes the tasks of enrichment and weeding of information resources.
2. Tasks of enrichment of information resources include:
a) Identify methods for collection of information resources and sources thereof as appropriate to functions, duties and targeted groups of users of the library; receive publications and journalistic publications according to regulations of publishing laws and press laws, and the functions and duties of libraries prescribed in this Law;
b) Supplement and purchase information resources and right to access digital information resources and databases;
c) Collect open information resources, private information resources and other valuable online information resources;
d) Cooperate in exchanging information resources between domestic and foreign libraries; cooperate in collection, sharing and use of shared databases or right to access digital information resources;
dd) Convert and digitalize information resources for storing and research purposes as prescribed by laws on intellectual property and other relevant regulations of laws;
e) Receive information resources transferred, sponsored or donated by domestic and foreign organizations and individuals.
3. Information resources shall be weeded in accordance with regulations of the Minister of Culture, Sports and Tourism.
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1. Processing of information resources is regulated as follows:
a) After being added to a library, information resources must be processed according to professional procedures; information retrieval systems shall be developed for management, searching and use purposes;
b) Copy bibliographic records, utilize important information resources that have undergone processing to ensure accuracy, consistency and thriftiness.
2. Organization of information retrieval systems is regulated as follows:
a) Information retrieval systems shall display all information resources via catalogues and databases on web portals or websites of libraries;
b) Ensure safe storage of information resources processing results;
c) Ensure information retrieval systems are up-to-date and easy to use;
d) Ensure cooperation in information retrieval between libraries.
Article 27. Preservation of information resources
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a) All information resources in storage and/or of service to users must be preserved;
b) Ensure information safety to support management, retrieval and use;
c) Back up, restore or convert forms of resources as suitable to library's capacity;
d) Digital information resources must be backed up periodically and equipped with data recovery mechanisms when necessary; and must be preserved as suitable to the data format;
dd) Information resources being cultural heritage and information resources included in state secrets lists must be preserved according to regulations of laws on cultural heritage, archives and state secrets protection.
2. The Minister of Culture, Sports and Tourism shall elaborate this Article.
Article 28. Development and provision of library information products and library services
1. Development and provision of library information products and library services are regulated as follows:
a) Ensure library information products and library services are developed and provided in a scientific, modern and effective manner, suitable to the functions and duties of libraries and needs of library users;
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2. Library information products consist of:
a) Information retrieval systems, databases of catalogues, information and unabridged texts;
b) Specialized catalogues and information;
c) Web portals and websites;
d) Other library information products developed during processing of information resources of libraries.
3. Library services include:
a) Provision of information resources inside and outside of libraries, including mobile libraries, or in the cyberspace, and transfer of information resources;
b) Provision of information on catalogues and information assistance;
c) Provision of consultancy and training regarding library operations and learning/research assistance to organizations and individuals;
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dd) Assistance with digital library utilities;
e) Other library services.
Article 29. Library cooperation
1. Library cooperation shall focus on:
a) Cooperation in procurement and collection of shared information resources and cooperation in formulation of union catalogues;
b) Sharing information resources between libraries; sharing results of processing of information resources and library information products;
c) Cooperation in provision of library services for library users.
2. Forms of library cooperation:
a) Location-based cooperation;
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c) Cooperation based on subjects covered by information resources or contents thereof;
d) Cooperation between different types of library.
3. Library cooperation mechanism:
a) Libraries for which investment is prioritized by the State shall act as the core of development, sharing and use of shared information resources between libraries;
b) Cooperate in acquisition of the rights to access and share foreign information resources, and utilize state and private funding;
c) Information resources funded by the state budget must be shared between libraries.
4. The Government shall elaborate this Article.
Article 30. Promotion of reading culture
1. The 21st of April is Vietnamese Book and Reading Culture Day.
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a) Foster reading habit in families, schools, regulatory bodies and organizations throughout the country;
b) Provide guidance on methods and skills in reading and using information resources for children in libraries of preschool institutions and general education institutions;
c) Develop information retrieval and utilization skills, and enrich knowledge of library users;
d) Boost cooperation between public libraries and other libraries in the same locality; access to and utilization of information and knowledge from shared digital libraries via electronic devices; use of mobile libraries and transfer of information resources.
Article 31. Development of digital libraries
1. Develop digital information resources on the basis of collection of digital resources and digitalization of library’s resources.
2. Digital information resources must be processed, stored and preserved according to technical regulations and standards for information technology and library operations.
3. Employ advanced software in digital library management and smart interface design; ensure openness and cooperation in data retrieval and utilization and conversion between data storage systems; assist with granting access and usage right to digital information resources to library users.
4. Grant access to information resources in digital format and other formats.
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1. Build modern technical infrastructure to ensure deployment and operation of digital libraries and library automation.
2. Deploy open access reading rooms and systems for automatic resources provision; self checkout and self check-in systems; advanced library security and surveillance systems; creative spaces for library users; and zones for children and people with disabilities.
3. Conduct research and apply artificial intelligence, Internet of Things, open access, cloud computing, big data systems and other scientific and technological advancements following global trends in library operations.
4. Establish state-of-the-art library information networks to connect domestic and foreign libraries.
5. Create and provide modern library services and information products to serve library users; establish databases, develop and utilize digital libraries; deploy websites, web portals and library services in the cyberspace.
Article 33. Communication concerning libraries
1. Libraries shall establish communication for the following contents:
a) Information resources;
b) Library information products and library services;
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d) Library workforce;
dd) Other contents pertaining to libraries and suitable to regulations of laws.
2. Forms of communication include:
a) Exhibitions to introduce books, library information products and library services; exchanges, seminars, conferences, presentations; cultural and educational events related to libraries;
b) Cultivation of public relations and library image;
c) Other forms in compliance with the law.
Article 34. Cooperation between libraries and regulatory bodies and organizations
1. Libraries shall cooperate with regulatory bodies and organizations in the following activities:
a) Preservation of information resources and databases;
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c) Provision of library services for library users and the general public.
2. Libraries shall cooperate with regulatory bodies and organizations related to science and technology information and archives to ensure effective use and preservation of information resources and data banks of the State; and with other regulatory bodies, organizations and enterprises according to cooperation programs, contracts and regulations of laws.
3. Libraries shall cooperate with regulatory bodies and organizations related to culture and tourism and other regulatory bodies and organizations to diversify library services and provision thereof.
Libraries are funded by:
1. State budget.
2. Income from library services.
3. Sponsorship and donation from domestic and international organizations and individuals according to regulations of laws.
4. Other legal funding sources.
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1. Develop and deploy international cooperation programs, schemes and projects.
2. Participate in professional forums, organizations and associations, and cooperate with domestic and foreign libraries.
3. Formulate, implement and disseminate laws and international practices on libraries.
4. Conduct scientific research, exchange information resources and experience, and train the workforce; apply and transfer technologies; promote library operations and enable foreign organizations and individuals to join and support library operations.
5. Carry out other international cooperation activities in compliance with regulations of laws.
Article 37. Evaluation of library operations
1. All libraries shall have their library operations evaluated for the purposes of state management of libraries and enhancement of library operations.
2. Rules for evaluation of library operations:
a) Impartiality, precision and compliance with regulations of laws;
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c) On an annual basis.
3. Criteria, methods and procedures for evaluation of library operations are regulated by national standards.
4. Evaluation of the operations of a library comprises:
a) A self-evaluation by the library;
b) An evaluation by the library founder;
c) An evaluation by a library authority.
5. The Minister of Culture, Sports and Tourism shall elaborate this Article.
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Article 38. Rights of libraries
1. Determine their operational contents and forms as appropriate to their functions and duties.
2. Exchange information resources and join domestic and foreign library information systems according to regulations of laws.
3. Reject requests for information resources that are against regulations of laws or library regulations.
4. Charge library services in accordance with regulations of laws
5. Conduct research, apply scientific and technological advancements, and establish technical infrastructure meeting library modernization requirements.
6. Attract and receive sponsorship and donation to libraries as prescribed by law
7. Expand targeted groups of users in compliance with regulations of laws and library regulations.
8. Carry out international library cooperation.
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10. The National Library of Vietnam, special libraries of Ministries, ministerial-level agencies, Governmental agencies, Office of the National Assembly, Supreme People’s Courts and Supreme People’s Procuracies and provincial libraries may store the information resources prescribed in Point a Clause 1 Article 7 of this Law for research purpose.
Article 39. Responsibilities of libraries
1. Ensure exercise of right to access information and to use library services prescribed in this Law, other relevant regulations of laws and library regulations.
2. Use library resources effectively.
3. Organize specialized library activities according to regulations in this Law and other ex officio activities.
4. Provide library services; schedule operating time as appropriate to living, working and learning conditions of library users.
5. Announce library regulations and provide library guides.
6. Exercise transparency regarding information resources and library activities.
7. Submit reports on an annual basis and upon request.
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Article 40. Rights of library staff
Library staff holds the right to:
1. Learn, and have their professional qualification, knowledge on library management and skills in using modern equipment and techniques applied to library operations enhanced.
2. Participate in scientific research and professional activities; and join socio-professional organizations for libraries.
3. Enjoy remuneration and professional incentive policies according to regulations of laws.
Article 41. Obligations of library staff
1. Comply with regulations of laws on libraries and other relevant regulations of laws, regulations on professional qualification and workplace regulations.
2. Enable library users to access and use information resources and library utilities; ensure equality rights and other rights of library users prescribed in this Law.
3. Support information retrieval and utilization and equip the skills for such activities for libraries users.
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5. Follow code of professional conduct for libraries.
Article 42. Rights of library users
Library users hold the right to:
1. Use libraries, access and use information resources and library utilities according to library regulations, laws on intellectual property and state secrets protection, and other relevant regulations of laws.
2. Be exempted from fees and charges for the following activities in public libraries:
a) Using information resources inside the libraries and borrowing resources within the period prescribed by library regulations;
b) Searching information in the cyberspace; receiving information about information resources via information retrieval systems or other means of information receipt;
c) Receiving help or advice on retrieval and selection of information resources suitable to their needs;
d) Other activities as regulated.
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4. Receive instructions on how to use libraries, receive assistance in retrieving and utilizing information, and be equipped with information retrieval and utilization skills.
5. Participate in activities for library users organized by libraries.
6. Choose libraries suitable to their needs.
7. Complain and denounce acts of obstruction of access to libraries.
Article 43. Obligations of library users
1. Comply with regulations of laws and library regulations.
2. Fully pay for library card issuance and library services as regulated.
3. Preserve information resources and other property of libraries.
4. Compensate as regulated.
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1. Ethnic minorities shall be enabled to use information resources in their tongues and writings as appropriate to capacity of libraries.
2. For elderly library users or library users with disabilities who are unable to visit libraries, they shall be enabled to use information resources at home by post or via mobile libraries or cyberspace if their requests are within capacity of the libraries.
3. People with vision impairment or hearing loss have the right to use information resources according to regulations in Clause 2 herein and shall be enabled to use Braille resources, audiovisual materials, sign language resources or other special resources.
4. Children shall be enabled to use information resources appropriate to their age and educational level in libraries of educational institutions and public libraries.
5. Children, the elderly, war invalids, people with disabilities, and members of poor or near-poor households shall be issued with library cards free of charge.
6. Persons serving a sentence in detention facilities, correctional institutions or rehabilitation centers shall be enabled to use information resources in libraries in such facilities.
Article 2. RESPONSIBILITIES OF RELEVANT REGULATORY BODIES, ORGANIZATIONS AND INDIVIDUALS
Article 45. Responsibilities of library founders
1. Ensure facilities, techniques, funding and workforce for library operations and development as prescribed by laws.
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3. Promulgate regulations on organizational structure and operations of libraries according to regulations of laws.
4. Implement professional incentive policies for library staff.
5. Encourage organizations and individuals to contribute their learning/teaching resources, references, graduate papers, graduate projects, theses, dissertations and scientific research results to libraries of educational institutions and libraries of their workplaces, educational institutions or research institutions.
6. Request state agencies and local governments to provide materials and publications they published to libraries free of charge.
7. Formulate plans for transfer of information resources and library utilities according to regulations of laws on management and use of public property in case of merger, consolidation, division, dissolution or termination of operation of public libraries.
8. Promptly inspect, detect and handle violations against regulations on library operations as prescribed by law.
9. Notify the competent authorities prescribed in Article 23 of this Law of establishment, merger, consolidation, division, dissolution and termination of operation of a library.
10. Ensure requirements in terms of fire prevention and fire fighting; environmental protection and natural disaster prevention according to regulations of laws.
11. Ensure enrichment of information resources in libraries of educational institutions; connect library operations with educational programs of educational institutions as suitable; appoint heads of libraries and library staff who are qualified for library operations.
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Article 46. Responsibilities of regulatory bodies, organizations and individuals managing libraries
1. Develop and launch plans for library operations, enrichment of information resources and promotion of reading culture.
2. Utilize investment in their libraries.
3. Enable library staff to receive further education and training to improve political qualification, professional qualification and knowledge.
4. Submit reports on library operations to library founders and competent authorities.
5. Organize library cooperation via suitable arrangements.
Article 47. Responsibilities of relevant regulatory bodies, organizations and individuals
1. Publishing authorities, publishing bodies and press authorities shall submit publications and journalistic publications to libraries according to regulations of publishing laws and press laws.
2. Vietnamese citizens defending their doctoral theses domestically or overseas; and foreign citizens defending their doctoral theses in Vietnam shall submit such theses to the National Library of Vietnam according to regulations in this Law and other relevant regulations of laws.
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4. Socio-professional organizations for libraries established and operating under laws on associations shall:
a) Participate in development of libraries;
b) Cooperate with competent authorities in disseminating regulations of laws, policies and scientific achievements concerning library science of Vietnam and other countries;
c) Advise on formulation of standards for libraries, quality of library services and promotion of reading culture;
d) Participate in development of code of professional conduct for libraries and encourage compliance therewith from their members.
RESPONSIBILITIES FOR STATE MANAGEMENT OF LIBRARIES
Article 48. Responsibilities of the Government for state management of libraries
1. The Government shall exercise unified state management of libraries.
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a) Promulgate or propose policies, legislative documents, strategies and plans for library development to competent authorities for promulgation and organize implementation thereof;
b) Promulgate or propose national standards and national technical regulations for library operations to competent authorities for promulgation; and promulgate code of professional conduct for libraries;
c) Direct library cooperation; direct library operations, library staff development, research on and application of science and technology in library operations;
d) Disseminate library laws;
dd) Develop activities to promote reading culture and provide guidance thereon;
e) Inspect, handle violations, and settle complaints and denunciations concerning library operations intra vires;
d) Carry out international library cooperation.
1. The Ministry of National Defense and Ministry of Public Security shall take charge and cooperate with the Ministry of Culture, Sports and Tourism in ex officio management of organization and operations of libraries of the People’s Armed Force.
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3. The Ministry of Information and Communications shall take charge and cooperate with the Ministry of Culture, Sports and Tourism and relevant state agencies in management of information systems and cyber security in library operations; and take charge in implementing legal deposit regulations.
4. The Ministry of Science and Technology shall take charge and cooperate with the Ministry of Culture, Sports and Tourism in appraisal and promulgation of national standards and appraisal of national technical regulations on library operations; direct domestic and overseas innovation and enrichment and sharing of scientific and technological information resources.
5. Other Ministries and ministerial-level agencies shall cooperate with the Ministry of Culture, Sports and Tourism in exercising state management of libraries ex officio.
Article 50. Responsibilities of People’s Committees at all levels for state management of libraries
1. People’s Committees at all levels shall exercise state management of local libraries; formulate, promulgate and implement policies, strategies and plans for development of local libraries and reading culture ex officio.
2. Responsibilities of provincial People’s Committees:
a) Promulgate intra vires incentive policies for investment in and development of provincial library networks to serve the needs of people within their provinces or propose such policies to competent authorities for promulgation;
b) Invest in provincial libraries; develop and strengthen provincial public library systems; encourage organizations and individuals to establish and maintain community libraries and private libraries open to the general public in their provinces; regulate receipt of publications published in their provinces by provincial libraries in compliance with regulations of laws;
c) Direct modernization of libraries, establish mechanisms for cooperation between libraries and regulatory bodies/organizations to promote libraries and reading culture in their provinces;
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1. This Law takes effect from July 01, 2020.
2. The Ordinance on Library No. 31/2000/PL-UBTVQH10 is annulled from the date on which this Law takes effect.
Article 52. Transitional clause
For libraries that were established or had their operation registered before the effective date of this Law, they may continue to operate without undergoing the operation notification procedures prescribed by this Law.
This Law was passed by the National Assembly of the Socialist Republic of Vietnam, 14th legislature, 8th session, on November 21, 2019.
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THE CHAIRWOMAN
OF THE NATIONAL ASSEMBLY
Nguyen Thi Kim Ngan
|
THE NATIONAL
ASSEMBLY |
SOCIALIST
REPUBLIC OF VIETNAM |
|
Law No. 46/2019/QH14 |
Hanoi, November 21, 2019 |
Pursuant to the Constitution of the Socialist Republic of Vietnam;
The National Assembly hereby promulgates the Library Law.
This Law provides for establishment and operations of libraries; rights, obligations and responsibilities of regulatory bodies, organizations and individuals concerning library operations; and state management of libraries.
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For the purposes of this Law, the terms below shall be construed as follows:
1. “library” means an institution of culture, information, education and science that develops, processes, stores, preserves and provides information resources for its users.
2. “digital library” means a library or a part of a library whose information resources are digitally processed and stored and available to library users via electronic devices and the cyberspace.
3. “information resources” means a collection of materials or data such as printed documents, handwritten documents, audiovisual materials, digital documents, microforms, including microfilms and microfiches, special documents for people with disabilities and other types of documents and data.
4. “open information resources” means information resources available to library users without any financial, legal or technical barrier.
5. “library utility” means a piece of equipment of service to users and library staff in collection, processing, storage, preservation and use of information resources and enhancement of the values of libraries.
6. “library service” means an activity provided by a library independently or in cooperation with another entity to serve the needs of library users.
7. “library cooperation” means cooperation between libraries to utilize information resources, library utilities, information resources processing results, library information products and library services.
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1. Develop, process, store, preserve, connect and enrich information resources as appropriate to the needs of library users.
2. Organize shared use of information resources, information products and library services; promote knowledge and cultural values of the country and humankind; support research, learning and recreation; and contribute to the formation and development of knowledge, skills, virtues and capacity of library users.
3. Apply scientific and technological advancements, and modernize libraries.
4. Promote reading culture and provide an environment for life-long learning, build a learning society, heighten people’s intellectual standards, and shape comprehensively capable Vietnamese citizens.
Article 5. State policies for library development
1. For public libraries, the State shall invest in the following areas:
a) Prioritize investment for the National Library of Vietnam, public libraries of provinces and central-affiliated cities (“provincial libraries”) and important libraries;
b) Modernization of libraries; development of digital libraries, shared information resources, and open information resources; and cooperation between domestic and foreign libraries;
c) Collection, preservation and enhancement of values of ancient and precious documents, and document collections of significance to history, culture and science;
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dd) Training and development of library staff;
e) Research and application of scientific and technological advancements in libraries.
2. The State shall support investment in the following areas:
a) Provision of public library services, and reading culture promotion;
b) Maintenance and development of community libraries and private libraries open to the general public without profitable aims;
c) Cost for transfer of library materials for political purpose or to border areas, islands and areas with socio-economic difficulties or exceptional socio-economic difficulties;
d) International library cooperation.
3. The State shall formulate incentive policies to encourage organizations and individuals to participate in the activities prescribed in Clauses 1 and 2 herein.
4. The Government shall provide for the important libraries mentioned in Point a Clause 1 herein, and the ancient and precious documents and document collections of significance to history, culture and science mentioned in Point c Clause 1 herein.
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1. Residential communities, organizations and individuals are encouraged to invest, sponsor and donate to libraries, reading culture, establishment and promotion of grassroots reading rooms and reading space.
2. Residential communities, organizations and individuals participating in library operations are entitled to preferential treatment as prescribed by law.
3. Residential communities, organizations and individuals that invest in library facilities and equipment; or sponsor or donate to the enhancement of libraries and reading culture shall be recognized and honored according to regulations of laws on emulation and rewards.
4. The Government shall provide for the grassroots reading rooms and reading space mentioned in clause 1 of this Article.
Article 7. Restricted information resources in libraries
1. Restricted information resources in libraries comprise:
a) Information resources containing contents whose widespread use may affect state interest, or legitimate rights and interest of regulatory bodies, organizations and individuals;
b) Information resources within the scope of state secrets, of restricted use, with conditional access or with limited access according to regulations of laws on state secrets protection, information access and archives;
c) Authentic copies of ancient and precious documents, and information resources being cultural heritage stored in libraries;
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2. The Minister of Culture, Sports and Tourism shall elaborate the restricted information resources in libraries prescribed in Point a Clause 1 herein; and stipulate rules for use of restricted information resources in libraries.
3. Regulatory bodies, organizations and individuals establishing libraries (“library founders”) shall take responsibility for compilation of lists of restricted information resources and use of restricted information resources in libraries.
1. Taking advantage of library operations to distort State guidelines, policies and legislation; to oppose the Socialist Republic of Vietnam; to separate the block of great national solidarity; to incite violence or hatred between ethnicities or religions; to propagate invasion war; to erode the good traditions and customs; to spread superstitious beliefs; or to attract library users to social evils.
2. Provision of information resources within the scope of state secrets, unless otherwise provided for by law.
3. Impeding access to and use of information resources of library users against regulations of laws.
4. Provision of information on library users, unless requested by competent authorities.
5. Appropriating, swapping, destroying or causing damage to information resources.
6. Unauthorized access to library information systems or library databases; modification, disruption or destruction of library information systems or library databases.
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1. Types of library:
a) National Library of Vietnam;
b) Public libraries;
c) Special libraries;
d) Libraries of Vietnam People’s Armed Force;
dd) Libraries of higher education institutions (“university libraries”);
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g) Community libraries and private libraries open to the general public;
h) Libraries of foreign organizations and individuals open to Vietnamese people.
2. Types of library ownership:
a) Public libraries, which have their investment and operating conditions ensured and ownership represented by the State, and are organized in the form of public service providers or as appropriate to the organizational model of their supervisory regulatory bodies or organizations;
b) Non-public libraries, which have their investment and operating conditions ensured by Vietnamese or foreign organizations, individuals or residential communities, and are organized in the form of enterprises or non-public service providers or another model.
Article 10. National Library of Vietnam
1. The National Library of Vietnam is the nucleus library of the whole country.
2. The National Library of Vietnam has the following functions and duties in addition to those prescribed in Article 4 of this Law:
a) Receive, preserve and permanently store publications and journalistic publications published in Vietnam as prescribed by law; doctoral theses of Vietnamese citizens defended domestically and overseas; and doctoral theses of foreigners defended in Vietnam;
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c) Develop the national bibliographic information system; take charge and cooperate with libraries of Ministries and regulatory bodies and other domestic libraries in formulating the Vietnam Master Catalogue; publish and share national bibliographic information and digital information resources per request, excluding the restricted information resources prescribed by this Law and laws on state secrets protection, information access and archives;
d) Conduct research on library and information science;
dd) Catalogue in a centralized manner; take charge and cooperate with libraries in establishing and developing databases of unabridged texts and digital libraries;
e) Cooperate and exchange information resources with domestic and foreign libraries; participate in library-related forums and socio-professional organizations according to regulations of laws;
g) Provide specialized guidance for libraries across the country as assigned and fulfill other duties given by the Minister of Culture, Sports and Tourism.
1. A public library is a library whose consolidated information resources are made accessible to people.
2. A provincial library is the nucleus library of a province or central-affiliated city. It has the following functions and duties in addition to those prescribed in Article 4 of this Law:
a) Collect ancient and precious documents; information resources regarding the tongues and writings of ethnic minorities; information resources of its province and information resources concerning the characteristics of its province;
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c) Support information retrieval and utilization and equip the skills for such activities for libraries users;
d) Arrange reading areas for children and people with disabilities;
dd) Take part in establishment of public libraries in districts and towns (“district-level libraries”) and public libraries in communes (“commune-level libraries”);
e) Provide mobile libraries, and transfer information resources and library utilities;
g) Organize exhibitions and other activities to promote reading culture;
h) Cooperate with domestic and foreign libraries;
i) Provide specialized guidance for libraries within its province as assigned and fulfill other duties given by competent authorities.
3. A district-level library has the following functions and duties in addition to those prescribed in Article 4 of this Law:
a) Receive information resources and library utilities from the provincial library;
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c) Support lifelong learning of people in its district;
d) Fulfill other duties assigned by competent authorities.
4. A commune-level library has the following functions and duties in addition to those prescribed in Article 4 of this Law:
a) Receive information resources and library utilities from the provincial library, district-level libraries and other legal sources;
b) Transfer information resources to community libraries and private libraries open to the general public in its commune;
c) Participate in promotion of reading culture and formation of reading habit of people in its commune;
d) Fulfill other duties assigned by competent authorities.
1. A special library is a library containing in-depth information resources of one particular discipline or more and serving officials, public employees and workers of its supervisory body or organization.
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2. A special library has the following functions and duties in addition to those prescribed in Article 4 of this Law:
a) Enrich information resources as appropriate to its discipline(s); receive, supplement and organize use of information resources obtained from scientific research and publications, documents used in conferences and seminars, survey and research reports of researchers and its supervisory body or organization, and specialized journals, schemes and projects of its supervisory body or organization;
b) Develop a database and digital library for grey literature of its discipline(s); supplement and acquire the right to access foreign specialized information resources;
c) Cooperate with domestic and foreign libraries;
d) Fulfill other duties assigned by its supervisory body or organization.
Article 13. Libraries of People’s Armed Force
1. A library of the People’s Armed Force is a library of an affiliate of the People’s Army or Public Security Force that possesses consolidated information resources of national defense and security and serves officials, soldiers and people in the locality, persons serving a sentence, and persons receiving education in correctional institutions.
2. A library of the People’s Armed Force has the following functions and duties in addition to those prescribed in Article 4 of this Law:
a) Enrich information resources as appropriate to its assigned tasks; receive, supplement and organize use of domestic and foreign information resources of national defense and security; documents used in conferences and seminars, survey and research reports, and specialized journals, schemes and projects of the People’s Armed Force as regulated;
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c) Cooperate with libraries in the same system, and share information resources with domestic and foreign libraries;
d) Fulfill other duties assigned by its supervisory body.
Article 14. University libraries
1. A university library is a library whose information resources serve learners and teachers of a higher education institution.
2. A university library has the following functions and duties in addition to those prescribed in Article 4 of this Law:
a) Enrich information resources as appropriate to the objectives, academic contents, programs and disciplines, scientific research and technological development of its higher education institution;
b) Receive, supplement and organize use of graduate papers, graduate projects, theses, dissertations and scientific research results of learners and lecturers in higher education institutions; formulate grey literature, educational resources databases and open educational resources;
c) Arrange reading space; give instructions on how to use library products and library utilities; refine information retrieval and utilization skills; consolidate and enrich knowledge of learners, teachers and managers;
d) Cooperate with domestic and foreign libraries;
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1. A library of an institution of preschool education, general education or vocational education or another educational institution is a library whose information resources serves learners and teachers of such educational institution.
2. The library of a preschool institution has the following functions and duties in addition to those prescribed in Article 4 of this Law:
a) Enrich information resources as appropriate to the age group and psychological characteristics of preschool children; and information/resources requirements from teachers, managers and educational programs of its institution;
b) Organize activities to familiarize preschool children with books and form reading habit in them; give instructions on how to use libraries, equip information retrieval and utilization skills for teachers and managers;
c) Fulfill other duties assigned by its institution.
3. The library of a general education institution has the following functions and duties in addition to those prescribed in Article 4 of this Law:
a) Enrich information resources as appropriate to learning and research activities of learners, teachers and managers, and to learning/teaching objectives, contents and curricula of each educational level or program;
b) Organize activities to encourage reading, form reading habit, and develop reading skill for learners; give instructions on how to use libraries, equip information retrieval and utilization skills for learners, teachers and managers;
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d) Fulfill other duties assigned by its institution.
4. The library of a vocational education institution or another educational institution has the following functions and duties in addition to those prescribed in Article 4 of this Law:
a) Enrich information resources as appropriate to learning and research activities of learners, teachers and managers, and to training objectives, contents and curricula of its institution;
b) Organize activities to encourage reading; give instructions on how to use libraries, equip information retrieval and utilization skills for learners, teachers and managers;
c) Fulfill other duties assigned by its institution.
Article 16. Community libraries and private libraries open to the general public
1. A community library is a library that possesses consolidated information resources and was established by a residential community at a commune-level cultural - sports center, community learning center, post office providing cultural services, cultural center, an apartment building or in a common space of the community.
2. A private library open to the general public is a financially independent library containing consolidated or specialized information resources and established by a Vietnamese organization or individual.
3. Community libraries and private libraries open to the general public have the following functions and duties in addition to those prescribed in Article 4 of this Law:
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b) Operate as declared with competent authorities;
c) Foster reading culture among people in their localities.
Article 17. Libraries of foreign organizations and individuals open to Vietnamese people
1. A library of a foreign organization or individual open to Vietnamese people is a financially independent library containing consolidated/specialized information resources, established by a foreign organization or individual in Vietnam and operated according to regulations of this Law and other relevant regulations of laws.
2. A library of a foreign organization or individual open to Vietnamese people has the following functions and duties in addition to those prescribed in Article 4 of this Law:
a) Operate as declared with competent authorities;
b) Promote reading culture.
Section 2. ESTABLISHMENT, MERGER, CONSOLIDATION, DIVISION AND DISSOLUTION OF LIBRARIES
Article 18. Library establishment conditions
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a) The library’s objectives and targeted groups of users are determined;
b) There are information resources suitable to the library’s functions, duties and targeted groups of users;
c) There are adequate facilities and equipment to operate the library;
d) Library staff is qualified for the library’s operations;
dd) The library’s legal representative has full legal capacity.
2. The Government shall elaborate Points a, b, c and d Clause 1 herein.
Article 19. Establishment of public libraries
1. Competence in and procedures for establishment of libraries being public service providers are specified by regulations of laws on public service providers.
2. Competence in and procedures for establishment of libraries besides those mentioned in Clause 1 herein are specified by regulations of laws that govern establishment of each library’s supervisory body.
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1. An organization/individual or a residential community has the right to establish a library if all the conditions prescribed in Clause 1 Article 18 of this Law and other relevant regulations of laws are satisfied.
2. For libraries established in the form of enterprises, such establishment shall abide by regulations in this Law, laws on enterprises and other relevant regulations of laws.
Article 21. Merger, consolidation, division and dissolution of libraries
1. Merger, consolidation, division or dissolution of a library must be carried out under a plan for conservation of information resources invested, sponsored and donated by the State, organizations and individuals.
2. A library founder has the right to decide merger, consolidation, division or dissolution of its library following the procedures prescribed by laws on public service providers, laws on enterprises, or laws governing the library’s supervisory body.
Article 22. Suspension and termination of library operations
1. A library will be suspended for a definite period in any of the following cases:
a) It violates any of the regulation prescribed in Clause 1 Article 8 of this Law;
b) It has incurred an administrative penalty related to library operations but persists with its violation.
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a) It decides to terminate its operations;
b) It is forced to terminate its operations due to lack of remedial measures upon end of the suspension period prescribed in Clause 1 of this Article.
3. Competence in suspension and termination of library operations:
a) Regulatory bodies, organizations and individuals with competence in library establishment have the right to terminate library operations for the case prescribed in Point a Clause 2 herein;
b) Competent organizations and individuals whose powers are prescribed by laws on handling of violations have the power to suspend library operations according to regulations of laws and have the right to terminate library operations for the case prescribed in Point b Clause 2 herein.
4. The decision on suspension or termination of operations of a library must include the reason for such suspension or termination and be posted at the library. The suspension decision must specify the suspension period. Within such period, if the library manages to remedy the violation stated in the suspension decision, the organization or individual with competence in suspending its operations has the power to decide resumption of its operations.
5. The Government shall elaborate procedures for suspension and termination of library operations.
Article 23. Notification of library establishment, merger, consolidation, division and dissolution
1. When a competent regulatory body, organization or individual establishes, merges, consolidates, divides, dissolves a library or terminates the operation of a library, it must notify the competent authorities prescribed in Clause 5 herein.
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a) A copy of the decision from the competent authority or written notice regarding establishment, merger, consolidation, division, dissolution or termination of operation of the library according to regulations of the Minister of Culture, Sports and Tourism;
b) Documents proving eligibility for establishment of public libraries, private libraries open to the general public and libraries of foreign organizations and individuals open to Vietnamese people prescribed in Clause 1 Article 18 of this Law.
3. Time limit for notification:
a) Within 30 days from the date on which the decision on establishment, merger, consolidation, division or dissolution of a public library or termination of operation thereof is promulgated;
b) 30 days prior to the date on which a non-public library begins its operations, undergoes merger, consolidation, division or dissolution, or has its operations terminated.
4. Within 15 days from the date of receipt of the valid dossier according to regulations in Clause 2 herein, the competent authority must reply in writing; if the dossier is rejected, a written explanation must be provided. Within 10 days from the date of receipt of the notification, if the notification dossier is lacking any content prescribed in Clause 2 herein, the competent authority shall request the regulatory body, organization or individual to supplement.
5. Competence in receipt of notification dossiers:
a) The Ministry of Culture, Sports and Tourism shall receive notification dossiers concerning special libraries at central level and provincial libraries;
b) Provincial People’s Committees shall receive notification dossiers concerning provincial special libraries, district-level libraries, university libraries and libraries of foreign organizations and individuals open to Vietnamese people located in their provinces;
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d) Commune-level People’s Committees shall receive notification dossiers concerning public libraries located in their communes.
Article 24. Rules for library operations
1. Employ the user-centered design; create an environment of friendliness and equality; ensure the rights to access and use libraries of organizations and individuals.
2. Information resources must be collected, processed, stored, preserved and disseminated in compliance with national technical regulations, national standards and relevant library standards.
3. Frequently innovate procedures, information products and library services on the basis of application of scientific and technological advancements.
4. Carry out library cooperation.
5. Comply with regulations of laws on intellectual property, science and technology, information technology, cyber security and other relevant regulations of laws.
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1. Development of information resources includes the tasks of enrichment and weeding of information resources.
2. Tasks of enrichment of information resources include:
a) Identify methods for collection of information resources and sources thereof as appropriate to functions, duties and targeted groups of users of the library; receive publications and journalistic publications according to regulations of publishing laws and press laws, and the functions and duties of libraries prescribed in this Law;
b) Supplement and purchase information resources and right to access digital information resources and databases;
c) Collect open information resources, private information resources and other valuable online information resources;
d) Cooperate in exchanging information resources between domestic and foreign libraries; cooperate in collection, sharing and use of shared databases or right to access digital information resources;
dd) Convert and digitalize information resources for storing and research purposes as prescribed by laws on intellectual property and other relevant regulations of laws;
e) Receive information resources transferred, sponsored or donated by domestic and foreign organizations and individuals.
3. Information resources shall be weeded in accordance with regulations of the Minister of Culture, Sports and Tourism.
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1. Processing of information resources is regulated as follows:
a) After being added to a library, information resources must be processed according to professional procedures; information retrieval systems shall be developed for management, searching and use purposes;
b) Copy bibliographic records, utilize important information resources that have undergone processing to ensure accuracy, consistency and thriftiness.
2. Organization of information retrieval systems is regulated as follows:
a) Information retrieval systems shall display all information resources via catalogues and databases on web portals or websites of libraries;
b) Ensure safe storage of information resources processing results;
c) Ensure information retrieval systems are up-to-date and easy to use;
d) Ensure cooperation in information retrieval between libraries.
Article 27. Preservation of information resources
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a) All information resources in storage and/or of service to users must be preserved;
b) Ensure information safety to support management, retrieval and use;
c) Back up, restore or convert forms of resources as suitable to library's capacity;
d) Digital information resources must be backed up periodically and equipped with data recovery mechanisms when necessary; and must be preserved as suitable to the data format;
dd) Information resources being cultural heritage and information resources included in state secrets lists must be preserved according to regulations of laws on cultural heritage, archives and state secrets protection.
2. The Minister of Culture, Sports and Tourism shall elaborate this Article.
Article 28. Development and provision of library information products and library services
1. Development and provision of library information products and library services are regulated as follows:
a) Ensure library information products and library services are developed and provided in a scientific, modern and effective manner, suitable to the functions and duties of libraries and needs of library users;
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2. Library information products consist of:
a) Information retrieval systems, databases of catalogues, information and unabridged texts;
b) Specialized catalogues and information;
c) Web portals and websites;
d) Other library information products developed during processing of information resources of libraries.
3. Library services include:
a) Provision of information resources inside and outside of libraries, including mobile libraries, or in the cyberspace, and transfer of information resources;
b) Provision of information on catalogues and information assistance;
c) Provision of consultancy and training regarding library operations and learning/research assistance to organizations and individuals;
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dd) Assistance with digital library utilities;
e) Other library services.
Article 29. Library cooperation
1. Library cooperation shall focus on:
a) Cooperation in procurement and collection of shared information resources and cooperation in formulation of union catalogues;
b) Sharing information resources between libraries; sharing results of processing of information resources and library information products;
c) Cooperation in provision of library services for library users.
2. Forms of library cooperation:
a) Location-based cooperation;
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c) Cooperation based on subjects covered by information resources or contents thereof;
d) Cooperation between different types of library.
3. Library cooperation mechanism:
a) Libraries for which investment is prioritized by the State shall act as the core of development, sharing and use of shared information resources between libraries;
b) Cooperate in acquisition of the rights to access and share foreign information resources, and utilize state and private funding;
c) Information resources funded by the state budget must be shared between libraries.
4. The Government shall elaborate this Article.
Article 30. Promotion of reading culture
1. The 21st of April is Vietnamese Book and Reading Culture Day.
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a) Foster reading habit in families, schools, regulatory bodies and organizations throughout the country;
b) Provide guidance on methods and skills in reading and using information resources for children in libraries of preschool institutions and general education institutions;
c) Develop information retrieval and utilization skills, and enrich knowledge of library users;
d) Boost cooperation between public libraries and other libraries in the same locality; access to and utilization of information and knowledge from shared digital libraries via electronic devices; use of mobile libraries and transfer of information resources.
Article 31. Development of digital libraries
1. Develop digital information resources on the basis of collection of digital resources and digitalization of library’s resources.
2. Digital information resources must be processed, stored and preserved according to technical regulations and standards for information technology and library operations.
3. Employ advanced software in digital library management and smart interface design; ensure openness and cooperation in data retrieval and utilization and conversion between data storage systems; assist with granting access and usage right to digital information resources to library users.
4. Grant access to information resources in digital format and other formats.
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1. Build modern technical infrastructure to ensure deployment and operation of digital libraries and library automation.
2. Deploy open access reading rooms and systems for automatic resources provision; self checkout and self check-in systems; advanced library security and surveillance systems; creative spaces for library users; and zones for children and people with disabilities.
3. Conduct research and apply artificial intelligence, Internet of Things, open access, cloud computing, big data systems and other scientific and technological advancements following global trends in library operations.
4. Establish state-of-the-art library information networks to connect domestic and foreign libraries.
5. Create and provide modern library services and information products to serve library users; establish databases, develop and utilize digital libraries; deploy websites, web portals and library services in the cyberspace.
Article 33. Communication concerning libraries
1. Libraries shall establish communication for the following contents:
a) Information resources;
b) Library information products and library services;
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d) Library workforce;
dd) Other contents pertaining to libraries and suitable to regulations of laws.
2. Forms of communication include:
a) Exhibitions to introduce books, library information products and library services; exchanges, seminars, conferences, presentations; cultural and educational events related to libraries;
b) Cultivation of public relations and library image;
c) Other forms in compliance with the law.
Article 34. Cooperation between libraries and regulatory bodies and organizations
1. Libraries shall cooperate with regulatory bodies and organizations in the following activities:
a) Preservation of information resources and databases;
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c) Provision of library services for library users and the general public.
2. Libraries shall cooperate with regulatory bodies and organizations related to science and technology information and archives to ensure effective use and preservation of information resources and data banks of the State; and with other regulatory bodies, organizations and enterprises according to cooperation programs, contracts and regulations of laws.
3. Libraries shall cooperate with regulatory bodies and organizations related to culture and tourism and other regulatory bodies and organizations to diversify library services and provision thereof.
Libraries are funded by:
1. State budget.
2. Income from library services.
3. Sponsorship and donation from domestic and international organizations and individuals according to regulations of laws.
4. Other legal funding sources.
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1. Develop and deploy international cooperation programs, schemes and projects.
2. Participate in professional forums, organizations and associations, and cooperate with domestic and foreign libraries.
3. Formulate, implement and disseminate laws and international practices on libraries.
4. Conduct scientific research, exchange information resources and experience, and train the workforce; apply and transfer technologies; promote library operations and enable foreign organizations and individuals to join and support library operations.
5. Carry out other international cooperation activities in compliance with regulations of laws.
Article 37. Evaluation of library operations
1. All libraries shall have their library operations evaluated for the purposes of state management of libraries and enhancement of library operations.
2. Rules for evaluation of library operations:
a) Impartiality, precision and compliance with regulations of laws;
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c) On an annual basis.
3. Criteria, methods and procedures for evaluation of library operations are regulated by national standards.
4. Evaluation of the operations of a library comprises:
a) A self-evaluation by the library;
b) An evaluation by the library founder;
c) An evaluation by a library authority.
5. The Minister of Culture, Sports and Tourism shall elaborate this Article.
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Article 38. Rights of libraries
1. Determine their operational contents and forms as appropriate to their functions and duties.
2. Exchange information resources and join domestic and foreign library information systems according to regulations of laws.
3. Reject requests for information resources that are against regulations of laws or library regulations.
4. Charge library services in accordance with regulations of laws
5. Conduct research, apply scientific and technological advancements, and establish technical infrastructure meeting library modernization requirements.
6. Attract and receive sponsorship and donation to libraries as prescribed by law
7. Expand targeted groups of users in compliance with regulations of laws and library regulations.
8. Carry out international library cooperation.
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10. The National Library of Vietnam, special libraries of Ministries, ministerial-level agencies, Governmental agencies, Office of the National Assembly, Supreme People’s Courts and Supreme People’s Procuracies and provincial libraries may store the information resources prescribed in Point a Clause 1 Article 7 of this Law for research purpose.
Article 39. Responsibilities of libraries
1. Ensure exercise of right to access information and to use library services prescribed in this Law, other relevant regulations of laws and library regulations.
2. Use library resources effectively.
3. Organize specialized library activities according to regulations in this Law and other ex officio activities.
4. Provide library services; schedule operating time as appropriate to living, working and learning conditions of library users.
5. Announce library regulations and provide library guides.
6. Exercise transparency regarding information resources and library activities.
7. Submit reports on an annual basis and upon request.
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Article 40. Rights of library staff
Library staff holds the right to:
1. Learn, and have their professional qualification, knowledge on library management and skills in using modern equipment and techniques applied to library operations enhanced.
2. Participate in scientific research and professional activities; and join socio-professional organizations for libraries.
3. Enjoy remuneration and professional incentive policies according to regulations of laws.
Article 41. Obligations of library staff
1. Comply with regulations of laws on libraries and other relevant regulations of laws, regulations on professional qualification and workplace regulations.
2. Enable library users to access and use information resources and library utilities; ensure equality rights and other rights of library users prescribed in this Law.
3. Support information retrieval and utilization and equip the skills for such activities for libraries users.
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5. Follow code of professional conduct for libraries.
Article 42. Rights of library users
Library users hold the right to:
1. Use libraries, access and use information resources and library utilities according to library regulations, laws on intellectual property and state secrets protection, and other relevant regulations of laws.
2. Be exempted from fees and charges for the following activities in public libraries:
a) Using information resources inside the libraries and borrowing resources within the period prescribed by library regulations;
b) Searching information in the cyberspace; receiving information about information resources via information retrieval systems or other means of information receipt;
c) Receiving help or advice on retrieval and selection of information resources suitable to their needs;
d) Other activities as regulated.
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4. Receive instructions on how to use libraries, receive assistance in retrieving and utilizing information, and be equipped with information retrieval and utilization skills.
5. Participate in activities for library users organized by libraries.
6. Choose libraries suitable to their needs.
7. Complain and denounce acts of obstruction of access to libraries.
Article 43. Obligations of library users
1. Comply with regulations of laws and library regulations.
2. Fully pay for library card issuance and library services as regulated.
3. Preserve information resources and other property of libraries.
4. Compensate as regulated.
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1. Ethnic minorities shall be enabled to use information resources in their tongues and writings as appropriate to capacity of libraries.
2. For elderly library users or library users with disabilities who are unable to visit libraries, they shall be enabled to use information resources at home by post or via mobile libraries or cyberspace if their requests are within capacity of the libraries.
3. People with vision impairment or hearing loss have the right to use information resources according to regulations in Clause 2 herein and shall be enabled to use Braille resources, audiovisual materials, sign language resources or other special resources.
4. Children shall be enabled to use information resources appropriate to their age and educational level in libraries of educational institutions and public libraries.
5. Children, the elderly, war invalids, people with disabilities, and members of poor or near-poor households shall be issued with library cards free of charge.
6. Persons serving a sentence in detention facilities, correctional institutions or rehabilitation centers shall be enabled to use information resources in libraries in such facilities.
Article 2. RESPONSIBILITIES OF RELEVANT REGULATORY BODIES, ORGANIZATIONS AND INDIVIDUALS
Article 45. Responsibilities of library founders
1. Ensure facilities, techniques, funding and workforce for library operations and development as prescribed by laws.
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3. Promulgate regulations on organizational structure and operations of libraries according to regulations of laws.
4. Implement professional incentive policies for library staff.
5. Encourage organizations and individuals to contribute their learning/teaching resources, references, graduate papers, graduate projects, theses, dissertations and scientific research results to libraries of educational institutions and libraries of their workplaces, educational institutions or research institutions.
6. Request state agencies and local governments to provide materials and publications they published to libraries free of charge.
7. Formulate plans for transfer of information resources and library utilities according to regulations of laws on management and use of public property in case of merger, consolidation, division, dissolution or termination of operation of public libraries.
8. Promptly inspect, detect and handle violations against regulations on library operations as prescribed by law.
9. Notify the competent authorities prescribed in Article 23 of this Law of establishment, merger, consolidation, division, dissolution and termination of operation of a library.
10. Ensure requirements in terms of fire prevention and fire fighting; environmental protection and natural disaster prevention according to regulations of laws.
11. Ensure enrichment of information resources in libraries of educational institutions; connect library operations with educational programs of educational institutions as suitable; appoint heads of libraries and library staff who are qualified for library operations.
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Article 46. Responsibilities of regulatory bodies, organizations and individuals managing libraries
1. Develop and launch plans for library operations, enrichment of information resources and promotion of reading culture.
2. Utilize investment in their libraries.
3. Enable library staff to receive further education and training to improve political qualification, professional qualification and knowledge.
4. Submit reports on library operations to library founders and competent authorities.
5. Organize library cooperation via suitable arrangements.
Article 47. Responsibilities of relevant regulatory bodies, organizations and individuals
1. Publishing authorities, publishing bodies and press authorities shall submit publications and journalistic publications to libraries according to regulations of publishing laws and press laws.
2. Vietnamese citizens defending their doctoral theses domestically or overseas; and foreign citizens defending their doctoral theses in Vietnam shall submit such theses to the National Library of Vietnam according to regulations in this Law and other relevant regulations of laws.
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4. Socio-professional organizations for libraries established and operating under laws on associations shall:
a) Participate in development of libraries;
b) Cooperate with competent authorities in disseminating regulations of laws, policies and scientific achievements concerning library science of Vietnam and other countries;
c) Advise on formulation of standards for libraries, quality of library services and promotion of reading culture;
d) Participate in development of code of professional conduct for libraries and encourage compliance therewith from their members.
RESPONSIBILITIES FOR STATE MANAGEMENT OF LIBRARIES
Article 48. Responsibilities of the Government for state management of libraries
1. The Government shall exercise unified state management of libraries.
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a) Promulgate or propose policies, legislative documents, strategies and plans for library development to competent authorities for promulgation and organize implementation thereof;
b) Promulgate or propose national standards and national technical regulations for library operations to competent authorities for promulgation; and promulgate code of professional conduct for libraries;
c) Direct library cooperation; direct library operations, library staff development, research on and application of science and technology in library operations;
d) Disseminate library laws;
dd) Develop activities to promote reading culture and provide guidance thereon;
e) Inspect, handle violations, and settle complaints and denunciations concerning library operations intra vires;
d) Carry out international library cooperation.
1. The Ministry of National Defense and Ministry of Public Security shall take charge and cooperate with the Ministry of Culture, Sports and Tourism in ex officio management of organization and operations of libraries of the People’s Armed Force.
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3. The Ministry of Information and Communications shall take charge and cooperate with the Ministry of Culture, Sports and Tourism and relevant state agencies in management of information systems and cyber security in library operations; and take charge in implementing legal deposit regulations.
4. The Ministry of Science and Technology shall take charge and cooperate with the Ministry of Culture, Sports and Tourism in appraisal and promulgation of national standards and appraisal of national technical regulations on library operations; direct domestic and overseas innovation and enrichment and sharing of scientific and technological information resources.
5. Other Ministries and ministerial-level agencies shall cooperate with the Ministry of Culture, Sports and Tourism in exercising state management of libraries ex officio.
Article 50. Responsibilities of People’s Committees at all levels for state management of libraries
1. People’s Committees at all levels shall exercise state management of local libraries; formulate, promulgate and implement policies, strategies and plans for development of local libraries and reading culture ex officio.
2. Responsibilities of provincial People’s Committees:
a) Promulgate intra vires incentive policies for investment in and development of provincial library networks to serve the needs of people within their provinces or propose such policies to competent authorities for promulgation;
b) Invest in provincial libraries; develop and strengthen provincial public library systems; encourage organizations and individuals to establish and maintain community libraries and private libraries open to the general public in their provinces; regulate receipt of publications published in their provinces by provincial libraries in compliance with regulations of laws;
c) Direct modernization of libraries, establish mechanisms for cooperation between libraries and regulatory bodies/organizations to promote libraries and reading culture in their provinces;
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1. This Law takes effect from July 01, 2020.
2. The Ordinance on Library No. 31/2000/PL-UBTVQH10 is annulled from the date on which this Law takes effect.
Article 52. Transitional clause
For libraries that were established or had their operation registered before the effective date of this Law, they may continue to operate without undergoing the operation notification procedures prescribed by this Law.
This Law was passed by the National Assembly of the Socialist Republic of Vietnam, 14th legislature, 8th session, on November 21, 2019.
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THE CHAIRWOMAN
OF THE NATIONAL ASSEMBLY
Nguyen Thi Kim Ngan
;
Law No. 46/2019/QH14 dated November 21, 2019 Library Law
| Số hiệu: | 46/2019/QH14 |
|---|---|
| Loại văn bản: | Luật |
| Nơi ban hành: | Quốc hội |
| Người ký: | Nguyễn Thị Kim Ngân |
| Ngày ban hành: | 21/11/2019 |
| Ngày hiệu lực: | Đã biết |
| Tình trạng: | Đã biết |
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Law No. 46/2019/QH14 dated November 21, 2019 Library Law
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