It is not the case that freelance contributors are also granted press cards.

This was the opinion shared by Lawyer Tran Minh Hung, Head of Gia Dinh Law Office (Ho Chi Minh City Bar Association), after repeatedly reading the provisions in Article 35 of the draft Press Law currently under review.

Previously, under the headline, "Issuing press cards to collaborators - how to hold them accountable when they have no 'hair'?", the People's Police Newspaper offered its opinion on the draft Law on the Press, stating: "The draft Law on the Press (amended) stipulates that regular collaborators of provincial and district-level radio and television stations are also eligible for press cards. This is causing much concern because collaborators are not on the payroll or under contract with the press agency, and giving them cards could easily lead to abuse and wrongdoing. In that case, who will be held accountable?"

The article cites, "Article 36 (actually 35 - PV) stipulates 8 cases for granting journalist cards. In our opinion, such a regulation of 8 cases is too broad, especially point 7 of Article 36 which stipulates that regular collaborators of provincial and district-level radio and television stations are also eligible for journalist cards. This regulation is too broad because the number of collaborators of provincial and district-level radio and television stations is very large; people working in communes and villages, or working inside or outside state agencies, can all be regular collaborators of district and provincial radio and television stations. If journalist cards are granted to these people, the number of cards will increase significantly."

Several online forums for journalists have also featured polls expressing concerns about the issue of "allowing freelance journalists to also be granted press cards," with differing opinions. Some believe the scope should be expanded, while others argue for stricter regulations on who is eligible to receive press cards.

Journalists at work. (Image for illustration purposes only.)

The contributions and discussions demonstrate a spirit of concern and the promotion of democracy in gathering opinions on draft laws before submitting them to the National Assembly for approval. However, this debate reveals a misunderstanding or differing interpretation of a particular provision in the draft law.

Speaking to Infonet reporters, lawyer Tran Minh Hung stated: "These controversies stem from a misunderstanding when reading Clause 7, Article 35 of the latest draft of the Press Law."

Clause 7 of Article 35 clearly states: “Individuals performing information content work at district-level and equivalent radio and television stations who have worked continuously for at least 3 years up to the time of card issuance and have participated in social insurance (except for other cases as prescribed by law); are regular collaborators of provincial and centrally-administered city radio and television stations with at least 12 journalistic works broadcast on provincial and centrally-administered city radio and television stations in the year up to the time of card issuance and are recommended for journalist cards by district-level radio and television stations or provincial and centrally-administered city radio and television stations.”

According to lawyer Hung, there is no category of individuals eligible for a journalist's card who are collaborators of district-level radio and television stations; they must have worked (and contributed to social insurance) continuously for 3 years or more. Even after the semicolon, the same category is still considered, but there are two conditions (more accurately, three conditions). The first condition is working and contributing to social insurance for 3 years or more at a district-level radio and television station. The second condition is having sufficient time and collaborative works with provincial or centrally-administered city radio and television stations to be considered. The third condition is that the district-level radio and television station or the provincial or centrally-administered city radio and television station must recommend the issuance of the journalist's card.

On the other hand, from a counter-argument perspective, if this regulation specifies two separate categories of individuals—those working at district-level radio and television stations and those who are collaborators at provincial-level radio and television stations—it would lead to a contradiction regarding the conditions for issuing press cards. Journalists working for provincial and central-level newspapers must have worked continuously at one agency for three years. If the regulation only applies to collaborators, it would completely disrupt the legal structure and contradict the general requirements.

Lawyer Hung also commented that, in essence, Clause 7, Article 35 of the Draft Amended Press Law does not stipulate that collaborators of press agencies who do not meet the aforementioned conditions are granted journalist cards. However, these misunderstandings likely stem from the semicolon “;”, leading to ambiguity regarding “one subject, multiple conditions” or “multiple subjects”.

Therefore, to avoid misunderstandings and differing interpretations of the same law, the drafters should replace the semicolon with the word "simultaneously".

Article 35. Eligibility for journalist card issuance

1. General directors, deputy general directors, directors, deputy directors, editors-in-chief, and deputy editors-in-chief of press and news agencies.

2. Heads and deputy heads of press and media departments of press and news agencies.

3. Reporters and editors of press and news agencies.

4. Cameramen and directors of radio and television programs (excluding feature films) of units licensed to operate in the fields of radio, television, and documentary film production by the State.

5. Individuals directly involved in state management of the press at state management agencies for the press who participate in journalistic activities and meet the conditions and standards prescribed in Clause 2, Article 36 of this Law.

6. Lecturers specializing in journalism at public universities who participate in journalistic activities and meet the qualifications and standards prescribed in Clause 2, Article 36 of this Law.

7. Individuals working in information content at district-level and equivalent radio and television stations with at least 3 years of continuous service up to the time of card issuance and who have participated in social insurance (except for other cases as prescribed by law); who are regular collaborators of provincial and centrally-administered city radio and television stations with at least 12 journalistic works broadcast on provincial and centrally-administered city radio and television stations in the year up to the time of card issuance and who have been recommended for journalist cards by district-level or provincial/central-administered city radio and television stations.

8. Individuals who have been issued a journalist's card but are transferred to other jobs may continue to have their journalistic works used and confirmed by the media agency, and may be considered for a new journalist's card in the following specific cases:

a) Being assigned to work in departments (divisions) within a media organization that are not related to journalism;

b) To be transferred to teach journalism at public universities;

c) Transferred to work as a full-time staff member at journalists' associations at all levels.

Article 36. Conditions and criteria for granting journalist cards.

1. Individuals working at press agencies as stipulated in Clauses 1, 2, 3, and 4 of Article 35 of this Law, who are considered for the issuance of a journalist's card, must meet the following conditions and standards:

a) University graduate; in the case of ethnic minority individuals producing print publications, radio and television programs, or online news sites in ethnic minority languages, they must have a college degree or higher;

b) Having worked continuously at the media agency applying for the card for 3 years or more up to the time of card issuance and having participated in social insurance contributions (except for other cases as prescribed by law);

c) Complete the professional and technical tasks assigned by the press agency;

d) Not violating regulations on ethical conduct and journalistic professionalism; not having been subjected to disciplinary action ranging from reprimand upwards according to the laws on civil servants and public employees and labor laws within the 12 months prior to the card issuance date;

d) The request for a journalist's card must be unanimously submitted by the press agency, the press agency's governing body, the Department of Information and Communications (for press agencies in provinces and centrally-administered cities), and the corresponding journalists' association (if any).

2. Individuals directly involved in state management of the press, and lecturers specializing in journalism at public universities as stipulated in Clauses 5 and 6 of Article 35 of this Law, who are considered for the issuance of journalist cards, must meet the following conditions and standards:

a) Having worked continuously as a permanent employee in a state agency managing the press for 3 years or more up to the time of applying for the card;

b) Lecturers who have taught journalism at public universities for five years or more up to the time of application for the card;

c) Not having been subjected to disciplinary action ranging from reprimand upwards, as stipulated by the law on civil servants and public employees and the law on labor, within the 12 months prior to the card issuance consideration;

d) The applicant is recommended for a journalist's card by the agency directly in charge.

3. Cases stipulated in Clause 7, Article 35 of this Law that are considered for the issuance of a Journalist Card must meet the conditions and standards specified in points a, d, and e of Clause 1 of this Article.

4. The following cases are not eligible for a journalist's card:

a) Not falling under the categories specified in Article 35 of this Law;

b) Being a party involved in cases that have not yet been concluded by competent state authorities;

c) Having their journalist's card revoked by the Ministry of Information and Communications due to violations of legal regulations, and the revocation period has not exceeded 12 months from the date of the decision to the time of card issuance.

(Excerpt from the latest draft of the revised Press Law)

According to Infonet