There is no such thing as a freelancer being given a press card.

That is the sharing of Lawyer Tran Minh Hung, Head of Family Law Office (Ho Chi Minh City Bar Association) when reading and re-reading the provisions in Article 35 of the Draft Press Law that is being consulted.

Previously, with the title, granting press cards to collaborators - how to hold 'no hair'? The People's Police Newspaper gave its opinion on the draft Press Law stating: "The draft Press Law (amended) stipulates that regular collaborators of provincial and district-level radio and television stations are also considered for granting press cards. This is causing many concerns because collaborators are not on the payroll or under contract of the press agency, giving them cards can easily be abused and then who can "hold the hair" to handle it?"

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

In some online forums of journalists, there were also votes expressing concerns about "Collaborators also being granted press cards", with opinions from many different perspectives. Some think it should be expanded, others think it should be more strictly managed for those who are granted press cards.

Journalism at work. Photo illustration from the Internet

The contributions and discussions show the spirit of concern and promoting democracy in collecting opinions on draft laws before submitting them to the National Assembly for approval. However, this debate shows that there is a misunderstanding and different understanding of a law in the draft.

Speaking to Infonet reporter, Lawyer Tran Minh Hung said: "These controversies stem from confusion when reading clause 7, article 35 of the latest draft of the Press Law."

Article 35, Clause 7 clearly states: “Those who perform information content work at district-level radio and television stations and equivalent have worked continuously for 03 years or more up to the time of card issuance consideration and have participated in social insurance (except for other cases as prescribed by law); are regular collaborators of provincial and centrally-run radio and television stations with at least 12 press works that have been broadcast on provincial and centrally-run radio and television stations within 01 year up to the time of card issuance consideration and are proposed by district-level radio and television stations, provincial and centrally-run radio and television stations to be granted a journalist card”.

According to lawyer Hung, there is no subject who is granted a card as a collaborator of a district-level radio or television station or equivalent, but must have worked (and participated in social insurance) continuously for 3 years or more. After the ";" mark, it is still the same subject but there are 2 conditions (more precisely, 3 conditions are needed). The first condition is to have worked and paid social insurance for 3 years or more at a district-level radio or television station. The second condition is to have enough time to collaborate and have works collaborating with a provincial or centrally-run radio or television station to be considered. The third condition is to be proposed for a journalist card by a district-level radio or television station, a provincial or centrally-run radio or television station, or a centrally-run city.

On the other hand, looking at the counter-argument, if this provision stipulates that there are two separate subjects, those working at district radio and television stations and those who are collaborators at provincial radio and television stations, it will lead to a contradiction in the conditions for issuing cards. Provincial and central newspaper journalists must have worked continuously for 3 years at an agency, but if the provision is only for collaborators, it will completely break the structure of the law as well as contradict the general conditions.

Lawyer Hung also commented that, in this way, it can be said that Clause 7, Article 35 of the Draft Law on the Revised Press does not stipulate that press agency collaborators who do not meet the above conditions are granted press cards. However, these misunderstandings probably stem from the ";" symbol, leading to a lack of clarity about "one subject, many conditions" or "many subjects".

Therefore, to refer to the same subject to avoid misunderstandings and different interpretations of the same law, the drafter should replace the ";" with the word "at the same time".

Article 35. Subjects eligible for press card issuance

1. General Director, Deputy General Director, Director, Deputy Director, Editor-in-Chief, Deputy Editor-in-Chief of press agencies and news agencies.

2. Head of press department (office), deputy head of press department (office) of press agencies and news agencies.

3. Reporters and editors of press agencies and news agencies.

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

5. Those who directly perform state management work on the press at state management agencies on the press who participate in press activities and meet the conditions and standards prescribed in Clause 2, Article 36 of this Law.

6. Journalism lecturers at public universities who participate in journalism activities and meet the conditions and standards prescribed in Clause 2, Article 36 of this Law.

7. Those who perform information content work at district-level radio and television stations and equivalent have worked continuously for 03 years or more up to the time of card issuance consideration and have participated in social insurance (except for other cases as prescribed by law); are regular collaborators of provincial and centrally-run city radio and television stations with at least 12 press works that have been broadcast on provincial and centrally-run city radio and television stations within 01 year up to the time of card issuance consideration and are proposed by district-level radio and television stations, provincial and centrally-run city radio and television stations to be granted a journalist card.

8. Those who have been granted a press card but are transferred to another job and continue to have press works used, confirmed by the press agency, will be considered for a press card in the following specific cases:

a) Being assigned to work in non-journalistic departments of the press agency;

b) Be transferred to teach journalism at public universities;

c) Be transferred to work as a full-time officer at journalists' associations at all levels.

Article 36. Conditions and criteria for being considered for a press card

1. People working at press agencies specified in Clauses 1, 2, 3 and 4, Article 35 of this Law who are considered for a press card must ensure the following conditions and standards:

a) University graduate; in case of ethnic minorities who are producing printed press publications, radio and television programs, and electronic press pages in ethnic minority languages, they must have a college degree or higher;

b) Have continuously worked at the press agency requesting the card for 03 years or more up to the time of card issuance consideration and have participated in social insurance (except for other cases as prescribed by law);

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

d) Not violating regulations on ethics and journalism profession; not being disciplined from reprimand or higher according to regulations of law on civil servants, public employees and labor law within 12 months from the time of card issuance;

d) The press agency, press management agency, department of information and communication (for press in provinces and centrally-run cities) and the same-level journalists' association (if any) agree to request the issuance of a press card.

2. Persons directly involved in state management of journalism and lecturers majoring in journalism at public universities specified in Clause 5 and Clause 6, Article 35 of this Law who are considered for a press card must ensure the following conditions and standards:

a) Have continuously worked in the state management agency of the press for 03 years or more up to the time of card issuance;

b) Lecturers who have taught journalism at public universities for 5 years or more by the time of card issuance;

c) Not being disciplined from reprimand or higher according to the provisions of the law on civil servants, public employees and labor law within 12 months from the time of card issuance;

d) Requested by the direct management agency to issue a press card.

3. The cases specified in Clause 7, Article 35 of this Law that are considered for granting a Press Card must ensure the conditions and standards specified in Point a, Point d and Point dd, Clause 1 of this Article.

4. The following cases are not considered for a press card:

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

b) Being a related subject in cases that have not yet been concluded by a competent state agency;

c) The Ministry of Information and Communications issues a decision to revoke the press card due to violation of legal provisions, and the card revocation period has not exceeded 12 months from the date of decision to the date of card issuance.

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

According to Infonet