What do an individual do to hold a press conference?

What do an individual do to hold a press conference?
Posted date: 22/02/2021

I'm an unpopular singer. Recently I released a new song, so my manager wants to hold a press conference to publish this news. We want to know if an unpopular singer like me can hold a press conference. How should I do?

Sincerely thank you.

FDVN’s opinions:

Thank you for concerning FDVN’s legal services. Regarding your consulting requests, after studying the relevant legal documents, FDVN Law Firm would like to give you the following advice:

According to Clause 13, Article 1 of Decree No. 51/2002/ND-CP, "Press conference" means information-providing activities of organizations or individuals before representatives of the press bodies and journalists for the purpose of announcing, declaring, or explaining matters concerning the tasks or interests of such organizations or individuals.

[1]. Right to hold press conferences

In Clauses 1, 2, 3, Article 41 of the Law on Press 2016, there are provisions on press conferences as follows:

“Article 41. Press conference

1. The agencies, organizations, and citizens have the right to hold a press conference to announce, declare, explain or answer the contents pertaining to their duties, powers, or interests.

The press conference of the foreign representative agency or organization in Vietnam shall comply with the provisions in Clause 10, Article 56 of this Law.

2. The spokesman or the person in charge of providing information of the political organizations, National Assembly, Government, President of State; the agencies of political organizations, social-political organizations of the central government and provincial level; ministries, sectors, ministerial agencies, provincial People’s Council, People’s Committee based on their functions and duties, shall hold the periodical or irregular press conference to provide information for the press agencies.

3. The agencies and organizations not subject to the provisions in Clause 2 of this Article and the citizens have the right to hold a press conference to provide information for the press. The agencies, organizations, and citizens that hold a press conference must give a notice 24 hours in advance by the estimated time of press conference to the press state management agency as follows:

a) The agencies or organizations directly under the central government shall give notice to the Ministry of Information and Communications.

b) The agencies and organizations not specified under Point an of this Clause and the citizen shall give notice to the provincial People’s Committee where the press conference is held.

…”

Thus, the person who has the right to hold the press conference is:

- Vietnamese agencies, organizations and citizens have the right to hold press conferences;

- Foreign representative agencies, foreign organizations in Vietnam;

- Spokesperson or person in charge of providing information of political organizations, the National Assembly, the Government, the State President; agencies of political organizations, socio-political organizations at central and provincial levels; ministries, ministerial-level agencies; Provincial People's Councils and People's Committees according to their functions and duties.

Therefore, in your case, you can hold a press conference to announce, explain your duties and interests.

[2]. Procedures on holding press conferences

According to Clause 3, 4, 5, Article 41 of the Law on Press 2016, individuals holding press conferences must notify in writing to the state management agency on the press.

First, the content of the press conference announcement includes:

- Location of the press conference;

- Press conference time;

- Content of the press conference;

- The host of the press conference.

Second, the notice should be sent to the People's Committee of the province where the press conference is held.

Third, time for announcing and receiving the result:

- Citizens must give notice 24 hours in advance of the intended time of the press conference.

- The agency managing the press is responsible for responding to the notice in the period from the time the citizen sends the notice to the intended time of the press conference.

After receiving the notice, the press management agency shall consider and send a reply:

- In case the press management agency replies to the notice, the citizen must comply with the accepted content.

- In case the management agency does not respond to the notice, the citizen may conduct the press conference following the content notified to the press management agency.

Above is FDVN Law Firm's opinion for your consulting requests based on studying the relevant legal provisions. Hopefully, FDVN's advice would be helpful to you.

Nguyen Thi Thanh Thanh Tra - FDVN Law Firm


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