Printing books and documents for internal use is a common practice among many agencies and businesses. However, not everyone understands whether permission is required for internal circulation, and whether there are penalties for not obtaining permission. This article will specifically analyze current legal regulations to help you avoid legal risks during the process of distributing internal documents.
What is an internal circulation book?
Currently, publishing law does not provide a specific definition of “internal circulation book.” However, in practice, an internal circulation book can be understood as a publication compiled and distributed within the internal scope of an agency, organization, or business, not intended for commercial purposes, not distributed to the market, and not serving the general public.
Some common examples:
- Business manuals, internal training materials
- Internal training materials of enterprises and organizations
- Conference and seminar proceedings circulated within the unit
- Research documents, technical guides for internal use
Because of their “not widely distributed” nature, many units believe that books for internal circulation do not require publishing permission. However, this view is not always correct.
Is publishing permission required for books for internal circulation?
This is a question that causes much confusion, as many agencies and businesses believe that internal distribution does not require publishing permission. However, this view is not entirely correct according to current publishing law regulations.
According to Clause 1, Article 2 of the 2012 Publishing Law, publishing is understood as: “The organization of editing, printing, and distributing works and documents to the public through a publishing house or licensed agency or organization.”
At the same time, Clause 2, Article 4 of the 2012 Publishing Law clearly stipulates: “Only publishing houses are allowed to carry out publishing activities.”
Thus, the law does not base its classification on the purpose of circulation (internal or commercial), but on the form and act of publishing, including: editing – printing – distribution.
Therefore, if a document takes the form of a book, is printed and distributed to many people, even if only internally, it is still considered a publication and falls within the scope of the Publishing Law.
According to Clause 4, Article 4 of the 2012 Publishing Law, publications include: “Printed books, e-books, paintings, photographs, maps, posters, leaflets, and other publications published through publishing houses.”
The law does not exclude publications “for internal circulation only” from the concept of publications. Therefore, internally circulated books are still books, and books are still publications. Publications must be legally licensed before publication. Limiting the readership (only staff, employees, members, etc.) does not change the legal nature of the publishing activity.
How to identify internally circulated books
In practice, internally circulated books must obtain publishing permission when they have one or more of the following characteristics:
- Complete book title, author, and layout
- Printed as a complete book, bound, with a clear cover
- Printed in a specific quantity, not for temporary use
- Distributed to multiple departments and subordinate units
- Content is educational, research-oriented, or provides professional or legal guidance
In these cases, the compiling unit cannot independently print and distribute the books, but must collaborate with a publisher and follow the procedures for obtaining a publishing decision as prescribed. The note “Internal Circulation Document” on the book cover does not replace a publishing license.
Violations for publishing internal circulation books without permission
According to Decree 119/2020/ND-CP on administrative penalties in press and publishing activities, the act of printing and distributing publications without a publishing decision may be subject to:
- Fines: Organizations and individuals who print or distribute internal circulation books without a publishing decision may be subject to administrative fines. The specific fine will depend on: the nature and extent of the violation; the number of books printed and distributed; and the consequences arising from the violation.
- Forced recall and destruction of all books: This means that all previous costs of compilation, printing, and distribution will not be recognized; the books cannot be used further, even internally; the violating unit must bear all destruction costs.
- Compulsory repayment of illegal revenue (if any): In cases where internally circulated books generate revenue, even if it is not considered official business activity (e.g., fees for materials, training fees, or supplementary sales of textbooks), the infringing organization may also be compelled to repay all illegal revenue obtained from the unauthorized printing and distribution of the books.
The above article, “Is it necessary to obtain permission to publish books for internal circulation?”, aims to clarify the legal regulations related to the printing and distribution of internal books. We hope that businesses and individuals will gain a correct understanding and choose appropriate options to ensure compliance with the law and safety during the use and distribution of internal documents.
Sincerely,
FAQ
Only temporary documents such as administrative documents, photocopied materials for meetings, short-term training, and those not printed as complete books, do not require permission to publish.
Yes. Copyright arises automatically when a work is created and expressed in a physical form, regardless of whether the book is published publicly or only for internal circulation.