Circular No. 15/2010/TT-BTTTT dated July 01, 2010 of the Ministry of Information and Communications on conditions and procedures for broadcasting local public television channels via satellite

CIRCULAR

ON CONDITIONS AND PROCEDURES FOR BROADCASTING LOCAL PUBLIC TELEVISION CHANNELS VIA SATELLITE

THE MINISTER OF INFORMATION AND COMMUNICATIONS

Pursuant to the December 28, 1989 Press Law and the June 12, 1999 Law Amending and Supplementing a Number of Articles of the Press Law;

Pursuant to the Government's Decree No. 51/ 2002/ND-CP of April 26, 2002, detailing the Press Law and the Law Amending and Supplementing a Number of Articles of the Press Law;

Pursuant to the Government's Decree No. 187/2007/ND-CP of December 25, 2007, defining the functions, tasks, powers and organizational structure, of the Ministry of Information and Communications;

At the proposal of the General Director of the Authority of Broadcasting and Electronic Information,

STIPULATES:

Article 1. Scope of regulation

This Circular provides conditions and procedures for broadcasting via satellite public-television channels of television and radio-television stations of provinces and centrally run cities.

Article 2. Subjects of application

This Circular applies to television and radio-television stations of provinces and centrally run cities (below referred to as local radio and television stations) and providers of public satellite television broadcasting services in Vietnam.

Article 3. Interpretation of terms

1. Satellite television broadcasting means broadcasting directly via satellite public-television channels for free use by the public without taking technical measures to manage, control or condition the reception of satellite television signals.

2. Public television channels of local radio and television stations (below referred to as local television channels) means television channels performing local political information and propaganda tasks.

Local television channels include television programs.

Article 4. Conditions for broadcasting a local television channel via satellite

1. Broadcasting time

a/ The total time for broadcasting a local television channel is at least 15 hours/day.

b/ The total time for broadcasting foreign movies daily from 20 hours to the end of 21 hours on a local television channel must not exceed 7 hours/week.

2. Contents of a local television channel

a/ To adhere to the guidelines and objectives stated in the television or radio-television operation license.

b/ The time of programs produced by the local television or radio-television station accounts for at least 40% of the total daily broadcasting time of the channel.

c/ Programs produced by the local television or radio-television station meet requirements of providing and disseminating information on political, economic and social tasks of the locality.

3. Finance, technology

a/ To ensure financial sources for broadcasting the local television channel via satellite.

b/ To have appropriate and feasible technical solutions to broadcasting the local television channel via satellite under the law on television transmission and broadcasting.

Article 5. Licensing procedures for broadcasting local television channels via satellite

1. Local radio and television stations wishing to broadcast their television channels via satellite shall carry out procedures to apply for a license granted by the Ministry of Information and Communications.

2. An application dossier comprises:

a/ A plan on broadcasting the local television channel via satellite, clearly stating:

- Guidelines and objectives of the television channel:

- The channel's broadcasting time;

- The channel's broadcasting framework:

- Capacity to produce programs meeting requirements on broadcasting time and contents under Article 4 of this Circular, plan to ensure quality and broadcasting time of programs produced by the station to meet requirements of providing, and disseminating information on political, economic and social tasks of the locality.

Complete, clear and feasible technical and financial plans for broadcasting the local television channel via satellite.

b/ The provincial-level People's Committee's decision to approve the plan on broadcasting the local television channel via satellite.

c/ A copy of the television or radio-television operation license.

A dossier shall be made in 2 sets (1 of originals and 1 of copies.) and sent to the Ministry of Information and Communications.

3. Within 30 days after receiving a valid dossier, the Ministry of Information and Communications shall consider it and grant a license for broadcasting a local television, channel via satellite.

A license for broadcasting a local television channel via satellite is valid for 5 years from the date of its signing provided the television or radio-television operation license of the local radio or television station is still valid.

When refusing to grant a license, the Ministry of Information and Communications shall issue a reply clearly stating the reason.

4. Any changes in the contents of a license must be proposed to the Ministry of Information and Communications according to procedures for granting a modified license.

Procedures of application for a modified license for broadcasting a local television channel via satellite are the same as for a new one.

Article 6. Implementation responsibilities

1. Local radio and television stations may broadcast their television channels via satellite only after obtaining a license from the Ministry of Information and Communications.

2. Public satellite television broadcasting service providers shall check legal conditions before signing a service provision contract and may only provide their services for local radio and television stations after obtaining a license from the Ministry of Information and Communications.

Article 7. Effect

1. This Circular takes effect on August 15, 2010.

2. The Authority of Broadcasting and Electronic Information and the Inspectorate of the Ministry of Information and Communications, and provincial-level Information and Communications Departments shall implement this Circular and monitor, examine, inspect, and handle violations of law and this Circular.

3. In the course of implementation, any arising problems should be reported to the Ministry of Information and Communications for consideration and amendment of this Circular.-