Decision No. 20/2011/QD-TTg dated March 24, 2011 of the Prime Minister promulgating regulation on management of paied television

DECISION

PROMULGATING REGULATION ON MANAGEMENT OF PAIED TELEVISION 

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on the Organization of Government;
Pursuant to the Press Law of December 28, 1989 and the Law Amending and Supplementing a Number of Articles of the June 12, 1999 Press Law;
Pursuant to the Law on Telecommunication dated December 4, 2009;
Pursuant to the August 28, 2001 Ordinance on Fees and Charges;
Pursuant to the November 16, 2001 Ordinance on Advertisement;
Pursuant to the April 26, 2002 Decree No 51/2002/ND-CP of the Governmentdetailing the Press Law and the Law Amending and Supplementing a Number of Articles of the Press Law;
At the proposal of Minister of Information and Communications,

DECIDES:

Article 1.To promulgate together with this Decision the Regulation on managing of paid television.

Article 2.Radio-television stations granted license to operate paid television before theeffective date of this Regulation, within 01 (one) year since the effective date of this Regulation must reorganize paid television operation model under provisions of this Regulation.

Article 3.Paid television operation units which reorganized under provision in Article 2 of this Decision and enterprises which have technology infrastructure for providing paid television services, but have not license for establishment telecommunication network infrastructure before the effective date of this Regulation, if they continue owning technology infrastructure and providing paid television services, must conduct procedure to request for granting license of establishment telecommunication network infrastructure and license of providing paid television services within 02 (two) years since theeffective date of this Regulation.

Article 4.Radio-television stations that have been granted license of supplying, editing foreign program channels on paid television before theeffective date of this Regulation, if they continue to provide foreign program channels on paid television, must implement procedure to request for granting license of editing foreign program channels according to provision of this Regulation within 01 (one) year since theeffective date of this Regulation..

Agencies, that delegate to supply foreign program channels on paid television in Vietnam, must conduct registration within the limit time of 06 (six) months since theeffective date of this Regulation.

Article 5.This Decision takes effect on May 15, 2011 and replaces the June 18, 2002 Decision No.79/2002/QD-TTg of the Prime Minister on management of foreign television programs collecting.

Article 6.The Minister of Information and Communications, the Minister of Finance, Ministers, Heads of ministerial level agencies, and Governmental agencies, Chairmen of People’s Committees of centrally-affiliated Cities and Provinces, the governing agencies of radio stations, television stations, nation-wide radio-television stations and relative organizations, individuals shall be responsible for the implementation of this Decision.

REGULATION

ON MANAGEMENT OF PAID TELEVISION OPERATION
(Issued together with the March 24, 2011 Decision No. 20/2011/QD-TTg of the Prime Minister)

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

This Regulation stipulates management, provision, use of technology infrastructure, paid television services and contents of information on paid television in Vietnam; stipulates for receiving direct signal from the satellite.

Article 2. Subjects of application 

1. This Regulation applies to organizations, individuals taking part in managing, providing, using technology infrastructure, paid television services and contents of information on paid television in Vietnam; organizations, individuals taking part in managing, installing receiving devices and using direct television signal from the satellite in Vietnam.

2. In cases where international treaties which the Socialist Republic of Vietnam has signed or acceded to otherwise provide for, the provisions of such treaties shall apply. 

Article 3. Interpretation of terms

1.Paid televisionservicemeans service applies telecommunications to transmit, distribute program channels, paid television program and added value services on technology infrastructure for providing paid television services to paid television subscribers under service providing contract or equivalent constraint agreements (called as paid television service providing Contract).

Paid television service may be provided directly (direct television service) or on request (requested television service) to paid television subscribers.

2.Online television servicemeans paid television service providing television channels to paid television subscribers viaarchiving, slow downingdevices of paid television service providers.

3.Requested television servicemeans paid television service conducting storage programs, paid television program channels and providing to paid television subscribers at their request.

4.Paid television program channelsmeansdomestic, foreign program channels are provided to paid television subscribers. Program channel comprise programs.

5.Domestic program channelsmeansradio-television program channels produced by units granted license for press operating in radio, television field(visual, audio press) of the Socialist Republic of Vietnam or are jointed to produce under provision of laws.

6.Foreign program channelsmean radio-television program channels produced by foreign radio-television agencies, having languages in foreign languages.

7.Added value serviceson paid television(abbreviated as Added Value Services) mean services adding facility on information attached or inserted paid television program channels and displayed on audio-visual deviceof paid television subscribers.

8.Paid television service providing technical infrastructure(abbreviated as paid television technology infrastructure) meanstelecommunication network infrastructure having technical facilities meet requirements of supplying paid television service.

Paid television technical supporting provides signals to paid television subscribers at the point of presence (POP) under provisions of Law on Telecommunication.

9.Paid television subscribers(abbreviated as Subscriber) means organizations, individuals using paid television service of paid television service providers under paid television service providing contracts.

10.Paid television subscribing terminal device(abbreviated as terminal device) meansdevice that subscribers using to connect with POP of paid television technology infrastructure for receiving signal from paid television providers.

Article 4. Policy of managing paid television

1. To encourage developing paid television using modern technology industry aiming at supporting to transmit radio, television program channels as serving propaganda information political task of the Party and State as meeting demand of people’s more and more various entertainment information.

2. To encourage developing programs, domestic program channels aiming at upgrading people’ knowledge, meeting demand of wholesome spirit culture of people, protecting and bringing into play the nation s good cultural historic traditions so that contributing effectively in building and protection the Vietnam motherland.

3. To manage closely providing contents of programs, paid television program channels under provisions of law on press; to manage paid television technology infrastructure under provisions of law on telecommunication; to ensure developing paid television market having fair competition, as meeting demand of people’s various entertainment information as being suitable to Vietnam real condition.

4. To encourage establishing Associations of paid television that are enable to push up the development of paid television market compliance to policy, guideline of the Party, State’s policy and law.

Chapter 2.

RECEIVING SIGNAL OF DIRECT TELEVISION FROM SATELLITE

Article 5. Receiving signal of direct television from the satellite belonging to paid television service of Vietnam

Paid television subscribers are installed direct signal receivers from the satellite to use paid television services which are supplied by Vietnam’s paid television service providers.

Article 6. Receiving paid television signal from the satellite not belonging to paid television service of Vietnam

Receiving signal of direct television from the satellite not belong to paid television service means receiving signal of direct foreign television, foreign television channels from satellite.

1. The following objects are entitled to receive signal of direct foreign television from satellite to exploit information aiming at serving for professional and special works:

a) Agencies of Party, State, political- social Associations of central and centrally-affiliated cities and provinces level.

b) The press agencies.

c) Foreign diploma agencies, organizes in Vietnam.

d) Representative offices, permanently residing offices of the foreign press, media entities in Vietnam.

2. The organizes are not provided in clause 1 of this Article employing foreigners and the foreigners just allowed to receive foreign television channels direct from satellite if those program channels have not been supplied on paid television system of Vietnam in the local where such organizes, individuals install signal receivers.

3. The objects provided in clause 1, clause 2 of this Article must implement registration of receiving foreign television signals direct from satellite with Department of Information and Communications in the local where putting direct foreign television signal receivers from the satellite.

Article 7. Granting registration for receiving foreign television signal direct from satellite

1. Departments of Information and communications of centrally-affiliated cities and provinces are responsible for managing, considering, granting registration for receiving foreign television signal direct from satellite in our local area.

2. Procedure for registering receiving foreign television signal direct form satellite provided as follows:

a) Dossier comprises:

- Registration declaring request must be applied under form provided by the Ministry of Information and Communications.

- A certified copy of establish license for the organizes as provided in clause 1 Article 6; investment License, business registration Certificate for the organizes as provided in clause 2 Article 6  or resident card for individuals are the foreigners as provided in clause 2 of Article 6.

- A certified copy of written agreement for renting or borrowing premises to install equipments in case equipments are not installed at the premises written in the establishment License, investment License, Business registration Certification or resident card.

Dossier made in 01 set (original) handed in directly or via post office system to Department of Information and Communications in which installing the foreign television signal receivers direct form satellite.

b) Within 15 days since the receiving date of complete and regular dossier, Departments of Information and Communications of centrally-affiliated cities and provinces are responsible for considering granting for registering for receiving foreign television signal direct from satellite.

In case of not granting registration, Departments of Information and Communications issue written reply and stating clearly the reason. Organizes, individuals, who are refused granting registration, have their right to complain under provision of laws.

Form of registration certificate of receiving foreign television signal direct from the satellite shall be provided by the Ministry of Information and Communications.

c) Registration Certificate of receiving foreign television signal direct from the satellite is valid not excess 05 years since the date of granting registration but not excess the effective time written in the establishment License, investment License, Business registration Certification or resident card of the objects provided in clause 1, clause 2 Article 6 this Regulation.

d) Changing item list of foreign television channels, place for installing and direct from the satellite foreign television signal receivers, which stated in the registration certificate, must implement registration for modifying and supplementing.

Dossier, procedure for modifying, supplementing registration certificate of receiving direct foreign television signal from the satellite comprises:

- Written request stating clearly the contents need to be modified, supplemented;

- For the case changing place of installing, must have a certified copy of paper evidencing ownership, right of renting, and borrowing new premises.

Dossier made in 01 set (original) handed in directly or via post office system to Department of Information and Communications of centrally-affiliated cities and provinces in which installing foreign television signal receivers direct form the satellite.

Within 10 days, since the receiving date of complete and regular dossier, Department of Information and Communications of centrally-affiliated cities and provinces are responsible for considering granting registration for receiving foreign television signal direct from satellite.

In case of not granting registration, Department of Information and Communications issue written reply and stating clearly the reason. Organizes, individuals refused granting registration having its right to complain under provision of laws.

dd) Changing, supplementing other contents provided in registration certificate must send written notification to Department of Information and Communications of centrally-affiliated cities and provinces in which installing foreign television signal receivers direct form satellite.

Chapter 3.

MANAGING, PROVIDING CONTENTS ON PAID TELEVISION

Article 8. Content provider

Content providers on paid television are units having license for press operation in television field (visual press) of Vietnam, allowed to provide programs, program channels to paid television service providers referred to Chapter III of this regulation.

Article 9. Domestic program channels on paid television  

Domestic program channels allowed to supply on paid television comprise:

1. Program channels being broadcasted under provisions of law on press.

2. Program channels granted license to produce for paid television referred to Article 10 of this Regulation.

Article 10. Granting license for producing paid television programs

Units who request for granting license to produce paid television program channels must be press agencies having license for press operation in television field. Procedure for granting license as follows:

1. Dossier comprises:

- Written request for producing paid television program channels under formprovided by the Ministry of Information and Communications.

- A certified copy of certificate of press operation in television field.

- Planof producing program channels, in which state clearly production purpose, program channels’ name, program channels’ top purpose, program channels’ contents, time, broadcasting time volume, expected program frame (01 month), audience objects, program channels producing capacity (infrastructure, human resource and finance), process for production organizing and managing program channels’ contents, technology method for distributing program channels to paid television service providers, social, economic effect when producing program channels.

In case requesting for granting license for producing many program channels, units must compile particular plan for each specific program channel.

- Written approval for planof producing paid television program channels of the governing agencies for press agencies of centrally-affiliated cities and provinces or ministries, branches; for the central press agencies, planof producing must be approved by the head of press agencies.

Dossier made in 02 sets (01 origin, 01 copy) applies directly or via post office system to Authority of Broadcasting and Electronic Information(Ministry of Information and Communications).

2. Within 30 days since the receiving date of complete and regular dossier, Ministry of Information and Communications is responsible for considering of granting license for producing paid television program channels.

In case of not granting license, Ministry of Information and Communications issues written reply and states clearly the reason. Units who are refused granting license have their rights to complain under laws.

3. After 90 (ninety) days, since the effective date of license, if units who are granted do not produce paid television program channel, the license shall be invalid. If such units wan to continue to product paid television program channel, they must implement procedure for granting license again.

4. License of producing paid television program channel shall be valid not excess 10 year since the date of signing and may be extended but not excess the effective time in the License of press operation in television field. Units having License took the initiative to supply program channels produced under such license of paid television service providers in the whole country.

5. When changing one of the contents written in the granted License of producing paid television program channel, the units must implement procedure for modifying, supplementing License:

a) Changing program channels’ top purpose: dossier, procedure applied as dossier, procedure for granting new license;

b) Changing other contents in the License, dossier and procedure comprises:

- Written request stating clearly the reason and contents requesting for changing;

- A certified copy of License of producing paid television program channel;

- Written approval for request for changing of the governing agencies for press agencies of centrally-affiliated cities and provinces or of ministries,branches.

Dossier made in 02 sets (01 origin, 01 copy) applies directly or via post office system to Authority of Broadcasting and Electronic Information(Ministry of Information and Communications).

Within 20 days since the date of complete and regular dossier, Ministry of Information and Communications is responsible for considering granting license modifying, supplementing License of producing paid television program channels.

In case of not granting license modifying, supplementing, Ministry of Information and Communications issues written reply and stating clearly the reason. Units refused granting license have its rights to complain under laws.

Article 11. Foreign program channels on paid television

Foreign program channelssupplying on paid television in Vietnam must meet the following requirements:

1. Having contents suitable to people’s wholesome demand, not violate of provisions of laws on press of Vietnam.

2. Having documents evidencing legitimate copyright for program channels granted by competent agencies of the country in which foreign television stations own such program channel registering for operation.

3. Having registration certificate of supplying foreign program channel on paid television referred to Article 12 this Regulation.

4. Being edited, translated by a unit granted license for editing foreign program channel referred to Article 13 this Regulation.

5. Without including advertisement information installed available from overseas. Advertising activities (if any) must be conducted in Vietnam and comply with provisions of Vietnam law on advertisement; must implement finance’s obligations under provisions of Vietnam law through authorized agencies in Vietnam.

Article 12. Registration for supplying foreign program channels on paid television  

1. Foreign radio, television stations wish for supplying foreign program channelsinto Vietnam aiming at business on paid television must be through authorized agencies in Vietnam to conduct registration for granting program channel and financial obligation to Vietnam’s State.

2. Authorized agencies are enterprises established under Vietnam law, having business registrationactivities suitable to being agencies supplying foreign program channels into Vietnam and being authorized to be agencies for supplying paid television foreign program channels in Vietnam by foreign radio, television stations.

3. Authorized agencies are responsible for registering supplying foreign program channels on paid television in Vietnam with the Ministry of Information and Communications.

4. Procedure of registration

a) Dossier comprises:

- Application of registration of supplying foreign program channelsunder form stipulated by the Ministry of Information and Communications.

- A copy of operation License of foreign radio, television stations that are owners of foreign program channels enclosing with certified Vietnamese translation.

- Documents evidencing legitimate ownership for program channel granted by competent agencies of the country in which foreign television station owns the program channel registered for operation, enclosing with certified Vietnamese translation (if documents are composed by foreign languages).

- A certified copy of business registration Certificate, investment License of authorized Agencies.

- A certified copy of certifying paper of foreign television channel owner for authority to entity to be agency supplying foreign program channel on paid television enclosing with certified Vietnamese translation (if papers are composed by foreign languages).

- Description document of foreign radio, television stations on contents of program channel, broadcasting frame of program channel in 01 month enclosing with certified Vietnamese translation (if documents are composed by foreign languages).

Dossier made in 02 sets (01 origin, 01 copy) applies directly or via post office system to Authority of Broadcasting and Electronic Information (Ministry of Information and Communications).

b) Within 30 days since the receiving date of complete and regular dossier, Ministry of Information and Communications is responsible for considering granting registration certificate of supplying foreign television channel on paid television, in which stating clearly requirements on editing, translating for program channel granted registration certificate.

Registration certificate of supplying foreign television channel on paid television is valid of not excess 05 years, since the signing date but not excess the effective time in business registration Certificate, investment License of authorized agencies and effective time written in agreement authorizing to be agencies.

In case of not granting registration, Ministry of Information and Communications issues written reply and stating clearly the reason. Units refused granting license have their rights to complain under laws.

5. When changing one of contents provided in the registration certificate, the units must implement procedure for modifying, supplementing registration certificate:

a) Dossier, procedure of requesting for granting registration changing contents of program channel applying as dossier, procedure of granting new license;

b) Dossier requesting for granting registration of changing the other contents in the registration certificate comprises:

- Written request stating clearly the reason and contents requesting for changing;

- A certified copy of registration certificate of supplying foreign program channel on paid television;

- Description document of foreign radio, television stations on contents of program channel, time, broadcasting time volume, broadcasting frame of program channel in 01 month enclosing with certified Vietnamese translation (if documents are composed by foreign languages), requested in case of requesting for modifying, supplementing provisions related to time, time volume, broadcasting frame of program channel.

Dossier made in 02 sets (01 origin, 01 copy) applies directly or via post office system to Authority of Broadcasting and Electronic Information (Ministry of Information and Communications).

c) Within 20 days since the date of complete and regular dossier, Ministry of Information and Communications is responsible for considering granting modifying, supplementing registration Certificate of supplying foreign program channel on paid television.

In case of not granting registration, Ministry of Information and Communications issue written reply and stating clearly the reason. Units refused granting registration have their rights to complain under laws.

6. Authorized agencies must pay registration fees to the state management agencies for granting registration Certificate or modifying registration Certificate of supplying foreign program channel on paid television.

Ministry of Finance guides, coordinates with Ministry of Information and Communications providing specific charge rate for granting the first registration or modifying registration Certificate of supplying foreign program channel on paid television; financial obligations of foreign radio, television stations, authorized agencies when supplying foreign program channel aiming business on paid television in Vietnam.

7. Authorized agencies supplying foreign program channel are responsible for:

a) Complying with provisions in the registration Certificate granted by Ministry of Information and Communications.

b) Paying finance obligation under laws.

Article 13. Editing, translating foreign program channels on paid television

1. All foreign program channels on paid television must be edited in order to ensure contents of program channels not contrary to provisions of Vietnam laws on press and advertisement, except form live report of sport competition, opening and closing ceremony of regional and global scale sport tournament.

2. Translation is subject to the foreign program channels, conducted specific as follows:

a) For story film channels: translating 100% contents of program channel;

b) For news channels: brief translating 100% contents of program channel;

c) For education, science channels: translating 100% contents of news program channel;

d) For collective channels, collective entertainment channels, sport, music channels: translating 100% document, reportage, news program.

Ministry of Information and Communications decides to classify foreign program channel on paid television.

Article 14. Granting license for editing foreign program channels on paid television

1. Granting license for editing foreign program channels on paid television implemented to each channel. Conditions for granting license as follows:

a) Being press agencies having license of press operation in television field.

b) Having document on approval of the governing agencies for the centrally-affiliated cities and provinces and ministries, branches press agencies.

c) Having human resource meeting requirement of press skill and foreign language knowledge suitable to foreign program channel requesting for granting license of editing.

d) Having technical capacity including, system of slow downingdevice, storing device, technical means for receiving and transferring signals that are suitable to editing program channels; ensuring acts of editing; translation implemented and completed in Vietnam referred to provision in Article 13 this Regulation.

dd) Having necessary financial capacity showed by estimated budget of editing, translation in 01 year and written evidence for legitimate finance sources to implement acts of editing, translation as estimated.

e) Having copyright of using foreign program channel in Vietnam under law.

2. Procedure for granting license of editing foreign program channel on paid television provided as follows:

a) Dossier of granting license comprises:

- Written request for granting license of editing foreign program channel on paid television under form stipulated by the Ministry of Information and Communications.

- A certified copy of License of press operation in television field.

- Plan of editing foreign program channel expresses contents referred to point c, d, dd clause 1 this Article enclosing with estimated budget approved by the press governing agencies for the centrally-affiliated cities and provinces press agencies and press agencies, and ministries, branches, or unit - approved by head of press agencies for central press agencies.

- A certified copy of written agreement of foreign program channel copyright. In case written agreement is in foreign languages, it must be translated in Vietnamese and certified translation.

Dossier made in 02 sets (01 origin set, 01 copy one) applies directly or via post office to Authority of Broadcasting and Electronic Information (Ministry of Information and Communications).

b) Within 30 days since the receiving date of complete and regular dossier, Ministry of Information and Communications is responsible for considering granting License of editing foreign program channel on paid television.

The License of editing foreign program channel on paid television is valid for not exceed 10 years since the signing date, but not excess the effective time in the License of press operation in television field and the time stated in the license agreement.

In case of not granting license, the Ministry of Information and Communications issues written reply and states clearly the reason. Units refused granting license have its rights to complain under laws.

3. When changing one of contents of License of editing foreign program channel on paid television granted must conduct procedure for modifying, supplementing License:

a) For modifying content of foreign program channel, dossier, procedure requesting for granting modifying, supplementing License of editing foreign program channel on paid television shall apply as the procedure for granting new license.

b) For modifying other content written in License of editing foreign program channel on paid television, dossier comprises:

- Written request stating clearly the reason and content of requesting for changing;

- A certified copy of License of editing foreign program channel on paid television;

- Written approval requesting for changing of the governing organization for the centrally-affiliated cities and provinces press agencies and ministries, branches.

Dossier made in 02 sets (01 origin, 01 copy) applies directly or via post office system to Authority of Broadcasting and Electronic Information (Ministry of Information and Communications).

Within 20 days since the receiving date of complete and regular dossier, the Ministry of Information and Communications is responsible for considering granting modifying, supplementing License of editing foreign program channel on paid television.

In case of not granting license for modifying, supplementing, the Ministry of Information and Communications issues written reply and states clearly the reason. Units refused granting license have its rights to complain under laws.

Article 15. Program on requested television services 

1. Paid television service providers are allowed to keep as archives and supply programs on requested television service.

2. Programs are allowed to supply on requested television service comprise:

a) Programs belonging to program channels allowed supplying on paid television.

b) Film programs, music programs supplied by units having license of press operation in television field ensuring that its contents must be in accordance with provisions of press law and provisions of the other special - branch law.

Article 16. Copyright of program channel on paid television

1. Domestic program channels serving political task, essential propaganda information are broadcasted intact on paid television in Vietnam territory without having copyright agreement.

2. The remaining program channels on paid television system, the programs on requested television service must ensure requirements on copyright as follows:

a) Having documents evidencing legitimate copyright.

b) Ensuring the intact of program channels, programs, except the case of installing logos of service providers as provided in Article 18 of this Regulation or handling contents violated provisions of Vietnam laws.

Article 17. Advertising information, messages on paid television

1. Advertisement and message information on paid television must comply with provisions of Vietnam law on press and advertisement.

2. Paid television program channel contents providers are responsible under laws for contents of advertisements and messages on program that supplied by them.

3. In case of running advertisement, massage information on screen, such advertisement, massage information must be put in the bottom of screen.

4. Paid television service providers are not allowed cutting, inserting, replacing advertisement and massage information on paid television program, except from handling contents violate provision of Vietnam law.

Article 18. Name, Logo of paid television service provider

Paid television service provider must install service name, logo on program channels in order to distinguish its services as follows:

1. To enable to distinguish easily.

2. Not exceed 10 (ten) characters and not coincide with name, logo registered earlier.

3. Must to be putted on the head with a fix position for all program channels in its services without overlapping with content provider’s logo.

4. Registering together with dossier requesting for granting license of supplying paid television service or dossier requesting for modifying, supplementing license of supplying paid television service.

Chapter 4.

MANAGEMENT, PROVIDING AND USE OF PAID TELEVISION SERVICES

Article 19. Paid television services providers

Paid television service providers are entities granted license of supplying paid television service, using infrastructure of paid television technology infrastructure providers to transmit intact contents of program, program channels supplied by content providers to paid television subscribers.

Article 20. Types of paid television services

Types of paid television services are divided by broadcast transmit method, include:

1. Cable television service: is a type of paid television service mainly using cable network technology infrastructure with different technologies (analog, digital, IPTV) to distribute information contents on paid television directly to paid television subscribers.

2. Digital ground television service: is a type of paid television service mainly using digital ground television broadcasting network technology infrastructure (DVB-T) to distribute information contents on paid television directly to paid television subscribers.

3. Direct from the satellite television service: is a type of paid television service mainly using technology infrastructure of broadcasting direct from the satellite (DTH) to distribute information contents on paid television directly to paid television subscribers.

4. Mobile television service: is a type of paid television service mainly using digital ground mobile television broadcasting network technology infrastructure, digital satellite mobile television or mobile telecommunication network to distribute information contents on paid television directly to paid television subscribers.

Article 21. Paid television service packages

1. Basic service package is the service package including minimum program channels with lowest price rate in the service packages that paid television service providers must supply to subscribers and must be shown in the paid television service providing contract.

Basic service package must include propaganda program channels serving political task, essential propaganda information under provisions:

a) For program channels serving politic task, national essential propaganda information, providers must supply to all paid television subscribers.

b) For program channels serving political task, local essential propaganda information, providers must supply to all paid television subscribers in such local if paid television service providers use broadcasting transmission technology being able to insert or replace program channel for broadcasting according to each administrative local.

The Ministry of Information and Communications stipulates specifically item list of program channels serving political task, national essential propaganda information and item list of program channels serving political task, local essential propaganda information suitable to requirement for serving political task, propaganda information in each period.

2. Advanced service package is the service package having different programs with different fee rate supplied by paid television service providers at subscribers’ request.

Article 22. Requirements of paid television services quality

Paid television service providers are responsible for implementing provision on service quality management as follows:

1. Implementing to proclaim service quality as provided.

2. Self-examining regularly, supervising and ensuring to supply services to paid television subscribers upon right quality stipulated or proclaimed.

3. Conducting immediately essential measures to overcome break-down, ensuring service quality.

4. Being inspected, examined of state management agencies for paid television service quality under provisions of laws.

The Ministry of Information and Communications guides to implement procedure of proclaiming quality, inspecting, examining, supervising paid television service quality.

Article 23. Granting license of providing paid television services

Conditions, procedure for grating license of supplying paid television service are provided as follows:

1. Conditions for granting license of supplying paid television service.

a) Being enterprises are found under Vietnam laws.

For enterprises having foreign investment capital must be approved on guideline of the Prime Minister under provisions on conditional investment section applying for foreign investors.

b) Having license for building telecommunication network meeting technology conditions of paid television, or agreement of ensuring being rent, used telecommunication network meeting technology conditions of paid television.

c) Having estimated budget of operation at least for two years and documents evidencing legitimate finance sources meeting requirements for carrying out to supply service as estimated.

d) Having plan for establishing centers receiving, broadcasting all paid television program channels gathering in one place (not including backup place), except program channels belonging to list of program channels serving political task, local essential propaganda information.

dd) Having plan of modern technology applying and plan of subscribers managing, service business which are feasible, complaint to provisions of law.

e) Having plan of handling technology breakdown in time ensuring service quality and subscribers’ benefits.

g) Having plan for ensuring human resource and technology equipments aiming at assuring safety, information security for the signal broadcasting receiving centers and paid television service supplied by them.

h) Suitable to development project in television field and meeting short and long-term social demands.

2. Procedure for granting license of supplying paid television service.

a) Dossier comprises:

- Written request for supplying paid television service under form provided by the Ministry of Information and Communications;

- A certified copy of business registration Certificate;

- A certified copy of company’s Charter;

- Plan of supplying service in which states clearly using technology, type of service, scope of service provision and contents provided in point c, d, đ, e, g clause 1 this Article;

- A certified copy of license of building telecommunication network or written agreement for renting, using network infrastructure of the units having network infrastructure;

Dossier made in 02 sets (01 origin, 01 copy) applies directly or via post office system to Authority of Broadcasting and Electronic Information (Ministry of Information and Communications).

b) Within 60 days since the date of complete and regular dossier, the Ministry of Information and Communications is responsible for considering granting License of supplying paid television service.

License of supplying paid television service is valid not excess 10 year since the date of signing but not excess the effective time in the business registration Certificate, investment License and in the License of building telecommunication network or written agreement for renting, using telecommunication network infrastructure.

In case of not granting license, the Ministry of Information and Communications issues written reply and states clearly the reason. Units refused granting license have its rights to complain under laws.

c) After 01 year, since the effective date of license, if granted unit does not supply paid television service in reality, such license is invalid. If the unit wishes for continuing to supply paid television service must implement procedure for granting again.

3. When changing one of many contents written in the License of supplying paid television service granted must implement procedure for modifying, supplementing License:

a) In case of changing broadcasting-receiving center, technology industry, type of service, dossier, procedure requesting for granting modifying, supplementing License of supplying paid television service applying as procedure for granting new license.

b) Changing other contents written in the License of supplying paid television service, dossier comprises:

- Written request stating clearly the reason and content requesting for changing;

- A certified copy of License of supplying paid television service;

Dossier made in 02 sets (01 origin, 01 copy) applies directly or via post office system to Authority of Broadcasting and Electronic Information (Ministry of Information and Communications).

c) Within 30 days since the date of complete and regular dossier, the Ministry of Information and Communications is responsible for considering granting modifying, supplementing License of supplying paid television service.

In case of not granting license of modifying, supplementing, the Ministry of Information and Communications issue written reply and stating clearly the reason. Units refused granting license have its rights to complain under laws.

4. Paid television service providers pay fees for right of supplying paid television service to the State according to provision of laws.

The Ministry of Finance guides, coordinates with the Ministry of Information and Communications provide specifically collecting rate, collecting regime, paying, managing and using fees of right of supplying paid television service.

Article 24. Registering name of film provider enclosing with items list of film programs on requested paid television, of program channels of paid television services providers

1. Paid television service providers must implement to register item list of program channels on paid television service supplied by them. In case of supplying film program on requested television service, must register name of unit supplying film enclosing with item list of film programs.

2. The first registration dossier is implemented together with dossier of requesting for granting license of supplying paid television service.

After the Ministry of Information and Communications grants license of supplying paid television service, the Authority of Broadcasting and Electronic Information (Ministry of Information and Communications) shall consider granting registration of item list of paid television program channels and name of film providers enclosing with the list of film program on requested television.

3. During process of carrying out to supply paid television service, if having any change compared to registered list, paid television service providers must implement to register for modifying, supplementing.

4. Procedure for registration, registration of modifying, supplementing name of film providers enclosing with the list of film program on requested television, list of paid television program channels as follows:

a) Dossier comprises:

- Written request for registration, registration of modifying, supplementing name of film providers enclosing with the list of film program on requested television, list of paid television program channels must use the form provided by the Ministry of Information and Communications;

- A certified copy of copyright written agreement for film programs, registration program channels.

Dossier made in 02 sets (01 origin, 01 copy) applies directly to the Authority of Broadcasting and Electronic Information (Ministry of Information and Communications).

b) For the first registration dossier or registration of modifying, supplementing name of film providers enclosing with the list of film programs on request television, list of paid television program channels, within 15 days since the date of complete and regular dossier, the Authority of Broadcasting and Electronic Information is responsible for considering to grant registration of film providers’ name enclosing with the list of film programs, list of paid television program channels.

In case of not granting registration, the Authority of Broadcasting and Electronic Information issue written reply and stating clearly the reason. Units are refused granting registration have its rights to complain under laws.

Article 25. Rights and obligations of paid television service provider

1. Complying with law provisions on management, supplying contents on paid television provided in chapter III of this Regulation.

2. Complying with law provisions on management, supplying paid television services as provided in chapter IV of this Regulation.

3. Complying with provisions on service rates management

4. Complying with state provisions on fees, charges.

5. Complying with provisions in the granted license of paid television service supplying.

6. Being used logo installing equipment to install name, logo enable to distinguish itself service on program channels, paid television program supplied by it.

7. Being used every technology measures to cut contents violate provisions of Vietnam laws when discovering or when having request of competent function agencies.

8. Being taken the initiative to choose legitimate paid television program channels not belonging to item list of program channels serving political task, essential propaganda information under this Regulation.

9. Being taken the initiative to choose network infrastructure to supply paid television service.

10. Being inspected, examined of competent agencies under provisions of laws.

11. Doing business legally.

Article 26. Report regime

Paid television service providers are responsible for reporting periodically once every 06 months at the first week of January and July yearly; reporting irregular at request of state management agencies for issues related to supplying paid television service.

The Ministry of Information and Communications issues form for specific report of paid television service providers.

Article 27. Rights and obligations of paid television subscribers

Paid television subscribers have its rights and obligations as follows:

1. Choosing paid television service provider to engage contract of supplying paid television service.

2. Requesting paid television service providers to provide essential information related to using paid television service.

3. Using paid television service upon quality, price and other provisions under the contract engaged with the paid television service providers.

4. Refusing to use part or whole of paid television service under the contract engaged with the paid television service providers.

5. Being assured private information confidentiality under provisions of law.

6. Complaining for price, service quality, being returned rates and compensated other direct damages caused by paid television service providers in case service is not supplied in accordance with engaged contract, except fromForce majeure casesprovided in the contract.

7. Making payment fully and timely paid television service fees.

8. Having to implement fully conditions provided in the paid television service providing contract.

9. Having to compensate direct damages caused by itself to paid television service providers, except fromForce majeure casesprovided in the contract.

10. Be not entitled to re-provide or resell paid television service under any forms.

Chapter 5.

MANAGEMENT, PROVISION OF NETWORK INFRASTRUCTURE ON PAID TELEVISION

Article 28. Paid television network infrastructure providers

Paid television network infrastructure providers are the enterprises granted license of building telecommunication network and owning telecommunication network infrastructure meeting requirements of technology for supplying paid television service.

Article 29. Rights and obligations of paid television network infrastructure providers

Paid television network infrastructure providers have its rights and obligations:

1. Being supplied network infrastructure to the units having license of supplying paid television service under agreement and engagement by economic contracts.

2. Ensuring network infrastructure meeting technology requirements of supplying paid television service.

3. Implementing fully provisions of law on telecommunication network infrastructure management and provisions in agreements engaging with paid television service providers.

4. Being responsible for coordinating with the state management agencies on paid television for the acts of ensuring safety, information securities and preventing the breach of law on acts of using, supplying paid television service.

Article 30. Granting license of establishing paid television network infrastructure

Granting license of building paid television network infrastructure is implemented according to provision of law for granting license of building telecommunication network.

Chapter 6.

INSPECTING, EXAMINING AND HANDLING OF VIOLATIONS

Article 31. Inspection, examination

Organizations, individuals who take part in supplying, using paid television service, receiving television signal direct from the satellite, shall be under inspection, examining of competent State management agencies under law on press and law on telecommunication.

Article 32. Handling of violations

1. Organizations, individuals who commit acts of breach of the provisions of this Regulation, depending on the nature and seriousness of their violations, are administratively sanctioned or revoked license or examined for penal liability; if causing damage, they must compensate thereof according to law provisions.

Handling of violations for contents broadcasted on paid television applying to provisions of press law.

Handling of violations for paid television service supplying, using shall apply provisions of law on paid television.

Handling of violations for supplying, using paid television network infrastructure applying as provided for supplying, using telecommunication network infrastructure.

2. Agencies who are competent to grant license issuing decision of revoking registration Certificate of supplying foreign program channels on paid television in Vietnam if the foreign radio, television stations or authorized agencies commit seriously provisions in Article 11 or clause 6, Article 12 of this Regulation.

3. Agencies who are competent to grant license issuing decision of revoking License of editing foreign program channel on paid television if the press agencies granted license commit seriously provisions in Article 13 or clause 1, Article 14 of this Regulation; or when registration Certificate of supplying foreign program channel on paid television revoked under clause 2 this Article.

4. Agencies who are competent to grant license issuing decision of revoking License of supplying paid television service in the following cases:

a) Committing seriously provisions on managing contents on paid television, supplying program channels, and program channels provided in Article 9, Article 11, Article 15, and Article 16 twice within 06 months.

b) Reselling, assigning, for renting License of supplying paid television service under any form.

c) Enterprises who supply paid television service being revoked business registration Certificate under provision of Law on Enterprises./.