Decree No. 06/2016/ND-CP dated January 31, 2016 of the Government on management, provision and use of radio and television services

DECREE

On management, provision and use of radio and television services[1]

Pursuant to the December 25, 2001 Law on Organization of the Government;

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

Pursuant to the November 23, 2009 Law on Telecommunications;

At the proposal of the Minister of Information and Communications;

The Government promulgates the Decree on management, provision and use of radio and television services.

Chapter I

GENERAL PROVISIONS

Article1.Scope of regulation

This Decree prescribes in detail the management of information contents, quality, charge rates, provision and use of radio and television services in Vietnam; and reception and watching of foreign satellite television channels in Vietnam.

Article2.Subjects of application

This Decree applies to domestic and foreign organizations and individuals involved in the management of information contents, quality, charge rates, provision and use of radio and television services in Vietnam; and in the reception and watching of foreign satellite television channels in Vietnam.

Article3.Interpretation of terms

In this Decree, the terms and phrases below are construed as follows:

1. Radio or television service means a service that applies telecommunications to provide users with integral domestic and foreign channels and value-added services through radio or television transmission and broadcast technical infrastructure. Radio or television services may be provided directly to service users without going through storage or delay devices (online television service) or at the request of service subscribers (on-demand service).

2. Value-added service of a radio or television service means a service that add utilities to that radio or television service.

3. Domestic channel means a radio or television channel produced or co-produced in accordance with law by Vietnamese press agencies licensed to operate in radio or television journalism.

4. Political and essential information channel means a domestic channel determined by a competent state management agency to serve political and  essential information tasks in each period. These channels include national and local political and essential information channels.

5. Foreign channel means a foreign-language radio or television channel produced by a foreign radio or television agency.

6. Co-production of a radio or television program means cooperation to produce a domestic program or channel between a unit licensed to produce domestic channels and a partner under a co-production contract.

7. Content provider means a press agency licensed for radio or television operations in Vietnam that owns the copyright or has a lawful copyright agreement for information contents provided on a radio or television service.

8. Radio or television service provider means an enterprise established in accordance with Vietnamese law which is eligible for service provision.

9. Radio or television transmission and broadcast technical infrastructure means a telecommunications network meeting requirements for the provision of radio or television services.

10. Service user means an organization or individual that has an endpoint device meeting requirements for use of radio or television services.

11. Service subscriber (below referred to as subscriber) means a person using services of a pay radio or television service provider under a contract or an equivalent written agreement.

12. Endpoint device means a user’s device receiving radio or television signals at the end point of radio or television transmission and broadcast technical infrastructure.

13. Endpoint device of pay radio or television means an endpoint device integrated with functions meeting a pay radio or television service provider’s requirements for content protection and subscriber management.

14. End point of a radio or television service means a physical connection point within a telecommunications network up to radio or television transmission and broadcast standards and technical regulations, which ensures the connection of an endpoint device to the telecommunications network and determination of the economic and technical boundary between the radio or television service provider and service user.

15. Transceiving center means a place where radio or television devices are installed in a system to receive and process baseband signals and transmit radio or television signals to radio or television transmission and broadcast technical infrastructure for provision to users.

Article4.Classification of radio and television services

1. Radio and television services include:

a/ Terrestrial television, which is a radio or television service using technical infrastructure for digital terrestrial television transmission and broadcast to provide radio or television channels to service users;

b/ Cable television, which is a radio or television service using technical infrastructure for cable television transmission and broadcast and applying different technologies to provide radio or television channels to service users. Cable television includess analog cable television; digital cable television; and internet protocol cable television (IPTV);

c/ Satellite television, which is a radio or television service using technical infrastructure for satellite television transmission and broadcast to provide radio or television channels to service users;

d/ Mobile television, which is a radio or television service using technical infrastructure for transmission and broadcast of mobile terrestrial television, satellite mobile television and television via terrestrial mobile telecommunication network to provide radio or television channels to service users;

dd/ Internet radio or television, which is a radio or television service using internet connections through domain names of websites or identified internet addresses managed by Vietnam to transmit radio or television channels to service users.

2. The mode of provision of radio and television services specified in Clause 1 of this Article may be public or pay as follows:

a/ Public radio and television services are those provided to free service users by eligible enterprises as prescribed by law without applying technical measures to manage and control or restrict signal reception;

b/ Pay radio and television services are those provided to service users by enterprises licensed to provide pay radio and television services with technical measures to manage, control and restrict signal reception.

Article5.Policies on management of radio and television services

1. To develop public radio and television services nationwide using advanced technologies to enable the public’s easy access to national and local political and essential information radio and television channels.

2. To sustainably develop the pay radio and television service market  conducive to fair competition in order to mobilize social resources to serve political communication tasks and meet the people’s healthy and diverse entertainment needs.

3. To facilitate the mobilization and use of social resources for co-production of domestic programs and channels to raise people’s intellectual level and meet their cultural and spiritual needs; to conserve and promote the nation’s fine historical and cultural traditions, contributing to building and defending the socialist fatherland of Vietnam.

4. To manage the provision of information contents on radio and television services in accordance with the press law; manage radio and television transmission and broadcast technical infrastructure in accordance with the law on telecommunications; manage radio and television service activities in accordance with this Decree.

5. To increasingly examine and assess the effectiveness of information contents and quality of radio and television services through technical measures and modern statistical and social survey methods.

6. To create favorable conditions for the Pay Television Association and radio and television service providers to operate effectively to boost development of the radio and television service market in line with the Party’s directions and guidelines and the State’s policies and laws.

Article 6.State management of radio and television services

1. Responsibilities of the Ministry of Information and Communications

a/ To assume the prime responsibility for and coordinate in formulating and promulgating according to its competence, or proposing competent agencies to promulgate, legal documents, strategies, master plans, plans and state policies on radio and television service activities;

b/ To assume the prime responsibility for and coordinate in promulgating according to its competence technical regulations on technical infrastructure for provision of radio and television services;

c/ To perform the specialized state management of radio and television service charge rates;

d/ To conduct scientific research, apply advanced technologies and develop technical regulations applicable to radio and television service activities; to provide professional training and refresher training in radio and television service operations;

dd/ To manage and organize international cooperation in radio and television service activities;

e/ To grant, re-grant, renew and revoke licenses and certificates of radio and television service operations in accordance with the Press Law and this Decree;

g/ To guide the implementation of regulations on information, reporting and statistics on, and issue forms for use in, radio and television service activities;

h/ To manage, inspect, examine, supervise and settle complaints and denunciations and handle violations of law in radio and television service activities according to its competence.

2. Ministries, ministerial-level agencies and provincial-level People’s Committees shall, within the ambit of their tasks and powers, coordinate with the Ministry of Information and Communications in performing the state management of radio and television service activities.

Chapter II

MANAGEMENT, PROVISION AND USE OF RADIO AND TELEVISION SERVICES

Section 1

PUBLIC RADIO AND TELEVISION SERVICES

Article 7.Rights and obligations of public radio and television service providers

1. Rights of a public radio or television service provider

a/ To select domestic channels for their provided services in accordance with Article 13 of this Decree;

b/ To select units having appropriate telecommunications networks to provide public radio or television services in case it does not have a telecommunications network;

c/ To use special-use equipment to display the name and logo of its service on television channels in accordance with Article 23 of this Decree.

2. Obligations of a public radio or television service provider

a/ To have plans to allocate transmission capacity for transmission and broadcast on their services the channels prescribed in Clause 4, Article 13 of this Decree and as assigned by competent agencies;

b/ To observe the State’s regulations on management of information contents and protection of copyright over contents of radio or television programs and channels;

c/ To observe regulations on operation reporting to central and local state management agencies;

d/ To submit to the inspection and examination by competent agencies as prescribed by law.

Article 8.Rights and obligations of users of public radio and television services

1. Rights of a radio or television service user

a/ To own endpoint devices and select public radio or television services according to his/her demand;

b/ To be provided with information on public radio and television services nationwide;

c/ To lodge complaints about service quality with state management agencies.

2. Obligations of a radio or television service user

To observe the law on protection of copyright over contents of radio and television programs and channels.

Article9.Principles of provision of public radio and television services

1. To universalize public radio and television services nationwide, prioritizing deep-lying, remote, border, island and exceptionally disadvantaged areas.

2. To conform with the State’s planning on press; radio and television transmission and broadcast; and development of radio and television services.

3. To conform with regulations on management of internet resources and radio frequencies in accordance with the laws on telecommunications and radio frequency.

4. To ensure service contents’ conformity with regulations on information content management under the press law and this Decree.

5. To conform with the State’s standards and technical regulations on quality of radio and television devices and services.

Section 2

PAY RADIO AND TELEVISION SERVICES

Article 10.Rights and obligations of pay radio and television service providers

1. Rights of a pay radio or television service provider

a/ To select domestic and foreign channels, on-demand contents and value-added contents to be provided in its service packages;

b/ To use special use equipment to display the name and logo of its service on television channels in service packages in accordance with Article 23 of this Decree;

c/ To select units having appropriate telecommunications networks to provide pay radio or television services in case it does not have a telecommunications network;

d/ To apply technologies and techniques relevant to its services to provide the option for selecting the audio or subtitle Vietnamese language created by the unit licensed to edit foreign programs and channels.

2. Obligations of a pay radio or television service provider

a/ To observe the State’s regulations on management of information contents and protection of copyright over contents of radio or television programs and channels and other contents of its service;

b/ To observe the State’s regulations on charges, fees, prices and contracts on provision of services;

c/ To observe provisions of its granted license for pay radio or television service provision;

d/ To observe regulations on operational reporting to central and local state management agencies;

dd/ For a radio or television service provider having a telecommunications network, to observe regulations on corporate ownership under the telecommunications law;

e/ To neither provide nor test the provision of, channels outside the granted registration list in any forms;

g/ Not to purchase, sell, transfer, rent or lend the license for pay radio or television service provision in any forms;

h/ To submit to the inspection and examination by competent agencies as prescribed by law.

Article 11.Rights and obligations of pay radio and television subscribers

1. Rights of a pay radio or television subscriber

a/ To select a pay radio or television service provider for entry into a contract on provision and use of a pay radio or television service;

b/ To request the pay radio or television service provider to provide necessary information relating to the quality and conditions for use of the pay radio or television service;

c/ To use the pay radio or television service according to its quality and charge rates and other provisions under the contract signed with the pay radio or television service provider;

d/ To refuse to use part or whole of the pay radio or television service under the contract signed with the pay radio or television service provider;

dd/ To have private information confidentiality guaranteed in accordance with law;

e/ To lodge complaints about service charge rates and quality; to have service charges refunded and receive compensations for other direct damage due to the fault of the pay radio or television service provider in case the service is not provided under the signed contract.

2. Obligations of a pay radio and television subscriber

a/ To make full and timely payment of pay radio or television service charges;

b/ To implement all the terms of the contract on pay radio or television service provision;

c/ To observe the law on protection of copyright over contents of radio or television programs and channels;

d/ To neither provide nor resell pay the radio or television service in any forms.

Article 12.Licensing of pay radio and television service provision

1. Licensing conditions:

a/ Being a Vietnamese enterprise. For a foreign-invested enterprise, obtaining the Prime Minister’s in-principle approval;

b/ Having a service provision plan conformable with the master plans on radio and television service development and radio and television transmission and broadcast and other master plans in radio and television and e-information sectors;

c/ Having a license for telecommunications network establishment or an agreement on rent or use of a telecommunications network meeting technical requirements for service transmission to subscribers connected to that telecommunications network, for the services prescribed at Points a, b, c and d, Clause 1, Article 4 of this Decree; having a registration certificate of domain name “.vn” or identified internet address for service provision to subscribers, for the service prescribed at Point dd, Clause 1, Article 4 of this Decree;

d/ Having plans on human resources; investment in technical equipment; service market forecast and analysis; and business, service charge rates and investment and operation cost estimates for at least 2 (two) first years; and documents proving the charter capital or equivalent document meeting service provision requirements according to the cost estimates;

dd/ Having a plan on establishment of a center for transceiving all domestic and foreign channels at a single place, except channels on the list of local political and essential information channels, specifying technical designs of systems of signal processing devices; devices for connection to transmission networks, devices for management of services and subscribers and content protection;

e/ Having a plan on application of advanced technologies conformable with state-prescribed standards and technical regulations to guarantee service quality and information security and safety and prompt handle technical incidents to ensure uninterrupted services and interests of subscribers;

g/ Having a tentative list of domestic channels (other than those prescribed in Clause 4, Article 13 of this Decree), foreign channels, on-demand contents and value-added contents to be provided on pay radio or television services accompanied by content providers’ written approvals;

h/ Having a written agreement on channel signal reception points in accordance with Point c, Clause 1, Article 14 of this Decree.

2. Dossier of application for a license

a/ An application for a license for pay radio or television service provision, made according to the form provided by the Ministry of Information and Communications;

b/ A certified copy, or a copy enclosed with the original for comparison, of the most recently granted enterprise registration certificate or investment certificate (if any);

c/ A service provision plan specifying the type of service and scope of service provision, technical options for provision of online services and on-demand services (if any); tentative terms and provisions on rights and responsibilities of parties to the contract on service provision and use and the contents prescribed at Points b, d, dd, e, g and h, Clause 1 of this Article;

d/ A copy of the license for telecommunications network establishment or certified copy of the agreement on rent or use of the telecommunications network of the telecommunications network owner during the validity period of the license for telecommunications network establishment, for the services prescribed at Points a, b, c and d, Clause 1, Article 4 of this Decree; a copy of the registration certificate of domain name “.vn” or identified internet address, for the service prescribed at Point dd, Clause 1, Article 4 of this Decree;

A provider of the services prescribed at Points a, b, c and d, Clause 1, Article 4 of this Decree that does not have a telecommunications network must have a regulation on coordination with the telecommunications network owner or additional technical solutions for incident handling to ensure the quality and uninterruptedness of its services;

dd/ A dossier of registration of a list of contents of pay radio or television services as prescribed in Clause 5, Article 21 of this Decree;

e/ A certified copy, or a copy enclosed with the original for comparison, of the written agreement on channel signal reception points prescribed at Point c, Clause 1, Article 14 of this Decree.

3. Licensing procedures

a/ A dossier shall be made in 2 (two) sets (1 original and 1 copy) and submitted directly or by post to the Ministry of Information and Communications. The enterprise shall take responsibility for the accuracy and truthfulness of this dossier;

b/ Within 30 (thirty) working days after receiving a valid dossier, the Ministry of Information and Communications shall consider and grant a license for pay radio or television service provision. In case of refusal, the Ministry of Information and Communications shall issue a written reply clearly stating the reason.

4. License validity period

a/ The validity period of a license for pay radio or television services is 10 (ten) years at most from the date of its grant, but must not exceed the validity term of the license for telecommunications network establishment or the agreement on rent or use of telecommunications infrastructure, for the services prescribed at Points a, b, c and d, Clause 1, Article 4 of this Decree; or of the registration certificate of domain name “.vn” or identified internet address, for the service prescribed at Point dd, Clause 1, Article 4 of this Decree;

b/ One year after the effective date of a license, if the licensee fails to provide pay radio or television services, the license will become invalid. The Ministry of Information and Communications shall issue a decision revoking such license;

If still wishing to provide such services, the enterprise shall make a dossier and carry out procedures to apply for a new license as prescribed in Clauses 2 and 3 of this Article.

5. Dossier and procedures for license modification

a/ For changes in the transceiving center or technologies or types of service, an enterprise shall make a dossier and carry out procedures as for application for a new license prescribed in Clauses 2 and 3 of this Article;

b/ For changes in other contents of the license for pay radio or television service provision, an enterprise shall make a written request enclosed with a written explanation of contents to be modified:

c/ A dossier shall be made in 2 (two) sets (1 original and 1 copy) and submitted directly or by post to the Ministry of Information and Communications;

d/ Within 15 (fifteen) working days after receiving a valid dossier, the Ministry of Information and Communications shall consider and grant a modified license for pay radio or television service provision. In case of refusal, it shall issue a written reply clearly stating the reason;

dd/ For changes in the head office address, at-law representative, enterprise registration certificate or investment certificate, an enterprise shall notify in writing to the licensing agency within 30 (thirty) days after the date of official change.

6. License extension

a/ Sixty days before its license expires, an enterprise wishing to extend the license shall send to the Ministry of Information and Communications a written request for extension, clearly stating the extension time, together with a copy or the serial number of the license;

b/ Within 20 (twenty) working days after receiving a valid document, the Ministry of Information and Communications shall consider and extend a license. In case of refusal, it shall issue a written reply clearly stating the reason;

c/ A license may be extended only once and is valid for another 5 (five) years at most but its validity period must not exceed the validity term of the license for telecommunications network establishment or the written agreement on rent or use of telecommunications infrastructure, for the services prescribed at Points a, b, c and d, Clause 1, Article 4 of this Decree; or of the registration certificate of domain name “.vn” or identified internet address, for the service prescribed at Point dd, Clause 1, Article 4 of this Decree.

7. Dossier and procedures for re-grant of licenses

a/ For an expired license or extension of an expired license, an enterprise shall make a dossier and carry out procedures to apply for a new license prescribed in Clauses 2 and 3 of this Article;

b/ For a license which is lost or damaged and no longer useable, an enterprise shall send to the Ministry of Information and Communications a written request for re-grant of the license, which must clearly state the serial number and date of the license and the reason for re-grant, together with the license, in case it is damaged;

c/ Within 10 (ten) working days after receiving a written request, the Ministry of Information and Communications shall consider and re-grant a license. In case of refusal, it shall issue a written reply clearly stating the reason.

Chapter III

MANAGEMENT OF INFORMATION CONTENTS OF PAY RADIO AND TELEVISION SERVICES

Article 13.Information contents of public radio and television services

1. Information contents of public radio and television services include:

a/ National and local political and essential information channels;

b/ Other domestic channels.

2. Points for receiving political and essential information channels must follow the agreement between the content provider and service provider and shall be taken from the network operation center of the content provider or from the nearest and most convenient location in accordance with law, for which the content provider shall take responsibility to ensure signal quality and save transmission costs of the service provider.

3. Public radio and television service providers shall ensure the integrity of channels, except in case of displaying the name and logo of the service provider on the channels to identify the service as prescribed in Article 23 of this Decree.

4. The Ministry of Information and Communications shall specify the list of national and local political and essential information channels on the basis of the guiding principles and goals of channels and requirements of political and communication tasks in each period.

Article 14.Information contents of pay radio and television services

Information contents of pay radio or television services shall be organized into service packages and services as follows:

1. Basic service package is a service package comprising political and essential information channels as prescribed by the State which a radio or television service provider must provide to subscribers and which shall be stated in the contract on pay radio or television service provision. Specifically:

a/ National political and essential information channels shall be provided to all subscribers;

b/ Local political and essential information channels shall be provided to pay radio or television subscribers of the localities where the enterprise provides services according to administrative localities, except in case the radio and television service provider uses a transceiving technology incapable of inserting or replacing channels;

c/ Points for receiving political and essential information channels must follow the agreement between the content provider and service provider and shall be taken from the network operation center of the content provider or from the nearest and most convenient location in accordance with law, for which the content provider shall take responsibility to ensure signal quality and save transmission costs of the service provider.

2. Advanced service package is a service package having domestic and foreign channels decided by the service provider.

3. On-demand service package is a service package with contents requested by the subscriber, comprising radio or television programs of content providers and other images and sounds with lawful copyright edited by the content provider.

4. Value-added services provided together with radio or television services for which the content provider shall take responsibility before law for value-added contents.

Article 15.Licensing of domestic channels

1. An applicant for a license to produce a domestic channel must be a press agency licensed for radio or television operations.

2. Dossier of application for a license

a/ An application for a license to produce a domestic channel, made according to the form provided by the Ministry of Information and Communications;

b/ A certified copy of the radio or television operation license;

c/ A plan on the channel production, specifying production purposes; name, logo; guidelines, objectives; contents; image resolution; tentative framework program for 1 (one) month; and targeted audience of the channel;  channel production capacity (including human resources, physical foundations, equipment and finance); production process, management of the channel’s contents, technical methods for distributing the channel to radio or television service providers; and socio-economic effects of the channel;

d/ For co-production of a channel, the plan on the channel production must contain information on the co-production, including address and capacity of the co-producers; form of co-production; rights and obligations of co- producer;

dd/ The written approval of the channel production plan by the managing agency, for press agencies of provinces or centrally run cities or ministries or sectors; or by the head of the press agency, for central press agencies.

e/ An applicant for a license to produce multiple channels shall make a separate plan for each specific channel.

3. Licensing procedures

a/ A dossier shall be made in 2 (two) sets (1 original and 1 copy) and submitted directly or by post to the Ministry of Information and Communications. The press agency shall take responsibility for the accuracy and truthfulness of the dossier;

b/ Within 30 (thirty) working days after receiving a valid dossier, the Ministry of Information and Communications shall consider and grant a license for production of a domestic channel. In case of refusal, the Ministry of Information and Communications shall issue a written reply clearly stating the reason.

4. License validity period

a/ A license for domestic channel production is valid for 10 (ten) years at most from the date of its grant and but must not exceed the validity period of the radio or television operation license of the licensee. The licensee may provide the channel produced under its license to radio or television service providers nationwide;

b/ Past 90 (ninety) days after the effective date of a license, if the licensee fails to produce the  radio or television channel, the license will become invalid. If still wishing to produce such channel, the applicant shall carry out procedures to apply for a new license as prescribed in Clauses 2 and 3 of this Article.

5. Procedures for license modification

a/ For changes in guidelines and objectives of the channel, the license owner shall carry out procedures as for application for a new license prescribed in Clauses 2 and 3 of this Article;

b/ For changes in other contents of the license, the license owner shall make a written request together with a written explanation about the changed contents and the managing agency’s written approval of such changes, for press agencies of provinces or centrally run cities or ministries or sectors, or the press agency head’s written request for such changes, for central press agencies;

c/ For increase or reduction of the time volume of the channel or self-produced programs, in addition to the papers required under Point b, Clause 5 of this Article, the license owner shall produce a plan stating the name, contents, broadcasting time and broadcasting volume of programs to be increased or reduced; tentative framework program to be broadcast for 1 (one) month; and plan on organization of production of the program with increased time volume;

d/ A dossier shall be made in 2 (two) sets (1 original and 1 copy) and submitted directly or by post to the Ministry of Information and Communications;

dd/ Within 20 (twenty) working days after receiving a valid dossier, the Ministry of Information and Communications shall consider and grant a modified license for domestic channel production. In case of refusal, it shall issue a written reply clearly stating the reason.

6. Dossier and procedures for license re-grant

a/ Ninety days before a license for domestic channel production expires, if wishing to continue producing that channel, the license owner shall make a dossier and carry out procedures for re-grant of a license.

b/ An application for license re-grant, signed by the press agency head; and the managing agency’s written request for license re-grant, for press agencies of provinces, centrally run cities, ministries or sectors;

c/ A copy or serial number of the granted license for domestic channel production;

d/ A report reviewing channel production activities from the date of licensing, which must provide statistics on the impact of the channel, list of programs or sections broadcast on the channel (including the broadcasting time and volume; program sources; broadcasting framework program; list of heads of professional sections and departments or channels; reporters and editors responsible for the channel production);

dd/ A dossier shall be made in 2 (two) sets (1 original and 1 copy) and submitted directly or by post to the Ministry of Information and Communications;

e/ Within 30 (thirty) working days after receiving a valid dossier, the Ministry of Information and Communications shall consider and re-grant a license for domestic channel production. In case of refusal, it shall issue a written reply clearly stating the reason.

Article 16.Co-production of radio and television programs

1. The owner of a license for domestic channel production may select and take responsibility for a partner, which must be an organization established in accordance with Vietnamese law with a legal person status, for co-production of part or whole of a program or channel.

2. The benefits of the co-producer shall be paid in the benefits from advertising activities, finance or other lawful revenues of the owner of the license for channel production from the broadcasting of the co-produced program or channel.

3. Co-production of current news-political radio or television programs is not permitted.

4. Co-produced programs in a political and essential information channel according to state regulations or in a general current news-political channel must not exceed 30% of the total broadcasting volume for 1 (one) time under the license for production of this channel.

5. When engaged in co-production of a radio or television program or channel, the owner of a license for domestic channel production shall:

a/ Decide on broadcasting contents of the co-produced program or channel in accordance with the press law;

b/ Report in writing when implementing a new co-produced program.

Article 17.Foreign channels on pay radio and television

A foreign channel provided on pay radio or television in Vietnam must meet the following requirements:

1. The number of foreign channels on the pay radio or television system does not exceed 30% of the total number of channels.

2. Its contents are healthy and conformable with Vietnamese culture and do not violate the press law of Vietnam.

3. It meets requirements on ownership right or use of copyright over contents provided on pay radio or television in Vietnam.

4. It has a registration certificate of service provision on pay radio or television prescribed in Article 18 of this Decree.

5. It is edited and translated by a unit licensed for foreign channel editing in accordance with Article 20 of this Decree which is held responsible for the edited and translated contents.

6. It does not have overseas built-in advertisements. Advertisements (if any) shall be made in Vietnam and must comply with the advertising law of Vietnam; and the unit licensed for editing shall take responsibility for advertising contents.

7. It has an authorized agent in Vietnam to fulfill financial obligations in accordance with Vietnamese law.

Article 18.Registration of provision of foreign channels on pay radio and television

1. A foreign television agency providing foreign channels in Vietnam with content copyright charges shall register such provision and fulfill financial obligations toward the Vietnamese state through its authorized agent in Vietnam.

2. A foreign television agency that concurrently authorizes 2 (two) or more agents shall clearly define the scope of authorization to each agent.

3. For foreign channels without content copyright charges, a foreign television agency shall only carry out editing and translation procedures according to regulations without having to go through an authorized agent in Vietnam.

4. Authorized agent means a Vietnamese enterprise which is authorized by a foreign television agency to act as its agent to provide foreign channels on pay radio or television in Vietnam.

5. An authorized agent shall register the provision of foreign channels on pay radio or television in Vietnam with the Ministry of Information and Communications.

6. Dossier and procedures for grant of registration certificates of foreign channel provision

a/ An application for foreign channel provision on pay radio or television, made according to the form provided by the Ministry of Information and Communications;

b/ A copy of the operation license of the foreign channel owner, enclosed with a certified Vietnamese translation;

c/ A document proving the foreign television agency’s valid legal ownership of the channel, issued by a competent authority of the country in which such television agency registers its operation, enclosed with a certified Vietnamese translation (if such document is made in a foreign language);

d/ A certified copy, or a copy enclosed with the original for comparison, of the latest enterprise registration certificate or investment certificate (if any) of the authorized agent;

dd/ A certified copy, or a copy enclosed with the original for comparison, of the foreign television agency’s written authorization of its agent to provide foreign channels on pay radio or television, enclosed with a certified Vietnamese translation (if such document is made in a foreign language);

e/ The foreign television agency’s written description of the channel contents and broadcast framework program for 1 (one) month, enclosed with a certified Vietnamese translation (if such document is made in a foreign language);

g/ A dossier shall be made in 2 (two) sets (1 original and 1 copy) and submitted directly or by post to the Ministry of Information and Communications. The enterprise shall take responsibility for the accuracy and truthfulness of the registration certificate application dossier;

h/ Within 30 (thirty) working days after receiving a valid dossier, the Ministry of Information and Communications shall consider and grant a registration certificate of foreign channel provision on pay radio or television, which specifies editing and translation requirements for such channel;

i/ The validity period of a registration certificate of foreign channel provision on pay radio or television is 5 years at most from the date of its grant, but must not exceed the validity period of the written authorization of the agent. In case of refusal, the Ministry of Information and Communications shall issue a written reply clearly stating the reason.

7. Dossier and procedures for registration certificate modification

a/ For changes in type or contents of a channel, the dossier and procedures for registration are the same as those for application of a new certificate prescribed in Clause 6 of this Article;

b/ For changes other than those prescribed at Point a, Clause 7 of this Article, the enterprise shall make a written request for modification of the authorized agent’s registration certificate, clearly stating the reason and explaining in detail contents to be modified, and must meet the requirements prescribed at Points c, d and dd of this Clause;

c/ The foreign television agency’s written certification of the contents to be modified;

d/ A copy or the serial number of the granted registration certificate of foreign channel provision on pay radio or television;

dd/ The foreign television agency’s written description of the broadcasting time, time volume and framework program of the channel for 1 (one) month, enclosed with a certified Vietnamese translation (if such document is made in a foreign language), for request for modification of contents related to the broadcasting time, time volume and framework program of the channel;

e/ A dossier shall be made in 2 (two) sets (1 original and 1 copy) and submitted directly or by post to the Ministry of Information and Communications. The enterprise shall take responsibility for the accuracy and truthfulness of the dossier;

g/ Within 20 (twenty) working days after receiving a valid dossier, the Ministry of Information and Communications shall consider and grant a modified registration certificate of foreign channel provision on pay radio or television. In case of refusal, it shall issue a written reply clearly stating the reason.

8. An authorized agent for foreign channel provision shall:

a/ Comply with provisions of the registration certificate of foreign channel provision on pay radio or television granted by the Ministry of Information and Communications;

b/ Fulfill financial obligations in accordance with law.

Article 19.Editing and translation of foreign channels on pay radio and television

1. All foreign channels on pay radio and television in Vietnam shall be edited and managed to ensure that their contents are not contrary to Vietnam’s press and advertising laws, except live coverage of sports events and opening and closing ceremonies of regional and world sports tournaments.

2. Translation shall be done depending on types of foreign channels, specifically as follows:

a/ For movie and cartoon channels: To translate 100% of the channel contents;

b/ For general channels, general entertainment channels, and sports, music, science and education channels: To translate 100% of reportage and documentary programs.

3. The Ministry of Information and Communications shall classify foreign channels on pay radio and television.

Article 20.Licensing of editing of foreign channels on pay radio and television

1. Editing of foreign channels on pay radio or television shall be licensed for each channel and in conformity with the national master plan on press development and management.

2. Licensing conditions

a/ Being a press agency licensed for radio or television operations;

b/ Obtaining the managing agency’s written approval and request for grant of an editing license, for press agencies of provinces, centrally run cities, ministries or sectors; or the press agency head’s written request for a license, for central press agencies;

c/ Having personnel holding a press card and professionally qualified in journalism and foreign language suitable to the foreign channel to be edited;

d/ Having technical capacity meeting editing requirements, including delay and storage devices and signal transceivers suitable to the editing of the channel; ensuring that the channel is edited and translated in Vietnam in accordance with Article 19 of this Decree;

dd/ Being financially viable, shown in the cost estimates for editing and translation for 1 (one) year and documents proving lawful funding sources for the editing and translation as estimated;

e/ Having the copyright over or written permission to use the foreign channel in Vietnam in accordance with law.

2. Licensing dossier and procedures

a/ An application for a license for editing a foreign channel on pay radio or television, made according to the form provided by the Ministry of Information and Communications;

b/ A copy or the serial number of the license for radio or television operations;

c/ A plan on editing of the foreign channel, covering the contents prescribed at Points c, d and dd, Clause 2 of this Article, enclosed with the cost estimates approved by the managing agency, for press agencies of provinces, centrally run cities, ministries or sectors, or by the press agency head, for central press agencies;

d/ A certified copy, or a copy enclosed with the original for comparison, of the written agreement on the copyright over the foreign channel. If such agreement is made in a foreign language, it must have a certified Vietnam translation;

dd/ A dossier shall be made in 2 (two) sets (1 original and 1 copy) and submitted directly or by post to the Ministry of Information and Communications. The press agency shall take responsibility for the accuracy and truthfulness of the dossier;

e/ Within 30 (thirty) working days after receiving a valid dossier, the Ministry of Information and Communications shall consider and grant a license for editing a foreign channel on pay radio or television. In case of refusal, the Ministry of Information and Communications shall issue a written reply clearly stating the reason.

4. License validity period

A license for editing a foreign channel on pay radio or television is valid for 10 (ten) years at most from the date of its grant, but must not exceed the validity term of the radio or television operation license and the period stated in the agreement on the channel copyright.

5. When changing the type or contents of a foreign channel, the licensee shall carry out procedures for grant of a new license prescribed in Clause 3 of this Article.

6. Dossier and procedures for license modification

a/ The press agency’s written request for license modification, enclosed with a written explanation about changes other than those prescribed in Clause 5 of this Article, signed by its head. For press agencies of provinces, centrally run cities, ministries or sectors, this request shall be certified by the managing agency;

b/ A copy or serial number of the granted license for editing a foreign channel on pay radio or television;

c/ The foreign television agency’s written description of the broadcasting time, time volume and framework program of the channel for 1 (one) month, enclosed with a certified Vietnamese translation (if such document is made in a foreign language), for request for modification of contents related to the broadcasting time, time volume and framework program of the channel;

d/ A dossier shall be made in 2 (two) sets (1 original and 1 copy) and submitted directly or by post to the Ministry of Information and Communications.

dd/ Within 20 (twenty) working days after receiving a valid dossier, the Ministry of Information and Communications shall consider and grant a modified license for foreign channel editing on pay radio or television. In case of refusal, it shall issue a written reply clearly stating the reason.

7. Dossier and procedures for license re-grant

a/ Ninety days before a license for foreign channel editing expires, if wishing to continue editing the channel, the licensee shall carry out procedures for license re-grant;

b/ An application for license re-grant, made according to the form provided by the Ministry of Information and Communications;

c/ A copy or serial number of the granted license for editing a foreign channel on pay radio or television;

d/ A report reviewing foreign channel editing activities from the time of licensing, which covers evaluation of the effectiveness of editing activities, personnel, equipment and facilities, advantages and difficulties in editing work;

dd/ A dossier shall be made in 2 (two) sets (1 original and 1 copy) and submitted directly or by post to the Ministry of Information and Communications. The press agency shall take responsibility for the accuracy and truthfulness of the dossier;

e/ Within 30 (thirty) working days after receiving a dossier as prescribed, the Ministry of Information and Communications shall consider and re-grant a license for editing a foreign channel on pay radio or television. In case of refusal, it shall issue a reply clearly stating the reason.

Article 21.Registration of list of contents on radio or television

1. For public radio and television services

Providers of public radio or television services shall select a list of suitable domestic channels as prescribed in Article 13 of this Decree for provision and are not required to register a content list;

2. For pay radio and television services

a/ A provider of pay radio or television services shall register a content list for domestic and foreign channels;

b/ A provider of pay radio or television services is not required to register a list of on-demand and value-added contents. On-demand and value-added contents of pay radio and television services must meet the requirements prescribed in Clause 3 of this Article;

Requirements on on-demand and value-added contents

a/ Having a document proving the lawful copyright as prescribed by law;

b/ Being edited by a press agency licensed for radio or television operations before service provision;

c/ Having a monitoring dossier made to serve operation reporting and inspection by competent agencies.

4. During the provision of pay radio or television services, if there is any change from the registered content list, a provider of pay radio or television services shall register for modification of this list.

5. Dossier for registration or registration for modification of lists of contents on pay radio or television

a/ A declaration of registration or registration of modification of the list of contents on pay radio or television, made according to the form provided by the Ministry of Information and Communications;

b/ A certified copy, or a copy together with the original for comparison, of the written agreement on copyright over the registered channel on pay radio or television;

c/ A certified copy, or a copy together with the original for comparison, of the written agreement on signal reception points for political and essential information channels;

d/ A dossier shall be made in 2 (two) sets (1 original and 1 copy) and submitted directly or by post to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information);

6. Procedures for grant of registration certificates of lists of contents on pay radio and television

a/ A dossier for first registration shall be made concurrently with the dossier of application for a license for pay radio or television service provision. After the enterprise has obtained a license for pay radio or television service provision, the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) shall consider and grant a registration certificate of the list of contents on pay radio or television;

b/ For a registration dossier for modification of a list of contents on pay radio or television, the time limit for consideration and grant of a modified registration certificate is 15 (fifteen) days. In case of refusal to grant a modified registration certificate, the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) shall issue a written reply clearly stating the reason.

Article 22.Copyright over contents on pay radio and television

1. Domestic political and essential information channels according to state regulations may be wholly relayed and broadcast on pay radio or television in the territory of Vietnam without requiring a copyright agreement.

2. Other channels on pay radio or television must meet copyright requirements as follows:

a/ Possessing a document proving the lawful copyright as prescribed by law;

b/ Guaranteeing the integrity of channels and programs except display of names and logos of service providers under Article 23 of this Decree.

Article 23.Names and logos of pay radio and television service providers

A pay radio or television service provider shall display the name and logo to identify its service on a television channel according to the following provisions:

1. Being easily identifiable.

2. Neither containing more than 10 (ten) characters nor being identical with earlier registered names or logos.

3. Being displayed in 1 (one) of the 4 (four) corners of the screen and not overlapping the logo of the content provider or the logo of the channel.

4. Having a certificate or written commitment of intellectual property for the logo of the service as prescribed by law. The logo of the service of the pay radio or television service provider shall be registered together with the dossier of application for a new or modified license for provision of pay radio or television services.

5. Not displaying the name and logo of the service on political and essential information channels according to state regulations.

6. Selecting and proposing at least 2 channels on the list of channels within the service for displaying the name and logo to identify the service provider.

Chapter IV

TECHNICAL REGULATIONS, QUALITY, OPERATION REPORTING AND CHARGE RATES OF SERVICES

Article 24.System of technical regulations on radio and television devices and services, comprising:

1. Radio and television endpoint devices.

2. Baseband signal decoding devices.

3. Baseband signal channeling devices.

4. Firewalls at transceiving centers.

5. Routers at transceiving centers.

6. User (subscriber) managing devices.

7. Content protecting devices.

8. Satellite television.

9. Terrestrial television.

10. Analog cable television.

11. Digital cable television.

12. Internet protocol television (IPTV).

13. Terrestrial mobile television.

14. Satellite mobile television.

15. Mobile television via terrestrial mobile telecommunication network.

16. Internet radio and television.

Article 25.Quality management of radio and television devices and services

1. The conformity of radio and television devices and services with standards and technical regulations shall be assessed as follows:

a/ Radio and television devices must have regulation conformity certified or announced for each type of device and be stuck with a regulation conformity mark before they are marketed;

b/ The radio and television services prescribed in Clauses 8 thru 16, Article 24 of this Decree must have their quality announced and comply with the Ministry of Information and Communications’s regulations on quality inspection and supervision.

2. The Ministry of Information and Communications shall:

a/ Promulgate a list of radio and television devices subject to regulation conformity requirements in each period;

b/ Specifically regulate the assessment of radio and television devices’ conformity with standards and technical regulations ;

c/ Establish procedures for quality announcement and promulgate regulations on quality management, inspection, examination and supervision of radio and television services.

Article 26.Operation reporting

1. The Ministry of Information and Communications shall prescribe reporting regimes and forms of reports on operations of radio and television services for radio and television service providers; and operations of co-production of programs and channels for domestic channel producers.

2. A radio or television service provider shall:

a/ Make periodical reports or irregular reports on radio or television service provision activities at the request of the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) and the provincial-level Information and Communications Department of the locality where the radio or television service is provided;

b/ Prove the accuracy of reported contents and statistics at the request of competent agencies.

3. A domestic channel producer shall:

a/ Make periodical reports or irregular reports on co-production of programs and channels at the request of the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information);

b/ Prove the accuracy of reported contents and statistics at the request of competent agencies.

4. The Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) shall use contents and statistics in operation reports for the state management of radio and television service provision activities and co-production of radio and television programs and channels.

Article 27.Service charge rates

1. The Ministry of Information and Communications shall promulgate economic-technical norms on transmission and broadcast of domestic political and essential information channels on public radio and television services.

2. Charge rates of pay radio and television services shall be made public in accordance with law as follows:

a/ Pay radio and television service providers shall post up charge rates of services and service packages together with basic information and technical specifications of these services and service packages;

b/ Service providers shall decide on the places for posting up charge rates of pay radio and television services at business establishments having service provision transaction counters and at other places in accordance with law.

Chapter V

RECEPTION OF TELEVISION SIGNALS FROM SATELLITE

Article 28.Reception of television signals within radio and television services

A radio or television service user in Vietnam may install a satellite television signal reception device to receive and watch channels within satellite television services of Vietnam without having to register with competent agencies.

Article 29.Reception of television signals outside radio and television services

1. Reception of television signals from satellite outside satellite television services of Vietnam means receiving foreign television signals directly from satellite to watch foreign television channels which are not edited by press agencies.

2. Entitled to receive foreign television signals from satellite for exploitation of information for professional operations are:

a/ Party and state agencies, central and provincial-level socio-political mass organizations;

b/ Press agencies;

c/ Foreign diplomatic agencies and organizations in Vietnam;

d/ Representative and resident offices of foreign news and press agencies in Vietnam.

3. Organizations other than those prescribed in Clause 2 of this Article having foreign employees and foreign families and individuals may receive television signals from satellite for channels which have not been provided on pay television of Vietnam in the localities where they establish the signal reception device system.

4. An enterprise licensed for pay radio and television service provision may act the focal point for establishing the system of devices for receiving television signals from satellite without editing for provision to the following subjects:

a/ Those prescribed in Clauses 2 and 3 of this Article that do not have the conditions or do not have the need to establish a system of devices for receiving television signals from satellite;

b/ Lawfully registered hotels having foreign customers.

5. The subjects prescribed in Clauses 2 and 3, and Point b, Clause 4, of this Article shall register their reception of foreign television signals from satellite with the provincial-level Information and Communications Department of the locality where their signal reception device system is  established.

6. An enterprise licensed to provide pay radio or television services that has agreements or contracts on provision of television signals from satellite without editing to the subjects prescribed in Clause 4 of this Article shall register to act as the focal point for establishing the system of devices for receiving  foreign television signals from satellite with the provincial-level Information and Communications Department of the locality where such system is established.

Article30.Procedures for grant of registration certificates of reception of foreign television signals from satellite

1. Provincial-level Information and Communications Departments shall manage, consider and grant registration certificates of reception of foreign television signals from satellite in the localities under their management.

2. The dossier and procedures for registration of reception of foreign television signals from satellite are prescribed as follows:

a/ A registration declaration made according to the form provided by the Ministry of Information and Communications;

b/ A certified copy, or a copy together with the original for comparison, of the establishment license or a document of equivalent legal validity, for the organizations prescribed in Clause 2, Article 29 of this Decree; the enterprise registration certificate or investment certificate (if any), for organizations, or permanent residence card or document of equivalent legal validity, for foreign families and individuals prescribed in Clause 3, Article 29 of this Decree; the operation registration, for hotels prescribed at Point b, Clause 4, Article 29 of this Decree; or license for pay radio or television service provision, for the enterprises prescribed in Clause 6, Article 29 of this Decree;

c/ A certified copy, or a copy together with the original for comparison, of the document on rent or borrowing of the place for device installation, in case devices are not installed at the place stated in the establishment license, investment certificate, enterprise registration certificate, permanent residence card or license for pay radio or television service provision;

d/ A dossier shall be made in 1 (one) original set and submitted directly or by post to the provincial-level Information and Communications Department of the locality where the system of devices for receiving foreign television signals from satellite is established.

dd/ Within 15 (fifteen) working days after receiving a valid dossier, the provincial-level Information and Communications Department shall consider and grant a registration certificate of reception of foreign television signals from satellite. In case of refusal, it shall issue a written reply clearly stating the reason;

e/ The Ministry of Information and Communications shall issue the form of the registration certificate of reception of foreign television signals from satellite;

g/ A registration certificate of reception of foreign television signals from satellite is valid for 5 (five) years at most but must not exceed the validity period of the establishment license, enterprise registration certificate, investment certificate, permanent residence card or license for pay radio or television service provision;

3. Dossier and procedures for modification of a registration certificate of reception of foreign television signals from satellite:

a/ A written request specifying contents to be modified; for change of installation place, a certified copy, or a copy together with the original for comparison, of the document proving the ownership, rent or borrowing of the new place;

b/ A dossier shall be made in 1 (one) original set and submitted directly or by post to the provincial-level Information and Communications Department of the locality where the devices for receiving foreign television signals from satellite are installed;

c/ Within 10 (ten) working days after receiving a valid dossier, the provincial-level Information and Communications Department shall consider and grant a registration certificate of reception of foreign television signals from satellite. In case of refusal, it shall issue a written reply clearly stating the reason.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 31.Effect

1. This Decree takes effect on March 15, 2016.

2. On the effective date of this Decree, the following legal documents and regulations cease to be effective:

a/ The Prime Minister’s Decision No. 20/2011/QD-TTg of March 24, 2011, promulgating the Regulation on pay television operations;

b/ The Prime Minister’s Decision No. 18a/2013/QD-TTg of March 29, 2013, amending and supplementing a number of articles of the Regulation on pay television operations, promulgated together with the Prime Minister’s Decision No. 20/2011/QD-TTg of March 24, 2011;

c/ The Information and Communications Ministry’s Circular No. 19/2009/TT-BTTTT of May 28, 2009, on co-production of radio and television programs;

d/ Articles 10, 11 and 12 of the Information and Communications Ministry’s Circular No. 07/2011/TT-BTTTT of March 1, 2011, detailing and guiding the licensing of press operations in radio and television.

3. Within 12 (twelve) months from the effective date of this Decree, enterprises engaged in the provision of pay television services and having technical transceiving infrastructure that do not have a license for telecommunications network establishment shall carry out procedures for grant of a license for telecommunications network establishment and a license for pay radio or television service provision if they wish to continue operating in pay television service provision.

4. Licenses and certificates granted under the Prime Minister’s Decision No. 20/2011/QD-TTg of March 24, 2011, continue to be effective until they expire.

Article 32.Implementation responsibilities

1. The Minister of Information and Communications shall guide and inspect the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN TAN DUNG