Decree 71/2022/ND-CP management, provision and use of radio and television services

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 06/2016/ND-CP of January 18, 2016, on management, provision and use of radio and television services^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the April 5, 2016 Press Law;

Pursuant to the June 15, 2022 Law on Cinematography;

At the proposal of the Minister of Information and Communications;

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 06/2016/ND-CP of January 18, 2016, on management, provision and use of radio and television services.

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 06/2016/ND-CP of January 18, 2016, on management, provision and use of radio and television services

1. To amend and supplement Article 3 as follows:

a/ To amend and supplement Clause 1, Article 3 as follows:

“1. Radio and television services mean the services of delivering to users the whole of domestic and foreign television and radio channels, on-demand radio and television contents, and value-added service contents through radio or television transmission and broadcast technical infrastructure. Radio and television services may be provided directly to service users without going through storage or delay devices (online radio and television service) or on particular demand of service subscribers (on-demand radio or television service).”

b/ To amend and supplement Clause 2, Article 3 as follows:

2. Value-added service means the service of providing contents to increase utilities of radio and television services, that are associated with radio and television channels and on-demand radio and television contents.”

c/ To amend and supplement Clause 7, Article 3 as follows:

“7. Content provider means a press agency licensed for radio and/or television operations in Vietnam or an organization or enterprise that holds the copyright or has lawful copyright license agreements over the contents it provides to radio and/or television service providers.”

d/ To amend and supplement Clause 8, Article 3 as follows:

“8. Radio or television service provider means an enterprise established in accordance with Vietnam’s law, qualified for providing radio or televisions services and directly delivering radio or television contents to service users.”

dd/ To amend and supplement Clause 11, Article 3 as follows:

“11. Service subscriber (below referred to as subscriber) means a service user that signs a contract with a pay radio or television service provider in paper or electronic form.”

e/ To add Clause 16 to Article 3 as follows:

“16. Domestic programs mean radio or television programs as specified in the Press Law and other visual or audio programs produced by Vietnamese organizations, including also live programs.”

g/ To add Clause 17 to Article 3 as follows:

“17. Foreign programs mean radio or television programs of foreign radio or television channels and other visual or audio programs produced by foreign organizations, including also live programs.”

h/ To add Clause 18 to Article 3 as follows:

“18. On-demand radio or television contents include films, domestic programs and foreign programs.”

i/ To add Clause 19 to Article 3 as follows:

“Pay radio or television service charge means the money amount payable by a subscriber to a pay radio or television service provider in order to use services on a daily, weekly, monthly or yearly basis or based on each content as agreed in the contract.”

2. To amend and supplement Point dd, Clause 1, Article 4 as follows:

“dd/ Over-the-top (OTT) radio and television services, which are radio and television services using Internet connection through domain names of content aggregator websites or identified Internet addresses managed by Vietnam, including also Internet applications.”

3. To amend and supplement Article 5 as follows:

a/ To amend and supplement Clause 1, Article 5 as follows:

“1. To develop broadcast radio and television services nationwide by modern technologies for all people to have easy access to domestic programs and channels; to deliver broadcast television signals via satellite in deprived areas not covered by terrestrial television so that people can receive and watch national and local political and essential public information channels.”

b/ To amend and supplement Clause 4, Article 5 as follows:

“4. To manage the delivery of information contents on radio and television services in accordance with the press law and the law on cinematography; to manage technical infrastructure for radio and television transmission and broadcasting in accordance with the law on telecommunications.

To manage the provision and use of radio and television services in Vietnam, including also OTT radio or television services provided across the border to users in Vietnam’s territory in accordance with this Decree and relevant regulations.”

c/ To amend and supplement Clause 5, Article 5 as follows:

“5. To examine and evaluate the effectiveness of information contents and quality of radio and television services by applying digital technology, performing legal deposit, and carrying out audience measurement, sociological survey and technical testing.”

d/ To add Clause 7 to Article 5 as follows:

“7. To maintain the provision of analog cable television services; to terminate the provision of analog cable television services based on market demand.”

4. To amend and supplement Clause 2, Article 12 as follows:

a/ To amend and supplement Point c, Clause 2, Article 12 as follows:

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

For the services specified at Point dd, Clause 1, Article 4 of this Decree, in case the provision of services does not cover delivery of channels but only on-demand radio or television contents: To make declaration according to the form provided by the Ministry of Information and Communications, covering the scope of and technical conditions for service provision; means of payment; complaint settlement process; tentative terms on rights and responsibilities of parties; tentative groups of contents to be provided to service users/subscribers; and the identified domain name “.vn” or Internet address and Internet applications used for service provision;”

b/ To amend and supplement Point e, Clause 2, Article 12 as follows:

“e/ A certified copy or a copy enclosed with the original for comparison of the written agreement on points for receiving signals of political or essential public information channels, except for OTT radio and television services that do not cover the delivery of channels.”

5. To amend and supplement Article 13 as follows:

a/ To amend and supplement Point b, Clause 1, Article 13 as follows:

“b/ Domestic channels allowed to be provided on broadcast services.”

b/ To amend and supplement Clause 2, Article 13 as follows:

“2. The point for receiving signals of political and public information channels must follow the agreement between the press agency licensed for radio or television operations and the service provider. The press agency shall decide on the point for receiving signals from its network operation center or the nearest and most convenient location in conformity with law in order to ensure signal quality and save transmission costs of the service provider.”

6. To amend and supplement Article 14 as follows:

a/ To amend and supplement Clause 1, Article 14 as follows:

“1. Basic service package is a package of services which shall be provided by a pay radio or television service provider to subscribers and stated in service provision contracts, covering  political and essential public information channels and, possibly, domestic and foreign channels, specifically:

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

b/ Local political and essential public information channels shall be delivered to subscribers in the localities where the enterprise provides services based on administrative localities, unless the service provider uses broadcasting transmission technologies incapable of inserting or replacing channels;

c/ Points for receiving signals of political and essential public information channels must follow the agreement between the press agency licensed for radio or television operations and the service provider. The press agency shall decide on points for receiving signals from its network operation center or from the nearest and most convenient location in conformity with law, ensuring signal quality and saving transmission costs of the service provider.

d/ Other foreign and domestic channels shall be decided by the service provider.”

b/ To amend and supplement Clause 3, Article 14 as follows:

“3. On-demand radio or television service package is a service package covering programs and films already broadcast on radio or television channels and on-demand radio or television contents specified in Clause 18, Article 3 of this Decree which have been edited and classified under Clause 1, Article 20a of this Decree.”

c/ To amend and supplement Clause 4, Article 14 as follows:

“4. Value-added service contents already edited and classified under Clause 1, Article 20a of this Decree.”

d/ To add Clause 5 to Article 14 as follows:

“5. In case of provision of on-demand OTT radio and television services, it is not required to deliver national and local political and essential public information channels to subscribers.”

7. To amend and supplement Article 16 as follows:

a/ To amend and supplement Clause 3, Article 16 as follows:

“3. To carry out co-production of programs and channels in the fields specified at Point d, Clause 2, Article 37 of the Law on Press, except news radio or television programs and programs on political issues, national defense, security, and social order and safety.”

b/ To add Points c and d to Clause 5, Article 16 as follows:

“c/ To control and take responsibility for the contents to ensure that all co-produced programs are edited and classified before being broadcast or delivered to other digital media platforms;

d/ To control and take responsibility for activities of partners in the course of co-production of programs and channels.”

8. To amend and supplement Clause 6, Article 17 as follows:

“6. It does not contain overseas built-in advertisements. Advertisements (if any) must be set in Vietnam. Press agencies having editing licenses shall act as focal points for setting advertisements, and take responsibility for the time volumes and contents of advertisements, ensuring compliance with the law on advertising as for pay television channels.”

9. To amend and supplement Point c, Clause 6, Article 18 as follows:

“c/ A legally valid document proving the foreign television agency’s ownership of the channel in accordance with the law of the country where the television agency registers its operation, enclosed with its Vietnamese translation of which the translator’s signature is certified in case such document is in a foreign language;”

10. To amend and supplement Article 19 as follows:

a/ To amend and supplement Clause 1, Article 19 as follows:

“1. The editing of foreign channels must comply with the following provisions:

a/ The editing and management of contents must not contravene Vietnam’s laws on press, cinematography and advertising and other relevant regulations;

b/ The editing and display of content warnings must comply with Vietnam’s laws on children and cinematography, and other relevant regulations.”

b/ To amend and supplement Clause 2, Article 19 as follows:

“2. The translation of contents of foreign channels must respect and preserve the purity of the Vietnamese language.”

11. To add Article 20a as follows:

“Article 20a. Editing, classification and translation of on-demand radio and television contents

1. The editing and classification of on-demand radio and television contents shall be implemented as follows:

a/ For news programs and programs on political issues, national defense, security, and economic and social affairs: These programs must be produced and edited by press agencies licensed for radio or television operations before being delivered to subscribers;

b/ For films: Before delivering films to subscribers, service providers must satisfy conditions for film classification under the Government’s regulations, and take responsibility before law for contents and classification results according to the criteria specified by the Ministry of Culture, Sports and Tourism; in case the providers do not satisfy film classification conditions, they shall request the Ministry of Culture, Sports and Tourism or agencies assigned by the Ministry of Culture, Sports and Tourism to classify films which have not been granted a film classification licenses or broadcasting decisions.

c/ For sports and entertainment programs: These programs must be edited and classified before being delivered to subscribers and displayed with warnings, ensuring that they do not violate the prohibitions prescribed by Vietnam’s law. Service providers shall carry out the editing and classification in adherence to the principles of editing, classification and content warnings under the Ministry of Information and Communications’ regulations and relevant laws.

2. Editing of on-demand radio and television contents:

The editing of foreign films and programs must respect and preserve the purity of the Vietnamese language and not violate the prohibitions prescribed by Vietnam’s law. The translated contents of each type of program (if any) must be edited and classified under Clause 1 of this Article.

3. The Ministry of Information and Communications shall assume the prime responsibility for, and coordinate with related agencies, organizations and enterprises in, preventing the dissemination of on-demand radio and television contents which are not edited and classified under Clause 1 of this Article.”

12. To amend and supplement Article 21 as follows:

a/ To amend and supplement Clause 1, Article 21 as follows:

“1. For broadcast radio and television services

Providers of broadcast radio or television services shall proactively select a list of suitable domestic channels as mentioned in Article 13 of this Decree for delivery to service users and are not required to carry out procedures for registration of the channel list; and notify the channel list using the form provided by the Ministry of Information and Communications serving the making of professional reports and inspection of competent agencies.”

b/ To amend and supplement Clause 3, Article 21 as follows:

“a/ They meet the requirements on copyright specified in Clause 3, Article 22 of this Decree;

b/ They are edited and classified before provide to service users under Clause 1, Article 20a of this Decree;

c/ Advertisements (if any) are edited by service providers to ensure compliance with  Vietnam’s law on advertising and other relevant regulations;

d/ For on-demand radio and television contents, contents of value-added services, and advertisements: Dossiers must be made using the form provided by the Ministry of Information and Communications to serve the making of professional reports and inspection of competent agencies.”

13. To amend and supplement Article 22 as follows:

a/ To amend and supplement Clause 1, Article 22 as follows:

“1. Political and essential public information channels as provided by law may be wholly relayed and broadcast on radio or television in Vietnam under agreements on signal reception points between press agencies licensed for radio or television operations and the service providers.”

b/ To add Clause 3 to Article 22 as follows:

“3. On-demand radio and television contents and value-added service contents must meet the requirements on copyright as follows:

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

b/ Guaranteeing the integrity of programs and films already broadcast on  channels, including also names and logos of these channels;

c/ Ensuring compliance with copyright license contracts or agreements; and the integrity of programs after being edited and classified under Clause 1, Article 20a of this Decree.”

14. To amend and supplement Clause 1, Article 26 as follows:

“1. The Ministry of Information and Communications shall provide reporting regimes and forms of reports on radio and television service provision; delivery of foreign channels on pay radio and television services; production and co-production of programs and channels; and editing and translation of contents delivered to radio and television service users/subscribers.”

b/ To amend and supplement Clause 3, Article 26 as follows:

“3. Units licensed for radio and television operations, channel production, editing of foreign channels, and possessing certificates of registration for delivery of foreign channels on pay radio and television services shall:

a/ Make periodical reports or irregular reports on the production and co-production of programs and channels; editing and translation of contents delivered to radio and television service users/subscribers, delivery of foreign channels on pay radio and television services according to the Ministry of Information and Communications’ regulations;

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

15. To add Clause 7 to Article 29 as follows:

“7. For foreign channels delivered directly via satellite with OTT transmission, service providers licensed to provide pay radio and television services shall establish a signal reception system via Internet transmission for delivery  to the entities specified in Clauses 2 and 3, and at Point b, Clause 4, Article 29 of this Decree, and carry out registration procedures with provincial-level Departments of Information and Communications as for reception of foreign television signals from satellite specified in Article 30 of this Decree.”

Article 2. Amendment and supplementation of provisions of time limits for processing and receipt of dossiers for grant of licenses and certificates

1. To replace the phrase “ 30 working days” with the phrase “24 working days” at Point b, Clause 3 of Article 12, Point b, Clause 3 and Point e, Clause 6 of Article 15, Point h, Clause 6 of Article 18, and Point e, Clause 3, and Point e, Clause 7, of Article 20^[2]; to replace the phrase “20 working days” with the phrase “16 working days” at Point b, Clause 6 of Article 12, Point dd, Clause 5 of Article 15, Point g, Clause 7 of Article 18, and Point dd, Clause 6 of Article 20^[3]; to replace the phrase “15 working days” with the phrase “12 working days” at Point d, Clause 5 of Article 12 and Point dd, Clause 2 of Article 30; to replace the phrase “10 working days” with the phrase “8 working days” at Point c, Clause 7 of Article 12, and Point c, Clause 3 of Article 30; to replace the phrase “the national master plan on press development and management” with the phrase “the State’s strategies, plans and policies on press development and management nationwide” in Clause 1, Article 20 of this Decree.

2. The dossiers specified at point a, Clause 3 and Point c, Clause 5 of Article 12; Point a, Clause 3, Point d, Clause 5, and Point dd, Clause 6 of Article 15; Point g, Clause 6, and Point e, Clause 7 of Article 18; Point dd, Clause 3, Point d, Clause 6, and Point dd, Clause 7 of Article 20; and Point d, Clause 5 of Article 21 of this Decree shall be made in 1 original set, and hand deliver or be sent by post to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) or submitted via the Public Service Portal of the Ministry of Information and Communications (for those containing electronic certifications)

Article 3. Effect

1. This Decree takes effect on January 1, 2023.

2. To annul Point b, Clause 2, Article 12; Point d, Clause 6, Article 18; and Point b, Clause 2, Article 30 on enterprise registration certificates and investment registration certificates.

Article 4. Implementation responsibility

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

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

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
VU DUC DAM