Nghị định 06/2016/NĐ-CP quy định quản lý, cung cấp và sử dụng dịch vụ phát thanh, truyền hình

NGHỊ ĐỊNH

QUẢN LÝ, CUNG CẤP VÀ SỬ DỤNG DỊCH VỤ PHÁT THANH, TRUYỀN HÌNH

Căn cứ Luật Tổ chức Chính phủ ngày 19 tháng 6 năm 2015;

Căn cứ Luật Báo chí ngày 28 tháng 12 năm 1989; Luật sửa đổi, bổ sung một số điều của Luật Báo chí ngày 12 tháng 6 năm 1999;

Căn cứ Luật Viễn thông ngày 23 tháng 11 năm 2009;

Theo đề nghị của Bộ trưởng Bộ Thông tin và Truyền thông;

Chính phủ ban hành Nghị định quản lý, cung cấp và sử dụng dịch vụ phát thanh, truyền hình.

DECREE

MANAGEMENT, PROVISION AND UTILIZATION OF RADIO AND TELEVISION SERVICES

Pursuant to the Law on Government organization dated June 19, 2015;

Pursuant to the Law on the Press dated December 28, 1989; the Law amending and supplementing a number of articles of the Law on the Press dated June 12, 1999;

Pursuant to the Law on Telecommunications dated June 19, 2015;

At the request of the Minister of Information and Telecommunications;

The Government issues this Decree on management, provision and utilization of radio and television services.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree provides detailed provisions of management of information, quality, prices, supply and uses of radio and television services in Vietnam; broadcast of foreign channels via satellite placed in Vietnam.

Article 2. Regulated entities

This Decree applies to Vietnam and foreign entities engaging in management of information, quality, prices, supply and uses of radio and television services in Vietnam; relay foreign channels via satellites placed in Vietnam.

Article 3. Interpretation

For the purpose of this Decree, terms herein shall be construed as follows:

1. Radio and television service means a telecommunications service that is broadcasted on both Vietnamese and foreign channels and provides value-added services added to broadcasting infrastructures to service users. Radio and television services may be directly broadcast to users without analogues such as storage devices, slow motion switch machines (for Internet television services) or upon particular requests of subscribers (for on-demand services).

2. Value-added service of radio and television services means a service that enhances radio and television service utilities.

3. Vietnamese channel means the radio or television channel lawfully produced or co-produced by Vietnamese news agencies licensed to operate in the broadcasting industry (audio and video news).

4. Channel serving essential political propagation means a Vietnamese channel relaying programs serving political propagation in every different stage stipulated by competent state regulatory authorities, including national and local channels.

5. Foreign channel means a radio or television channel lawfully produced by foreign broadcasters and made in foreign languages.

6. Co-production of radio or television programs means cooperation in producing Vietnamese programs or channels between the licensed party and the associate producer by a co-production agreement.

7. Content provider means every licensed news agency that holds the copyright or signs an agreement on transferring copyright on contents that are deemed to be broadcast.

8. Radio and television services provider (hereinafter referred to as “service provider”) means every enterprise that is incorporated under Vietnamese Laws and eligible for provision of such services.

9. Radio and television broadcasting infrastructure (hereinafter referred to as “broadcasting infrastructure”) means a telecommunications network that satisfies requirements for provision of radio and television services.

10. Service user (users) means every entity who possessing terminal devices that satisfies conditions for uses of radio and television services.

11. Subscriber means every end-user enter into an agreement on subscription or contract or the equivalents with the service supplier.

12. Terminal device means a receiver installed at the end of the broadcasting infrastructure at the user’s houses.

13. Terminal device for Paid Radio and Television Services means a terminal device designed to protect and manage contents of such paid radio and television services.

14. Endpoint of the radio and television service means a physical connection point of the telecommunication network satisfying technical regulations and standards on radio and television transmission and broadcasting to ensure the connection of terminal device with telecommunications network and to divide economic and technical limitations between the supplier and user.

15. Transceiver station means broadcasting equipment that is systematized to facilitate the receipt, baseband signal processing and transmission of broadcasting signals to the broadcasting infrastructure.

Article 4. Classification of radio and television services

1. Radio and television services are specified as follows:

a) Terrestrial television service: a type of radio and television services in which broadcasting signal is transmitted by digital terrestrial broadcasting to users;

b) Cable television service: a type of radio and television services in which broadcasting signal is transmitted by cable broadcasting infrastructure to users, including services of analog cable television, digital cable television and Internet protocol television (IPTV);

c) Satellite television services: a type of radio and television services which broadcasting signal is transmitted by satellite broadcasting infrastructure to users;

d) Mobile television service: a type of radio and television services in which broadcasting signal is transmitted by broadcasting infrastructures of mobile terrestrial television, mobile satellite and mobile terrestrial telecommunications networks to users;

dd) Internet radio and television service: a type of radio and television services that is broadcast online via websites having domain names or defined URL managed by the Socialist Republic of Vietnam;

2. Radio and television services specified in clause 1 hereof shall be free or fee-based broadcast to the users. To be specific:

a) Free radio and television service (hereinafter referred to as “free broadcasting service”) means a type of services freely provided to users by eligible providers without any control , management or restrictions on conditions for signal reception;

b) Paid Radio and Television Service (hereinafter referred to as “subscription services”) means a type of services provided to users by licensed providers to which technologies for control, management and limitation to signal reception are applied.

Article 5. Policies on management of radio and television services

1. Expand free broadcasting service nationwide to facilitate public access to national and local radio and television channels (hereinafter referred to as “channel”) serving essential political propagation.

2. Develop paid subscription radio and television market; create fairly competitive environments in order to mobilize social resources with the aim of satisfying the needs of healthy creation and contributing to political propagation.

3. Facilitate the mobilization and utilization of social resources for production of Vietnamese channels that serve the purposes of raising people’s awareness, satisfying the needs for spiritual enjoyment; protecting and upholding Vietnam’s history and culture.

4. Manage the provision of information contents on radio and television services under laws on the press; control broadcasting infrastructure in accordance with laws on telecommunications; manage the operation of radio and television services under provisions hereof.

5. Strengthen the inspection and evaluation of the effectiveness of information contents, service quality by using technical, statistical and modern sociological methods.

6. Facilitate the effective operation of Subscription Television Association and service providers in order to boost radio and television markets in the line with policies and guidance of the Communist Party and laws of the State of Vietnam.

Article 6. State management of radio and television services

1. The Ministry of Information and Telecommunications shall:

a) Take charge of and cooperate to develop and issue within their jurisdiction, or submit legislative documents, strategies, planning and policies on radio and television services of the State of Vietnam to competent authorities;

b) Take charge of and cooperate to develop and issue technical regulations on broadcasting infrastructure within their jurisdiction;

c) Provide state control over charges of radio and television services;

d) Conduct scientific researches compile technical regulations and apply state-of-the-art technologies to radio and television services; provide professional training in radio and television industry;

dd) Manage, conduct and call for international cooperation in radio and television services;

e) Grant, re-grant, extend or revoke licenses and certificates of operation of radio and television services in accordance with the Law on the press and this Decree.

g) Instruct the implementation of regulations on information, reports and statistics, and issue consistent forms used in radio and television services;

h) Manage, inspect, examine, supervise and resolve appeals, denounces and violations against laws on radio and television services within their jurisdiction.

2. Ministries, ministerial-level agencies, People’s Committees of provinces shall cooperate with the Ministry of Information and Communications to conduct the State management of radio and television services within their duties and entitlement.

Chapter II

MANAGEMENT, PROVISION AND UTILIZATION OF RADIO AND TELEVISION SERVICES

SECTION 1: FREE BROADCASTING SERVICES

Article 7. Rights and obligations of free broadcasting service providers

1. Rights of free broadcasting service providers:

a) Be entitled to pick Vietnamese channels for their free broadcasting service in accordance with Article 13 hereof;

b) Be entitled to select suitable telecommunication networks to be broadcasters, if free broadcasting service providers have no telecommunication networks;

c) Be entitled to use specialized tools to add their names and logos to channels in accordance with Article 23 hereof.

2. Obligations of free broadcasting service providers:

a) Reserve transmission capacity for broadcasting free broadcasting service via channels specified in clause 4, Article 13 hereof and according to the assignment by competent authorities;

b) Obey the State's regulations on management of information contents and ownership of copyright of programs and radio and television channels;

c) Comply with operation report regulation of State regulatory authorities of provinces under provisions of laws;

d) Undergo inspection conducted by competent authorities under provisions of laws.

Article 8. Rights and obligations of users of free broadcasting service

1. Rights of users of free broadcasting services:

a) Be entitled to own terminal devices and select free broadcasting service providers:

b) Receive information on free broadcasting service nationwide;

c) Have the right to complain about the service quality to State regulatory authorities.

2. Obligations of users of free broadcasting services:

 Obey the State's regulations on protection for copyright of programs and radio and television channels;

Article 9: Rules for provision of free broadcasting services

1. Propagate free broadcasting services nationwide, especially in remote areas, distant areas, the frontier, islands and extremely-disadvantageous areas.

2. Ensure the uniform across the State’s planning on the press, broadcasting and radio and television services.

3. Ensure the compliance with regulations on management of Internet resources and radio frequencies specified in laws on telecommunications and radio frequencies.

4. Ensure that contents are consistent with regulations on management of information contents prescribed in laws on the press and provisions hereof.

5. Ensure that the quality of radio and television services and equipment are conformable with technical regulations and standards.

SECTION 2: SUBSCRIPTION SERVICES

Article 10. Rights and obligations of television service providers

1. Rights and of subscription service providers shall be specified as follows:

a) Be entitled to select Vietnamese and foreign television channels, on-demand and value-added services;

b) Be entitled to use specialized tools to add their names and logos on their television channels in accordance with Article 23 hereof;

c) Be entitled to select suitable telecommunication networks to be their broadcaster, if subscription service providers have no telecommunication networks;

d) Apply technologies corresponding to each type of services to provide options on “dub” or “subtitle” made by agencies obtaining License to Edit Foreign television Channels.

2. Obligations of subscription service providers:

a) Obey the State's regulations on management of information contents and ownership of copyright on contents programs, television channels and other contents of the subscription services;

b) Obey Vietnam’s regulations on fees, charges, prices and service contracts;

c) Obey provisions stipulated in the granted license for provision of paid radio and television services;

d) Comply with operation report regulation of State regulatory authorities of provinces;

dd) Comply with regulations on ownership under laws on telecommunications, (for subscription service providers having telecommunications networks);

e) Be not allowed to provide or pilot the provision of channels beyond the registered list in any shape or form;

g) Do not sell, purchase, transfer, lease or allow someone to use license for provision of Paid Radio and Television Services in any shape or form;

h) Undergo inspection conduct by competent authorities under provisions of laws.

Article 11. Rights and obligations of subscribers

1. Rights of subscribers:

a) Be entitled to select subscription service providers;

b) Request subscription service providers to provide necessary information related to quality and conditions for registration of utilization of subscription services;

c) Enjoy subscription services corresponding to the quality, fees and other provisions concluded in the contract signed with subscription service providers;

d) Have a right to refuse subscription services, in part or whole, as concluded in the contract;

dd) Receive privacy protection under provisions of laws;

e) Be entitled to complain about service charges and quality; receive refunds and compensation for loss incurred at the subscription service provider’s faults (if the provider fails to deliver their services as prescribed in the contract|).

2. Obligations of subscribers:

a) Promptly and fully pay for subscription service charges;

b) Comply with terms stipulated in the contract on provision of Paid Radio and Television Services;

c) Obey the State's regulations on protection for copyright of programs and channels;

d) Do not provide or re-sell subscription services in any shape or form;

Article 12. Grant of Licenses for Provision of Paid Radio and Television Services

1. Criteria for being granted the License for Provision of Paid Radio and Television Services (hereinafter referred to as “License for Provision of Subscription Service”) shall be specified as follows:

a) Be Vietnamese enterprises.

Foreign-invested enterprises wishing to obtain such License shall have their policies adopted by the Prime Minister;

b) Have plans for provision of subscription services according to the development of radio and television services, planning on transmission and broadcasting, and other planning in the fields of broadcasting and electronic information;

c) Have a License for Establishment of Telecommunications Network or leasing agreement on telecommunications networks that satisfy technical requirements for transmission and broadcasting to their subscribers (for services specified in points a, b, c and Article, clause 1, Article 4 hereof; have a verified domain “.vn” or defined URL ( for services specified in point dd, clause 1, Article 4 hereof);

d) Have the following plans: plans for personnel arrangement, investments in technical equipment; forecast and analysis television service markets; business plans and service charges, estimates of investments and operating cost for at least the first 02 years; proofs of charter capital or the equivalent;

dd) Have plans for establishment of transceiver stations of all Vietnamese and foreign channels, except for channels specified in the list of channels serving essential political propagation of provinces: including plans for engineering design for signal processing systems, Ethernet transmission equipment, subscriber service controllers and content protectors;

e) Apply state-of-the-art technologies which are conformable with the State’s regulations on technical regulations and standards to ensure service quality and information security; plans for handling technical errors to ensure the continuity of the services and subscribers’ benefits;

g) Compile a list of expected Vietnamese channels (excluding those specified in clause 4, article 13 hereof), and foreign channels, on-demand programs and value-added content that are expected to be broadcast via paid radio and television channel (hereinafter referred to as “subscription service”) enclosed with the written consent of their content provider;

h) Obtain an agreement on locations of receivers of channels in accordance with point c, clause 1, Article 14 hereof.

2. An application for a License Provision of Paid Radio and Television Services:

a) An application form for the License for Provision of Paid Radio and Television Services (hereinafter referred to as “License for Provision of Subscription Service”) using the forms stipulated by the Ministry of Information and Communications;

b) A certified true copy or a copy enclosed with its original of for comparison of the latest Certificate of Enterprise Registration, and Investment Registration Certificate (if any);

c) A plan for provision of dubbing services: types of services, scope of service, techniques for providing online and on-demand services (if any); predictions of rights and obligations of parties to the contract on provision and application of services and other terms specified in points b, d, dd, e, g, h, clause 1 hereof;

d) A license for Establishment of Telecommunications Network or leasing agreement on telecommunications networks during the effective period of the license for Establishment of Telecommunications Network specified in points a, b, c, Article clause 1, article 4 hereof; a copy of the Certificate of registration of “.vn” domain or defined URL (for services specified in point dd, clause 1, Article 4 hereof);

For subscription service providers having no telecommunications networks specified in points a, b, c and Article clause 1, Article 4 hereof, such providers shall develop regulation on cooperation with units having telecommunications networks or technical solutions to handle errors and ensure the quality and continuity of the service;

dd) An application for registration of lists of programs being broadcast via Paid Radio and Television Services under clause 5, Article 21 hereof;

e) A certified true copy or copy enclosed with its original of an agreement on locations of receivers of channels under point c, clause 1, Article 14 hereof.

3. Procedures for grant of Licenses for Provision of Subscription Services:

a) The applicant shall submit 02 applications (01 copy and 01 original) to the Ministry of Information and Communications directly or by postal system and the applicant must be responsible for the accuracy and honesty of their application;

b) Within 30 working days from the date of receipt of the valid application, the Ministry of Information and Communications shall consider granting a License for Provision of Subscription Services; in case of rejection, the Ministry of Information and Communications shall send the applicant a written notice in which reasons for rejections shall be specified.

4. Duration of the License for Provision of Subscription Services:

a) A License for Provision of Subscription Services shall be valid up to 10 years from the date of issue but not exceeding the effective period specified in the License for Establishment of Telecommunications Network or leasing agreement on telecommunications networks (for services specified in points a, b, c, Article clause 1, article 4 hereof); a copy of Certificate of registration of “.vn” domain or defined URL (for services specified in point dd, clause 1, Article 4 hereof);

b) If the licensed subscription service provider does not start providing subscription services after 01 years from the effective date of the license, the license shall be null and void. The Ministry of Information and Telecommunications shall be responsible for the issuance of Decision on withdrawal of such License;

If such subscription service provider wishes to keep providing subscription services, he/she shall follow the procedure for grant of the license as specified in clause 2 and 3 of this Article.

5. Applications and procedures for amendment and supplement to Licenses for Provision of Subscription Services:

a) In case of changes in transceiver stations, technologies or types of services, the licensed subscription service provider shall follow the application and procedure for amendment and supplement to the license as specified in clause 2 and 3 of this article;

b) Changes in the scope of the License for Provision of Subscription Services, the provider shall submit an application for changes in which the scope of changes shall be specified;

c) The applicant shall submit 2 applications (01 copy and 01 original) to the Ministry of Information and Communications directly or by postal system;

d) Within 15 working days from the date of receipt of the valid application, the Ministry of Information and Communications shall consider granting a new License for Provision of Subscription Services; in case of rejection, the Ministry of Information and Communications shall send the applicant a written notice in which reasons for rejections shall be specified.

dd) In case of changes in headquarters, legal representatives, Certificates of Enterprise Registration, Investment Registration Certificates, subscription service providers shall submit a written notification to licensing agencies within 30 days from the day on which such changes occur.

6. Extension of the License for Provision of Subscription Services:

a) 60 days prior to the expiry date of the license, the subscription service provider wishing to have his/her license extended shall submit a written request for extension in which duration for extension shall be specified enclosed with a copy of the license or reference number of the current license to the Ministry of Information and Communications;

b) Within 20 working days from the date of receipt of the valid application, the Ministry of Information and Communications shall consider granting an extension to the License for Provision of Subscription Services. In case of rejection, the Ministry of Information and Communications shall send the applicant a written notice in which reasons for rejections shall be specified.

c) A License for Provision of Subscription Services shall be entitled to be extended only once and valid within 05 years but not exceeding the effective period specified in license for establishment of telecommunications network or leasing agreement on telecommunications networks (for services specified in points a, b, c, Article clause 1, article 4 hereof); a copy of the “.vn” SSL certificate or defined URL (for services specified in point dd, clause 1, Article 4 hereof);

7. Applications and procedures for re-grant of Licenses for Provision of Subscription Services:

a) Where the License for Provision of Subscription Services is invalid or needs extending, the provider shall follow the application and procedure for grant of the license as specified in clause 2 and 3 of this article;

b) In case of loss or damage to the License, the licensed subscription service provider shall submit a written request for re-grant of the license to the Ministry of Information and Telecommunications. The written request shall specify the reference number, date of issue and reasons for request for re-grant of the license. In case the License for Provision of Subscription Services is damaged, the licensed provider must submit his damaged license to the Ministry of Information and Telecommunications.

b) Within 10 working days from the date of receipt of the request, the Ministry of Information and Communications shall consider re-granting a new License for Provision of Subscription Radio Services. In case of rejection, the Ministry of Information and Communications shall send the applicant a written notice in which reasons for rejections shall be specified.

Chapter III

MANAGEMENT OF INFORMATION CONTENTS OF RADIO AND TELEVISION SERVICES

Article 13. Information contents of free broadcasting services

1. The content of a free broadcasting service includes:

a) National and local channels serving essential political propagation;

b) Other Vietnamese channels.

2. The location of a receiver of a channel serving essential political propagation shall be at the Network Operation Center of the service provider upon the mutual agreement between the content provider and free broadcasting service provider or shall be placed in the most favorable location that is conformable with provisions of laws undertaken by the content provider in order to ensure quality of signals and save transmission costs.

3. The radio and television service provider (hereinafter referred to as “service provider”) shall ensure the status quo of channels, excluding the name and logo of the provider in order for service identification as stipulated in Article 23 hereof.

4. The Ministry of Information and Communications shall specify lists of national and local television channels serving essential political propagation according to the purpose and principle of each channel and requirements for essential political propagation in each specific period.

Article 14. The broadcasting content of subscription services

The broadcasting content of subscription services shall be defined in the following services or service packages:

1. Basic service package means a package of services containing channels for essential political propaganda under the State's provisions to which subscription service providers must provide to their subscribers and such package must be prescribed in contracts on provision of subscription services. To be specific:

a) National channels serving essential political propagation must be offered to all subscribers;

b) Local channels serving essential political propagation must be offered to all subscribers within the province where the subscription service provider is located, except for subscription service providers applying transmission technologies that are incapable of inserting or replacing channels.

c) The location of a receiver of a channel serving essential political propagation may be at the Network Operation Center of the service provider or the most favorable location that is conformable with provisions of laws upon the agreement between the content provider and service provider. The content provider shall be responsible for the location of such receiver to ensure quality of signals and save transmission costs of the service provider.

2. Pro service package means a package of services of Vietnamese and foreign channels designated by subscription service providers.

3. On-demand package means a package of services provided to subscribers according to subscribers' demand, including the broadcasting content developed by their content providers, and copyright images and sound edited by the content provider.

4. The content providers shall take responsibilities for the broadcasting content of value-added services included in radio and television services towards laws.

Article 15. Grant of Licenses for Production of Vietnamese channels

1. Entities applying for Licenses for Production of Vietnamese channels (hereinafter referred to as “applicant”) shall be news agencies obtaining Licenses for Operation in Broadcasting Industry.

2. An application for a License for Production of Vietnamese channels

a) An application form for grant of the License for Production of Vietnamese channels using the form compiled by the Ministry of Information and Communications;

b) A copy or reference number of the License for Operation in Broadcasting Industry;

c) A proposal for production of a television channel which specifies: the purposes of production, name and logo, principles and purposes of the television channel, contents, image resolution; expected 01-month broadcast schedule, audiences, capabilities to produce the channel (including: personnel, facilities, equipment and finance), processes of production and management of contents, methods of distribution the channel to service providers and socio-economic impact;

d) With regard to channels produced by Vietnamese producers in cooperation with foreign entities: the proposal of such channel must specify the address, capabilities of the co-producer; forms of co-production; rights and obligations of c parties to the co-production agreement;

dd) A written consent to the proposal for production of the channel granted by the governing body (for news agencies of provinces or Ministries and Departments); or by the Head of the news agency (for central news agencies);

e) With regard to application for multiple channels: the application form must enclose with the proposal for each particular channel.

3. Procedures for grant of Licenses for Production of Vietnamese channels:

a) The applicant shall submit 02 applications (01 copy and 01 original) to the Ministry of Information and Communications directly or by postal system and shall be responsible for the accuracy and honesty of their applications;

b) Within 30 working days from the date of receipt of the valid application, the Ministry of Information and Communications shall consider granting a License for Production of Vietnamese channels. In case of rejection, the Ministry of Information and Communications shall send the applicant a written notice in which reasons for rejections shall be specified.

4. Duration of Licenses for Production of Vietnamese channels:

a) A License for Production of a Vietnamese channel shall be valid up to 10 years from the date of issue but not exceeding the effective period of the License for Operation in Broadcasting Industry. Entities obtaining Licenses for Production of Vietnamese channels are entitled to provide channels produced by themselves according to their Licenses and distribute such channels to service providers nationwide;

b) If the licensed entity does not start producing the registered channel after 90 days from the effective date of the license, such license shall be null and void. If such entity wishes to continue to start production of the channel, he/she shall follow the application and procedure for grant of the license as specified in clause 2 and 3 hereof.

5. Applications and procedures for amendment and supplement to Licenses for Production of Vietnamese channels:

a) In case of changes in principles and purposes of the channel, the licensed entity shall follow the application and procedure for amendment and supplement to the license as specified in clause 2 and 3 hereof.

b) In case of changes in the scope of production specified in the license, the licensed entity shall submit a written request enclosed with the description of changes, and a written consent to changes granted by the governing body (for news agencies of provinces or Ministries and departments); or a written request for changes signed by the Head of the news agency (for central news agencies);

c) Adjustment to duration of the channel: for self-produced programs, the licensed entity shall submit a proposal in which name, contents, time, the adjustment to duration of the program shall be specified; the expected 01-month broadcast schedule and a plan for production of programs whose duration is lengthened.

d) The applicant shall submit 2 applications (01 copy and 01 original) to the Ministry of Information and Communications directly or by postal system;

dd) Within 20 working days from the date of receipt of the valid application, the Ministry of Information and Communications shall consider granting a new license. In case of rejection, the Ministry of Information and Communications shall send the applicant a written notice in which reasons for rejections shall be specified.

6. Applications and procedures for re-grant of Licenses for Production of Vietnamese channels:

a) The licensed entity that wishes to keep producing their channel shall follow the procedure and application for re-grant of Licenses for Production of Vietnamese channels 90 days before the date on which the current license is invalid.

b) The application for re-grant of the License for Production of Vietnamese channels shall be signed by the Head of the news agency (for central news agencies); for news agencies of provinces or Ministries and Departments, their applications shall be enclosed with written requests for re-grant of the License;

c) A copy or the reference number of the current License for Production of Vietnamese channels;

d) A report on evaluation of production of channels from the day on which the license is granted (including the statistics of the channel effectiveness, lists of programs or news bulletins being broadcast on the channel; lists of directorates of professional or channels departments; lists of editors and reporters responsible for producing the television channel);

dd) The applicant shall submit 2 applications (01 copy and 01 original) to the Ministry of Information and Communications directly or by postal system;

e) Within 30 working days from the date of receipt of the valid application, the Ministry of Information and Communications shall consider re-granting a License for Production of Vietnamese channels. In case of rejection, the Ministry of Information and Communications shall send the applicant a written notice in which reasons for rejections shall be specified.

Article 16. Co-production of radio and television services

1. The producer obtaining the License for Production of Vietnamese channels shall be entitled to select an organization being their partner that has legal persons and is incorporated in accordance with Vietnamese Laws to co-produce a program or channel, in part or whole, and shall be responsible for their selected partner.

2. Benefits of co-producers means profits from advertising, sponsorship or other lawful revenue earned from broadcasting of co-production programs or channels by the licensed entity as such co-production programs and channels are broadcast.

3. No co-production of news-politics programs is allowed.

4. The duration of co-production programs broadcasting on channels serving essential political propagation designated by the State and combined news –politics channels shall not exceed 30% of the total duration of the first broadcast under the License for Production of such Channels.

5. Licensed entity that goes into co-production of radio or television programs or channels shall:

a) Determine the broadcasting contents of co-production programs or channels to ensure the conformity with laws on the press;

b) Submit a written report on the new co-production program.

Article 17. Foreign channels broadcast on subscription services

 Foreign channels broadcasting on subscription services in Vietnam shall satisfy the following requirements:

1. The number of foreign channels broadcasting on subscription television in Vietnam shall not exceed 30% of the total number of channels.

2. The foreign channel must contain healthy broadcasting content that is consistent with Vietnamese culture and comply with Vietnamese Laws on the press.

3. The foreign channel has satisfied requirements for ownership and copyright as such channel is broadcast on the subscription television in Vietnam.

4. The foreign television channel provider has the Certificate of registration of provision of subscription services in Vietnam under Article 15 hereof.

5. The broadcasting content of such channel must be edited and translated by an agency obtaining a License to Edit Foreign channels and such agency shall take responsible for the content of their translations and editing.

6. Add-on advertisements shall not include. Advertisements (if any) must be produced in Vietnam and comply with Vietnamese Laws on advertising; the agency licensed to edit foreign channels shall be responsible for the content of advertisements.

7. The foreign channel provider must set up their authorized agent in Vietnam that delivers financial obligations under Vietnamese Laws.

Article 18. Application for provision of foreign channels on subscription service users

1. Foreign broadcasters distributing their channels to Vietnam with royalties shall have their authorized agents apply for provision of such channels and fulfill financial obligations to the State of Vietnam.

2. If a foreign broadcaster authorizes multiple agents to carry out hereinabove tasks, such foreign broadcaster shall specify the scope of authorization.

3. With regard to foreign channels free from royalties, the foreign broadcaster shall have their content edited and translated under provisions of laws without any assistance from the authorized agent in Vietnam.

4. Authorized agents shall be Vietnamese agents and authorized to provide foreign channels on subscription services.

5. The authorized agent shall apply for provision of foreign channels on subscription services in Vietnam to the Ministry of Information and Communications.

6. Applications and procedures for Certificates of Registration of Provision for Foreign channels:

a) An application form for provision of foreign channels broadcast on subscription services using the forms stipulated by the Ministry of Information and Communications;

b) A certified true copy of the License for Operation of the foreign broadcaster being the owner of the foreign channel enclosed with Vietnamese translation;

c) Legal and valid documents or a certificate of ownership of the channel granted by competent authorities of the country where the foreign broadcaster operates enclosed with a certified true copy of Vietnamese versions (if documents are made in foreign languages);

d) A certified true copy or a copy enclosed with its original of for comparison of the Certificate of Enterprise Registration, and Investment Registration Certificate (if any) of the authorized agent;

dd) A certified true copy or a copy enclosed with its original of for comparison of certificates of appointments as authorized agent to distribute foreign channels on subscription services (if certificates or documents are made in foreign languages);

e) A description of the content of the channel, 01-month broadcast schedule of the channel made by foreign broadcaster, and a certified true copy of the Vietnamese version (if the description is made in foreign languages);

g) The applicant shall submit 02 applications (01 copy and 01 original) to the Ministry of Information and Communications directly or by postal system and the applicant must be responsible for the accuracy and honesty of their applications;

h) Within 30 working days from the date of receipt of the valid application, the Ministry of Information and Communications shall consider granting a Certificate of Registration of Provision of Foreign channels via subscription services in which requirements for the licensed foreign channel editing and translating shall be specified;

i) The Certificate of Registration of Provision of Foreign channels on subscription services shall be valid up to 05 years from the date of issue but not exceeding the effective period stated agreement on appointments as the authorized agent. In case of rejection, the Ministry of Information and Communications shall send the applicant a written notice in which reasons for rejections shall be specified.

7. Applications and procedures for amendment and supplement to Certificates of Registrations of Provision of Foreign channels:

a) In case of changes in types or content of the program or channel, the licensed entity shall follow the application and procedure for amendment and supplement to the certificate as specified in clause 6 of this article;.

b) For changes other than those specified in point a, clause 7 of this Article, the licensed entity that requests for amendment to the Certificate of Registration of Provision of Foreign channels of the authorized agent shall specifies reasons for changes enclosed with descriptions and satisfies requirements prescribed in points c, d, dd of this clause;

c) Documents on certification of changes;

d) A copy or the reference number of the current Certificate of Registrations of Provision of The Foreign channel;

dd) A description of contents of the channel, time of broadcast, 01-month broadcast schedule made by foreign broadcaster, and enclosed with a certified true copy of the Vietnamese version (if the description is made in foreign languages) in case of amendments or supplements related to the broadcast schedule and duration ;

e) The applicant shall submit 02 applications (01 copy and 01 original) to the Ministry of Information and Communications directly or by postal system and the applicant must be responsible for the accuracy and honesty of their application;

h) Within 20 working days from the date of receipt of the valid application, the Ministry of Information and Communications shall consider granting a new Certificate of Registration of Provision for Foreign channels on subscription television;
In case of rejection, the Ministry of Information and Communications shall send the applicant a written notice in which reasons for rejections shall be specified.

8. The authorized agent shall:

a) Comply with provisions specified in the Certificate of Registration of Provision of Foreign channels on subscription services granted by the Ministry of Information and Communications;

b) Fulfill their financial obligations under provisions of laws.

Article 19. Editing and translating foreign channels on subscription services

1. Every foreign channel broadcast on subscription services in Vietnam shall be edited and controlled to ensure the conformity of contents of such channel with Vietnamese Laws on the press and advertising, excluding live sport matches, opening and closing ceremonies of regional and international sport matches.

2. Translation shall be exercised according to types of foreign channels. To be specific:

a) Translation of the entire contents of dramas and cartoons;

b) Translation of the entire reporting programs and documentary film programs on synthetic entertainment channels, music, science and education channels.

3. The Ministry of Information and Communications shall classify foreign channels broadcast through subscription services.

Article 20. Grant of Licenses to Edit Foreign channels broadcast via subscription services

1. Licenses to edit foreign channels (hereinafter referred to as “License”) that are broadcast via subscription television shall be granted to each foreign channel in accordance with the planning on the nationwide development and management of the press.

2. Criteria for being granted Licenses:

a) Be news agencies obtaining Licenses for Operation in Broadcasting Industry;

b) Obtain a written consent and request for grant of Licenses to Edit Foreign channels of the governing body ( for news agencies of provinces or Ministries and departments); or a written request for grant of the License signed by the Head of the news agency (for central news agencies);

c) Have qualified personnel specialized in journalism who obtain press cards and acquire high proficiency in languages corresponding to the languages of foreign channels that they apply for License;

d) Have technical capacity for editing, including slow motion switch machines, storage devices and systems for signal reception and broadcasting that facilitates channel editing; ensure such channel is edited and translated within the territory of Vietnam in accordance with provisions prescribed in Article 19 hereof;

dd) Demonstrate the financial capability via annual editing and translating estimates and proofs of financial resources to ensure that editing work and translation are conducted within the budget;

e) Obtain the copyright or License to broadcast the foreign channel to Vietnam in accordance with Vietnamese Laws.

3. Applications and procedures for grant of Licenses:

a) An application form for the License using the forms stipulated by the Ministry of Information and Communications;

b) A copy or reference number of the License for Operation in Broadcasting Industry;

c) A proposal for editing the foreign channel satisfying provisions of points a, d, dd, clause 2 of this article enclosed with an estimate of editing adopted by the governing body ( for news agencies of provinces and Ministries or Departments), or adopted by the Head of the news agency ( for Central news agencies);

d) A certified true copy or a copy enclosed with its original of the copyright transfer agreement for comparison. The copyright transfer agreements made in foreign languages shall be translated into Vietnamese and have the translation certified as true.

dd) The applicant shall submit 02 applications (01 copy and 01 original) to the Ministry of Information and Communications directly or by postal system and the applicant must be responsible for the accuracy and honesty of their application;

e) Within 30 working days from the date of receipt of the valid application, the Ministry of Information and Communications shall consider granting the License; In case of rejection, the Ministry of Information and Communications shall send the applicant a written notice in which reasons for rejections shall be specified.

4. Duration of licenses:

The License shall be valid up to 10 years from the date of issue but not exceeding the duration stated in the License for Operation in Broadcasting Industry and the time limit stated on the copyright transfer agreement.

5. In case of changes in types or contents of the foreign channel, the licensed entity shall follow the application and procedure for amendment and supplement to the License as specified in clause 3 of this article;

6. Applications and procedures for amendment and supplement to Licenses:

a) An application for amendments and supplements to the License enclosed with a description of the scope of amendment and supplement signed by the head of the news agency in respect of amendments and supplements other than those specified in clause 5 of this Article. For news agencies of provinces or Ministries and Departments, their applications shall be adopted by their governing body;

b) A copy or the reference number of the current License;

c) A description of the content of the channel, time of broadcast, 01-month broadcast schedule made by the foreign broadcaster, and enclosed with a certified true copy of the Vietnamese version (if the description is made in foreign languages) in case of amendments or supplements related to the broadcast schedule and duration;

d) The applicant shall submit 2 applications (01 copy and 01 original) to the Ministry of Information and Communications directly or by postal system;

dd) Within 20 working days from the date of receipt of the valid application, the Ministry of Information and Communications shall consider granting a new License; In case of rejection, the Ministry of Information and Communications shall send the applicant a written notice in which reasons for rejections shall be specified.

7. Applications and procedures for re-grant of Licenses:

a) The licensed entity that wishes to keep editing the foreign channels shall apply for re-grant of the License 90 days before the expiry date of the current License.

b) An application form for re-grant of the License using the form stipulated by the Ministry of Information and Communications;

c) A copy or the reference number of the current License;

d) A report on editing work from the date of issue of the License, including self-evaluation of the effectiveness of editing work, personnel and equipment, and advantages and disadvantages in editing work;

dd) the applicant shall submit 02 applications (01 copy and 01 original) to the Ministry of Information and Communications directly or by postal system and must be responsible for the accuracy and honesty of their application;

e) Within 30 working days from the date of receipt of the valid application, the Ministry of Information and Communications shall consider re-granting the License; In case of rejection, the Ministry of Information and Communications shall send the applicant a written notice in which reasons for rejections shall be specified.

Article 21. Registration of lists of programs broadcasted via radio and television services

1. With regard to free broadcasting services:

The free broadcasting service provider shall be entitled to pick Vietnamese channels from the list of Vietnamese channels under Article 13 hereof and shall be relieved from registration of broadcasting contents.

2. With regard to subscription services:

a) Subscription service providers shall submit a register of programs of both Vietnamese and foreign channels broadcast via subscription services;

b) Subscription service providers may exempt from registration of lists of on-demand and value-added programs broadcast via subscription services; On-demand and value-added programs being broadcast via subscription services must satisfy requirements stipulated in clause 3 of this article;

3. Requirements for on-demand and value-added programs:

a) Have the proof of legal copyright under provisions of laws;

b) Be edited by news agencies obtaining Licenses for Operation in Broadcasting Industry prior to broadcasting;

c) Have program logs used for operation reporting and inspection conducted by competent authorities

4. During the broadcast via subscription services, where differences in comparison with registered programs, the subscription service providers shall submit an application for changes in registered programs;

5. The first registration and new application for changes in the current lists of programs broadcast via subscription services:

a) A declaration and an application for changes in the current lists of programs being broadcast via subscription services using the form issued by the Ministry of Information and Communications;

b) A certified true copy or a copy enclosed with its original of for comparison of the copyright transfer agreement of the channels broadcast on subscription radio and television;

c) A certified true copy or a copy enclosed with the original agreement on receiver locations of television channels serving essential political propaganda for comparison;

d) The applicant shall submit 2 applications (01 copy and 01 original) to the Bureau of Broadcasting and Electronic Information - Ministry of Information and Communications directly or by postal system;

6. Procedures for grant of Certificates of Registration of Programs:

a) With regard to the first registration that is concurred with the application for the License for provisions of subscription services: After grant of the Certificate of Provision of Subscription Services, the Bureau of Broadcasting and Electronic Information - Ministry of Information and Communications shall consider granting a Certificate of Registration of Broadcasting Contents;

b) With regard to applications for changes in the current lists of programs:
The time limit for consideration of grant of a new certificate of registration shall be 15 days. The applicant shall submit 2 applications (01 copy and 01 original) to the Bureau of Broadcasting and Electronic Information - Ministry of Information and Communications directly or by postal system;
In case of rejection, the Department of Information and Communications shall send the applicant a written notice in which reasons for rejections shall be specified

Article 22. Copyright of programs broadcasted via subscription services

1. Television channels serving essential political propagation are entitled to be completely transmitted and broadcasted via radio and television services within the territory of Vietnam without any agreement on copyright.

2. Other subscription channels shall satisfy the following requirements:

a) Have proof of legal copyright under provisions of laws;

b) Ensure the status quo of subscription channels, excluding the name and logo of the subscription service provider as stipulated in Article 23 hereof.

Article 23. Names and logos of service providers:

Every service provider shall add their name and logos to their channels for service identification that satisfies the following requirements:

1. Be easy-to identify

2. Do not exceed 10 characteristics and do not have the same name and logo as those registered before.

3. Place at one of 4 corners of the screen and do not overlap the logos of the content provider or television channel.

4. Obtain a certificate or commitment to intellectual property under provisions of laws on copyright of logos. The logo of a subscription service provider must be registered together with the application for Licenses for Provision of Subscription Services or amendment or supplements to the License for Provision of Subscription Services.

5. Do not add names and logos to channels serving essential political under the State regulations.

6. Select and propose at least 2 channels from the list of channels to be added with names and logos for service provider.

Chapter IV

TECHNICAL SPECIFICATIONS, QUALITY, OPERATION REPORTS AND PRICE OF SERVICES

Article 24. Standard systems of radio and television equipment and services
Standard systems of radio and television equipment and services include:

1. Terminal devices

2. Baseband signal encoding devices.

3. Baseband signal multiplexers.

4. Firewall devices at transceiver centers.

5. Routers at transceiver centers.

6. Subscriber controllers.

7. Content protectors

8. Satellite television services

9. Terrestrial television services

10. Analog cable television services.

11. Digital cable television services.

12. Internet protocol television services (IPTV).

13. Terrestrial mobile television services

14. Mobile satellite television services

15. Mobile television services via terrestrial mobile telecommunications networks.

16. Internet radio and television services.

Article 25. Management of quality of radio and television equipment and services

1. Assessment of conformity with technical regulations and standards of radio and television equipment and services shall be carried out as follows:

a) Every type of radio and television equipment must have a certificate of conformity or declaration of conformity and bear a conformity marking before being launched into the market.

b) Radio and television services specified in clauses 8, 9, 10, 11, 12, 13, 14, 15, 16; Article 24 hereof shall undergo the declaration, inspection and assurance of quality in accordance with regulations of the Ministry of Information and Communications.

2. The Ministry of Information and Telecommunications shall:

a) Issue a list of radio and television equipment that shall undergo certification of conformity in each period;

b) Provide specific regulations on conformity assessment of radio and television equipment;

c) Establish procedures for quality announcement and regulations on management of quality control, inspection and supervision of radio and television equipment and services.

Article 26. Operation reports

1. The Ministry of Information and Communications shall issue operation report regulation and reporting forms for service providers; and regulations on co-production of programs or channels of Vietnamese producers.

2. Service providers shall:

Periodically and irregularly report activities in provision of television services upon requests of the Bureau of Broadcasting and Electronic Information - Ministry of Information and Communications and the Department of Information and Telecommunications of the province where such services operates.

Prove the accuracy of reported contents and figures upon requests of competent authorities.

3. Vietnamese producers shall:

Periodically and irregularly submit reports on co-production of programs and channels upon requests of the Bureau of Broadcasting and Electronic Information - Ministry of Information and Communications;

Prove the accuracy of reported contents and figures if requested by competent authorities.

4. The Bureau of Broadcasting and Electronic Information - Ministry of Information and Communications shall utilize operation reports for the purposes of State regulatory works in the fields of provision of television services and co-production of television programs;

Article 27. Service charges

1. The Ministry of Information and Communications shall set the economic –technical quotas for Vietnamese transmission and broadcasting serving essential political propaganda via free broadcasting service.

2. Charges of Paid Radio and Television Services shall be published under regulations of laws. To be specific:

a) Subscription service providers shall publish their schedules of charges of services or service packages enclosed with information and basic technical specifications of such services, or service packages;

b) Locations for putting up such schedules of charges shall be business establishments having transaction counters and other places designated by subscription service providers under provisions of laws.

Chapter V

DIRECT-BROADCAST SATELLITE TELEVISION

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

Users are entitled to have satellite receivers installed to watch television channels within satellite television services without registration to competent authorities.

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

1. Reception of satellite signals transmitted from direct-broadcast satellite that are beyond the scope of radio and television services of Vietnam means the direct reception of signals from satellite to watch overseas televisions without being edited by news agencies.

2. The following entities are entitled to receive overseas television signals from the direct-broadcast satellites for their operation:

a) The Communist Party, the State of Vietnam, central socio-political organizations and socio-political organizations of provinces;

b) News agencies;

c) Foreign diplomatic missions located in Vietnam;

d) Representative offices, permanent offices of news agencies or foreign news agencies located in Vietnam.

3. For organizations other than those specified in clause 2 of this article employing foreign workers, foreigners and foreigner’s households may watch channels from direct-broadcast satellites only when such programs have not been broadcasted by any local subscription service provider of Vietnam where their satellite receivers are installed.

4. Every agency obtaining Licenses for Provision of Subscription Services is entitled to be appointed as a focal point to sets up the system of direct-broadcast satellite television and distribute to the following types of users:

a) Entities specified in clauses 2 and 3 of this Article that are unaffordable to or have no demand for installation of their own satellite receivers;

b) Hotels that are incorporated and foreigners stay therein.

5. Entities specified in clauses 2 and 3 and point b, clause 2 of this Article shall register for reception of direct-broadcast satellite television at the Department of Information and Telecommunications of the province where the satellite receiver is installed.

6. The enterprise obtaining a License for Provision of Subscription Services or agreement or contract to provide users specified in clause 4 of this article unedited direct-broadcast satellite television shall submit an application for appointment as the focal point for systematism of direct-broadcast satellite television to Department of Information and Communications of the province where the satellite receiver is installed.

Article 30. Procedures for grant of registration of reception of direct-broadcast satellite television

1. The Department of Information and Communications of the province shall manage and consider granting a registration of reception of direct-broadcast satellite television within their administration:

2. Applications and procedures for reception of direct-broadcast satellite television shall be prescribed as follows:

a) A declaration using the forms stipulated by the Ministry of Information and Telecommunications;

b) A certified true copy or copy enclosed with its original of the following documents: a License for Establishment or the equivalent (for organizations specified in clause 2, Article 29 hereof); a Certificate of Enterprise Registration, Certificate of Investment (if any) (for organizations), a Permanent Residence Card or the equivalent (for foreign households and individuals specified in point b, clause 2, Article 29 hereof); a Certificates of Registration of Hotels ( for hotels specified in point b, clause 4, Article 29 hereof); Licenses for Provision of Subscription Services for television service providers specified in clause 6, Article 29 hereof);

c) A certified true copy or copy enclosed with its original agreement on leasing or borrowing a location for installation of equipment case such equipment is installed in a locations other than those specified in the License for Establishment, Investment Registration Certificate, Certificate of Enterprise Registration, Permanent Residence Card and License For Provision of Subscription Services;

 One original application shall be submitted to the Department of Information and Communications of the province where direct-broadcast satellite television is set up directly or by postal system;

Within 15 working days from the date of receipt of the valid application, the Department of Information and Communications of the province shall consider granting a Certificate of Registration of Direct-Broadcast Satellite Television. In case of rejection, the Department of Information and Communications shall send the applicant a written notice in which reasons for rejections shall be specified.

e) An application form for Certificate of Registration of Direct-Broadcast Satellite Television using the form promulgated by the Ministry of Information and Communications;

g) the certificate of Registration of Direct-Broadcast Satellite Television shall be valid up to 05 years from the date of issue but not exceeding the effective period stated on the License for Establishment, Investment Registration Certificate, Certificate of Enterprise Registration, Permanent Residence Card and License for Provision of Subscription Services;

3. Applications and procedures for amendment and supplementation to the Certificate of Registration of Direct-Broadcast Satellite Television shall be specified as follows:

a) A written request which specified the scope of amendments and supplements; or a certified true copy or its original of the Certificate of Ownership or agreement on leasing or borrowing the new location for comparison (for changes in installation location);

b) The applicant shall submit 01 original application to the Department of Information and Communications of the province satellite receiver is installed directly or by postal system;

c) Within 10 working days from the date of receipt of the valid application, the Department of Information and Communications of the province shall consider granting a Certificate of Registration of Direct-Broadcast Satellite Television. In case of rejection, the Department of Information and Communications shall send the applicant a written notice in which reasons for rejections shall be specified.

Chapter VI

IMPLEMENTATION

Article 31. Entry into force

1. This Decree comes into effect from March 15, 2016.

2. The following legislative documents and regulations shall be null and void from the day on which this Decree takes effect:

a) The Decision No.20/2011/QD-TTg on management of subscription television services dated March 24, 2011 of the Prime Minister;

b) The Decision No. 18a/2013/QD-TTg dated March 29, 2013 of the Government amending and implementing a number of articles of regulations on management of subscription television services promulgated in the Decision No. 20/2011/QD-TTg dated March 24, 2011 of the Prime Minister;

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

d) Articles 10, 11 and 12 of the Circular No.07/2011/TT-BTTTT detailing and providing guidance on grant of License for the Press Activities;

3. Within 12 month from the effective date of this Decree, any enterprise providing subscription television services and having broadcasting infrastructure without the License for Establishment of Telecommunications Networks that wished to keep providing subscription services shall apply for the License for Establishment of Telecommunications Networks and a License for Provision of Subscription Services.

4. The License and certificate that are granted in accordance with the Decision No.20/2011/QD-TTg dated March 24, 2011 of the Prime Minister shall be valid until their expiry dates.

Article 32. Responsibilities for implementation

1. The Minister of Information and Communications shall provide instructions and inspection of the implementation of this Decree.

2. Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the People’s Committees of provinces and relevant agencies shall be responsible for the implementation of this Decree./.