Chương II Nghị định 06/2016/NĐ-CP: Quản lý, cung cấp và sử dụng dịch vụ phát thanh, truyền hình

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.