Chương II Thông tư 36/2016/TT-BTTTT: Cấp phép hoạt động báo nói, báo hình

Chapter II

LICENSING OF AUDIO PRESS AND VISUAL PRESS ACTIVITIES

Article 5. Dossier and procedures for grant of a radio activity permit or television activity permit

1. An agency or organization applying for radio activity permit or television activity permit shall submit directly or send by post 1 (one) dossier to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information).  A dossier must comprise:

a/ The managing agency’s written request for a radio activity permit or television activity permit;

b/ The managing agency’s declaration of the application for a radio activity permit or television activity permit (made according to Form No. 1 promulgated together with this Circular);

c/ A plan on establishment of the radio or television organization approved by the managing agency (made according to Form No. 2 promulgated together with this Circular);

d/ A tentative list of staff members (made according to Form No. 3 promulgated together with this Circular);

dd/ Lawful papers of the expected head of the radio or television organization, including his/her resume (made according to Form No. 4 promulgated together with this Circular); a certified copy of university or higher degree; and a copy of the valid press card.

2. Within ninety (90) days after receiving a complete and valid dossier, the Ministry of Information and Communications shall consider granting a permit to the applying agency or organization (made according to Form No. 5 promulgated together with this Circular). In case of refusal, the Ministry of Information and Communications shall issue a written reply clearly stating the reason.

3. For a dossier failing to fully meet the prescribed conditions, within the time limit for dossier processing specified in Clause 2 of this Article, the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) shall issue a written notice requesting the applying agency or organization to supplement, give explanations on and complete the dossier.

4. Within 30 (thirty) days from the date stated in the written notice mentioned in Clause 3 of this Article, the applying agency or organization shall submit a supplemented dossier and give explanations to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) as requested.

5. Upon the expiration of the time limit for submission of a supplemented dossier as prescribed in Clause 4 of this Article, if the applying agency or organization fails to submit the dossier, the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) shall stop processing the dossier. After the time limit for submission of a supplemented dossier, dossiers shall be received like new ones.

6. For an agency or organization that applies for both radio activity permit and television activity permit, its managing agency shall make a separate dossier for each specific type of press. For a print press or online press agency that wishes to carry out audio press and visual press activities, its managing agency shall, pursuant to the Press Law, send a dossier of application for a permit in accordance with this Circular.

7. Within the validity duration of the radio activity permit or television activity permit granted to the radio or television organization under the Minister of Information and Communications’ Circular No. 07/2011/TT-BTTTT of March 1, 2011, the radio or television organization shall, from the effective date of this Circular, carry out the procedures for renewal of such permit.

The Ministry of Information and Communications shall renew a radio activity permit or television activity permit after receiving a complete and valid dossier, which must comprise the applicant’s written request for renewal of the radio activity permit or television activity permit; the applicant’s declaration (made according to Form No. 1 promulgated together with this Circular); the managing agency’s written approval, for a radio or television organization of a province, centrally run city, ministry or sector; and a copy of the granted radio activity permit or television activity permit.

Article 6. Dossier and procedures for changing guiding principles and purposes of press activities or guiding principles and purposes of radio channels or television channels stated in radio activity permits or television activity permits

1. An agency or organization that requests the change of guiding principles and purposes of press activities or guiding principles and purposes of a radio channel or television channel stated in the radio activity permit or television activity permit shall submit directly or send by post 1 (one) dossier to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information). A dossier must comprise:

a/ A written request of the managing agency of a radio or television organization of a province, centrally run city, ministry or sector. For the Voice of Vietnam and the Vietnam Television, this written request shall be signed by its head;

b/ The radio or television organization’s declaration of a request for modification and supplementation of a radio activity permit or television activity permit (made according to Form No. 6 promulgated together with this Circular);

c/ A report on compliance with the radio activity permit or television activity permit since the date of grant of the permit (made according to Form No. 7 promulgated together with this Circular);

d/ The radio or television organization’s scheme on implementation of the changes, approved by the managing agency (made according to Form No. 2 promulgated together with this Circular).

2. Within 45 (forty-five) days after receiving a complete and valid dossier, the Ministry of Information and Communications shall consider approving the change for the agency or organization. In case of refusal, the Ministry of Information and Communications shall issue a written reply clearly stating the reason.

3. For a dossier failing to fully meet the prescribed conditions, within the time limit for dossier processing prescribed in Clause 2 of this Article, the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) shall issue a written notice requesting the agency or organization to supplement, give explanations and complete the dossier.

4. Within 30 (thirty) days from the date stated in the written notice mentioned in Clause 3 of this Article, the agency or organization shall submit a supplemented dossier and give explanations to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) as requested.

5. Upon the expiration of the time limit for submitting a supplemented dossier prescribed in Clause 4 of this Article, if the agency or organization fails to submit a supplemented dossier, the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) shall stop processing the dossier. After the time limit for submission of a supplemented dossier, dossiers shall be received like new ones.

Article 7. Dossier and procedures for changing broadcasting time amounts or time amounts of self-produced programs of radio channels or television channels stated in radio activity permits or television activity permits

1. An agency or organization that requests the change of the broadcasting time amount or time amount of a self-produced program of a radio channel or television channel stated in the radio activity permit or television activity permit shall submit directly or send by post 1 (one) dossier to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information). A dossier must comprise:

a/ A written request of the managing agency of a radio or television organization of a province, centrally run city, ministry or sector. For the Voice of Vietnam and the Vietnam Television, this written request shall be signed by its head;

b/ A report on the content to be changed (made according to Form No. 8 promulgated together with this Circular).

2. Within 30 (thirty) days after receiving a complete and valid dossier, the Ministry of Information and Communications shall consider approving the change for the agency or organization. In case of refusal, the Ministry of Information and Communications shall issue a written reply clearly stating the reason.

3. For a dossier failing to fully meet the prescribed conditions, within the time limit for dossier processing prescribed in Clause 2 of this Article, the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) shall issue a written notice requesting the agency or organization to supplement, give explanations and complete the dossier.

4. Within 30 (thirty) days from the date stated in the written notice mentioned in Clause 3 of this Article, the agency or organization shall submit a supplemented dossier and give explanations to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) as requested.

5. Upon the expiration of the time limit for submission of a supplemented dossier prescribed in Clause 4 of this Article, if the agency or organization fails to submit a supplemented dossier, the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) shall stop processing the dossier. After the time limit for submission of a supplemented dossier, dossiers shall be received like new ones.

Article 8. Dossier and procedures for changing names of press managing agencies; names of press agencies; names of radio channels or television channels; broadcasting places; locations of head offices of network operation centers; or modes of transmission and broadcasting stated in radio activity permits or television activity permits

1. An agency or organization that requests the change of the name of a press managing agency; name of a press agency; name of a radio channel or television channel; broadcasting place; location of the head office of the network operation center; or mode of transmission and broadcasting stated in the radio activity permit or television activity permit shall submit directly or send by post 1 (one) dossier to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information). A dossier must comprise:

a/ A written request of the managing agency of a radio or television organization of a province, centrally run city, ministry or sector. For the Voice of Vietnam and the Vietnam Television, this written request shall be signed by its head;

b/ Relevant lawful documents or papers, in case of changing the name of a press managing agency or name of a press agency; broadcasting place; location of the head office of the network operation center; or mode of transmission and broadcasting.

2. Within 30 (thirty) days after receiving a complete and valid dossier, the Ministry of Information and Communications shall consider approving the change for the agency or organization. In case of refusal, the Ministry of Information and Communications shall issue a written reply clearly stating the reason.

3. For a dossier failing to fully meet the prescribed conditions, within the time limit for dossier processing prescribed in Clause 2 of this Article, the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) shall issue a written notice requesting the agency or organization to supplement, give explanations and complete the dossier.

4. Within 30 (thirty) days from the date stated in the written notice mentioned in Clause 3 of this Article, the agency or organization shall submit a supplemented dossier and give explanations to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) as requested.

5. Upon the expiration of the time limit for submission of a supplemented dossier prescribed in Clause 4 of this Article, if the agency or organization fails to submit a supplemented dossier, the Ministry of Information and Communications (the Authority of

Broadcasting and Electronic Information) shall stop processing the dossier. After the time limit for submission of a supplemented dossier, dossiers shall be received like new ones.

Article 9. Dossier and procedures for changing logos of radio channels or television channels and other contents stated in radio activity permits or television activity permits

1. An agency or organization that requests the change of the logo of a radio channel or television channel and other contents stated in the radio activity permit or television activity permit shall submit directly or send by post 1 (one) dossier to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information). A dossier must comprise:

a/ A written request of the managing agency of a radio or television organization of a province, centrally run city, ministry or sector. For the Voice of Vietnam and the Vietnam Television, this written request shall be signed by its head;

b/ In case of changing the logo of a radio channel or television channel, a colored logo of the radio channel or television channel certified by the managing agency is required. For the Voice of Vietnam and the Vietnam Television, this colored logo shall be signed by its head.

2. Within 30 (thirty) days after receiving a complete and valid dossier, the Ministry of Information and Communications shall consider making a written approval. In case of disapproval, the Ministry of Information and Communications shall issue a written reply clearly stating the reason.

3. For a dossier failing to fully meet the prescribed conditions, within the time limit for dossier processing prescribed in Clause 2 of this Article, the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) shall issue a written notice requesting the agency or organization to supplement, give explanations and complete the dossier.

4. Within 30 (thirty) days from the date stated in the written notice mentioned in Clause 3 of this Article, the agency or organization shall submit a supplemented dossier and give explanations to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) as requested.

5. Upon the expiration of the time limit for submission of a supplemented dossier prescribed in Clause 4 of this Article, if the agency or organization fails to submit a supplemented dossier, the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) shall stop processing the dossier. After the time limit for submission of a supplemented, dossiers shall be received like new ones.