Decree 06.2016.NDCP
Decree 06.2016.NDCP
DECREE
On management, provision and use of radio and television services
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Pursuant to the December 25, 2001 Law on Organization of the
Government;
Pursuant to the December 28, 1989 Press Law; the June 12, 1999 Law
Amending and Supplementing a Number of Articles of the Press Law;
Pursuant to the November 23, 2009 Law on Telecommunications;
At the proposal of the Minister of Information and Communications;
The Government promulgates the Decree on management, provision and
use of radio and television services.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Decree prescribes in detail the management of information contents,
quality, charge rates, provision and use of radio and television services in
Vietnam; and reception and watching of foreign satellite television channels in
Vietnam.
Article 2. Subjects of application
This Decree applies to domestic and foreign organizations and individuals
involved in the management of information contents, quality, charge rates,
provision and use of radio and television services in Vietnam; and in the
reception and watching of foreign satellite television channels in Vietnam.
Article 3. Interpretation of terms
In this Decree, the terms and phrases below are construed as follows:
1. Radio or television service means a service that applies
telecommunications to provide users with integral domestic and foreign
channels and value-added services through radio or television transmission and
broadcast technical infrastructure. Radio or television services may be provided
directly to service users without going through storage or delay devices (online
television service) or at the request of service subscribers (on-demand service).
2. Value-added service of a radio or television service means a service that
add utilities to that radio or television service.
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3. Domestic channel means a radio or television channel produced or co-
produced in accordance with law by Vietnamese press agencies licensed to
operate in radio or television journalism.
4. Political and essential information channel means a domestic channel
determined by a competent state management agency to serve political and
essential information tasks in each period. These channels include national and
local political and essential information channels.
5. Foreign channel means a foreign-language radio or television channel
produced by a foreign radio or television agency.
6. Co-production of a radio or television program means cooperation to
produce a domestic program or channel between a unit licensed to produce
domestic channels and a partner under a co-production contract.
7. Content provider means a press agency licensed for radio or television
operations in Vietnam that owns the copyright or has a lawful copyright
agreement for information contents provided on a radio or television service.
8. Radio or television service provider means an enterprise established in
accordance with Vietnamese law which is eligible for service provision.
9. Radio or television transmission and broadcast technical infrastructure
means a telecommunications network meeting requirements for the provision of
radio or television services.
10. Service user means an organization or individual that has an endpoint
device meeting requirements for use of radio or television services.
11. Service subscriber (below referred to as subscriber) means a person
using services of a pay radio or television service provider under a contract or an
equivalent written agreement.
12. Endpoint device means a user’s device receiving radio or television
signals at the end point of radio or television transmission and broadcast
technical infrastructure.
13. Endpoint device of pay radio or television means an endpoint device
integrated with functions meeting a pay radio or television service provider’s
requirements for content protection and subscriber management.
14. End point of a radio or television service means a physical connection
point within a telecommunications network up to radio or television
transmission and broadcast standards and technical regulations, which ensures
the connection of an endpoint device to the telecommunications network and
determination of the economic and technical boundary between the radio or
television service provider and service user.
15. Transceiving center means a place where radio or television devices are
installed in a system to receive and process baseband signals and transmit radio
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or television signals to radio or television transmission and broadcast technical
infrastructure for provision to users.
Article 4. Classification of radio and television services
1. Radio and television services include:
a/ Terrestrial television, which is a radio or television service using
technical infrastructure for digital terrestrial television transmission and
broadcast to provide radio or television channels to service users;
b/ Cable television, which is a radio or television service using technical
infrastructure for cable television transmission and broadcast and applying
different technologies to provide radio or television channels to service users.
Cable television includess analog cable television; digital cable television; and
internet protocol cable television (IPTV);
c/ Satellite television, which is a radio or television service using technical
infrastructure for satellite television transmission and broadcast to provide radio
or television channels to service users;
d/ Mobile television, which is a radio or television service using technical
infrastructure for transmission and broadcast of mobile terrestrial television,
satellite mobile television and television via terrestrial mobile
telecommunication network to provide radio or television channels to service
users;
dd/ Internet radio or television, which is a radio or television service using
internet connections through domain names of websites or identified internet
addresses managed by Vietnam to transmit radio or television channels to
service users.
2. The mode of provision of radio and television services specified in
Clause 1 of this Article may be public or pay as follows:
a/ Public radio and television services are those provided to free service
users by eligible enterprises as prescribed by law without applying technical
measures to manage and control or restrict signal reception;
b/ Pay radio and television services are those provided to service users by
enterprises licensed to provide pay radio and television services with technical
measures to manage, control and restrict signal reception.
Article 5. Policies on management of radio and television services
1. To develop public radio and television services nationwide using
advanced technologies to enable the public’s easy access to national and local
political and essential information radio and television channels.
2. To sustainably develop the pay radio and television service market
conducive to fair competition in order to mobilize social resources to serve
political communication tasks and meet the people’s healthy and diverse
entertainment needs.
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3. To facilitate the mobilization and use of social resources for co-
production of domestic programs and channels to raise people’s intellectual level
and meet their cultural and spiritual needs; to conserve and promote the nation’s
fine historical and cultural traditions, contributing to building and defending the
socialist fatherland of Vietnam.
4. To manage the provision of information contents on radio and television
services in accordance with the press law; manage radio and television
transmission and broadcast technical infrastructure in accordance with the law
on telecommunications; manage radio and television service activities in
accordance with this Decree.
5. To increasingly examine and assess the effectiveness of information
contents and quality of radio and television services through technical measures
and modern statistical and social survey methods.
6. To create favorable conditions for the Pay Television Association and
radio and television service providers to operate effectively to boost
development of the radio and television service market in line with the Party’s
directions and guidelines and the State’s policies and laws.
Article 6. State management of radio and television services
1. Responsibilities of the Ministry of Information and Communications
a/ To assume the prime responsibility for and coordinate in formulating and
promulgating according to its competence, or proposing competent agencies to
promulgate, legal documents, strategies, master plans, plans and state policies on
radio and television service activities;
b/ To assume the prime responsibility for and coordinate in promulgating
according to its competence technical regulations on technical infrastructure for
provision of radio and television services;
c/ To perform the specialized state management of radio and television
service charge rates;
d/ To conduct scientific research, apply advanced technologies and develop
technical regulations applicable to radio and television service activities; to
provide professional training and refresher training in radio and television
service operations;
dd/ To manage and organize international cooperation in radio and
television service activities;
e/ To grant, re-grant, renew and revoke licenses and certificates of radio
and television service operations in accordance with the Press Law and this
Decree;
g/ To guide the implementation of regulations on information, reporting
and statistics on, and issue forms for use in, radio and television service
activities;
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h/ To manage, inspect, examine, supervise and settle complaints and
denunciations and handle violations of law in radio and television service
activities according to its competence.
2. Ministries, ministerial-level agencies and provincial-level People’s
Committees shall, within the ambit of their tasks and powers, coordinate with
the Ministry of Information and Communications in performing the state
management of radio and television service activities.
Chapter II
MANAGEMENT, PROVISION AND USE OF RADIO AND TELEVISION
SERVICES
Section 1
PUBLIC RADIO AND TELEVISION SERVICES
Article 7. Rights and obligations of public radio and television service
providers
1. Rights of a public radio or television service provider
a/ To select domestic channels for their provided services in accordance
with Article 13 of this Decree;
b/ To select units having appropriate telecommunications networks to
provide public radio or television services in case it does not have a
telecommunications network;
c/ To use special-use equipment to display the name and logo of its service
on television channels in accordance with Article 23 of this Decree.
2. Obligations of a public radio or television service provider
a/ To have plans to allocate transmission capacity for transmission and
broadcast on their services the channels prescribed in Clause 4, Article 13 of this
Decree and as assigned by competent agencies;
b/ To observe the State’s regulations on management of information
contents and protection of copyright over contents of radio or television
programs and channels;
c/ To observe regulations on operation reporting to central and local state
management agencies;
d/ To submit to the inspection and examination by competent agencies as
prescribed by law.
Article 8. Rights and obligations of users of public radio and television
services
1. Rights of a radio or television service user
a/ To own endpoint devices and select public radio or television services
according to his/her demand;
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b/ To be provided with information on public radio and television services
nationwide;
c/ To lodge complaints about service quality with state management
agencies.
2. Obligations of a radio or television service user
To observe the law on protection of copyright over contents of radio and
television programs and channels.
Article 9. Principles of provision of public radio and television services
1. To universalize public radio and television services nationwide,
prioritizing deep-lying, remote, border, island and exceptionally disadvantaged
areas.
2. To conform with the State’s planning on press; radio and television
transmission and broadcast; and development of radio and television services.
3. To conform with regulations on management of internet resources and
radio frequencies in accordance with the laws on telecommunications and radio
frequency.
4. To ensure service contents’ conformity with regulations on information
content management under the press law and this Decree.
5. To conform with the State’s standards and technical regulations on
quality of radio and television devices and services.
Section 2
PAY RADIO AND TELEVISION SERVICES
Article 10. Rights and obligations of pay radio and television service
providers
1. Rights of a pay radio or television service provider
a/ To select domestic and foreign channels, on-demand contents and value-
added contents to be provided in its service packages;
b/ To use special use equipment to display the name and logo of its service
on television channels in service packages in accordance with Article 23 of this
Decree;
c/ To select units having appropriate telecommunications networks to
provide pay radio or television services in case it does not have a
telecommunications network;
d/ To apply technologies and techniques relevant to its services to provide
the option for selecting the audio or subtitle Vietnamese language created by the
unit licensed to edit foreign programs and channels.
2. Obligations of a pay radio or television service provider
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a/ To observe the State’s regulations on management of information
contents and protection of copyright over contents of radio or television
programs and channels and other contents of its service;
b/ To observe the State’s regulations on charges, fees, prices and contracts
on provision of services;
c/ To observe provisions of its granted license for pay radio or television
service provision;
d/ To observe regulations on operational reporting to central and local state
management agencies;
dd/ For a radio or television service provider having a telecommunications
network, to observe regulations on corporate ownership under the
telecommunications law;
e/ To neither provide nor test the provision of, channels outside the granted
registration list in any forms;
g/ Not to purchase, sell, transfer, rent or lend the license for pay radio or
television service provision in any forms;
h/ To submit to the inspection and examination by competent agencies as
prescribed by law.
Article 11. Rights and obligations of pay radio and television subscribers
1. Rights of a pay radio or television subscriber
a/ To select a pay radio or television service provider for entry into a
contract on provision and use of a pay radio or television service;
b/ To request the pay radio or television service provider to provide
necessary information relating to the quality and conditions for use of the pay
radio or television service;
c/ To use the pay radio or television service according to its quality and
charge rates and other provisions under the contract signed with the pay radio or
television service provider;
d/ To refuse to use part or whole of the pay radio or television service under
the contract signed with the pay radio or television service provider;
dd/ To have private information confidentiality guaranteed in accordance
with law;
e/ To lodge complaints about service charge rates and quality; to have
service charges refunded and receive compensations for other direct damage due
to the fault of the pay radio or television service provider in case the service is
not provided under the signed contract.
2. Obligations of a pay radio and television subscriber
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a/ To make full and timely payment of pay radio or television service
charges;
b/ To implement all the terms of the contract on pay radio or television
service provision;
c/ To observe the law on protection of copyright over contents of radio or
television programs and channels;
d/ To neither provide nor resell pay the radio or television service in any
forms.
Article 12. Licensing of pay radio and television service provision
1. Licensing conditions:
a/ Being a Vietnamese enterprise. For a foreign-invested enterprise,
obtaining the Prime Minister’s in-principle approval;
b/ Having a service provision plan conformable with the master plans on
radio and television service development and radio and television transmission
and broadcast and other master plans in radio and television and e-information
sectors;
c/ Having a license for telecommunications network establishment or an
agreement on rent or use of a telecommunications network meeting technical
requirements for service transmission to subscribers connected to that
telecommunications network, for the services prescribed at Points a, b, c and d,
Clause 1, Article 4 of this Decree; having a registration certificate of domain
name “.vn” or identified internet address for service provision to subscribers, for
the service prescribed at Point dd, Clause 1, Article 4 of this Decree;
d/ Having plans on human resources; investment in technical equipment;
service market forecast and analysis; and business, service charge rates and
investment and operation cost estimates for at least 2 (two) first years; and
documents proving the charter capital or equivalent document meeting service
provision requirements according to the cost estimates;
dd/ Having a plan on establishment of a center for transceiving all domestic
and foreign channels at a single place, except channels on the list of local
political and essential information channels, specifying technical designs of
systems of signal processing devices; devices for connection to transmission
networks, devices for management of services and subscribers and content
protection;
e/ Having a plan on application of advanced technologies conformable with
state-prescribed standards and technical regulations to guarantee service quality
and information security and safety and prompt handle technical incidents to
ensure uninterrupted services and interests of subscribers;
g/ Having a tentative list of domestic channels (other than those prescribed
in Clause 4, Article 13 of this Decree), foreign channels, on-demand contents
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and value-added contents to be provided on pay radio or television services
accompanied by content providers’ written approvals;
h/ Having a written agreement on channel signal reception points in
accordance with Point c, Clause 1, Article 14 of this Decree.
2. Dossier of application for a license
a/ An application for a license for pay radio or television service provision,
made according to the form provided by the Ministry of Information and
Communications;
b/ A certified copy, or a copy enclosed with the original for comparison, of
the most recently granted enterprise registration certificate or investment
certificate (if any);
c/ A service provision plan specifying the type of service and scope of
service provision, technical options for provision of online services and on-
demand services (if any); tentative terms and provisions on rights and
responsibilities of parties to the contract on service provision and use and the
contents prescribed at Points b, d, dd, e, g and h, Clause 1 of this Article;
d/ A copy of the license for telecommunications network establishment or
certified copy of the agreement on rent or use of the telecommunications
network of the telecommunications network owner during the validity period of
the license for telecommunications network establishment, for the services
prescribed at Points a, b, c and d, Clause 1, Article 4 of this Decree; a copy of
the registration certificate of domain name “.vn” or identified internet address,
for the service prescribed at Point dd, Clause 1, Article 4 of this Decree;
A provider of the services prescribed at Points a, b, c and d, Clause 1,
Article 4 of this Decree that does not have a telecommunications network must
have a regulation on coordination with the telecommunications network owner
or additional technical solutions for incident handling to ensure the quality and
uninterruptedness of its services;
dd/ A dossier of registration of a list of contents of pay radio or television
services as prescribed in Clause 5, Article 21 of this Decree;
e/ A certified copy, or a copy enclosed with the original for comparison, of
the written agreement on channel signal reception points prescribed at Point c,
Clause 1, Article 14 of this Decree.
3. Licensing procedures
a/ A dossier shall be made in 2 (two) sets (1 original and 1 copy) and
submitted directly or by post to the Ministry of Information and
Communications. The enterprise shall take responsibility for the accuracy and
truthfulness of this dossier;
b/ Within 30 (thirty) working days after receiving a valid dossier, the
Ministry of Information and Communications shall consider and grant a license
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for pay radio or television service provision. In case of refusal, the Ministry of
Information and Communications shall issue a written reply clearly stating the
reason.
4. License validity period
a/ The validity period of a license for pay radio or television services is 10
(ten) years at most from the date of its grant, but must not exceed the validity
term of the license for telecommunications network establishment or the
agreement on rent or use of telecommunications infrastructure, for the services
prescribed at Points a, b, c and d, Clause 1, Article 4 of this Decree; or of the
registration certificate of domain name “.vn” or identified internet address, for
the service prescribed at Point dd, Clause 1, Article 4 of this Decree;
b/ One year after the effective date of a license, if the licensee fails to
provide pay radio or television services, the license will become invalid. The
Ministry of Information and Communications shall issue a decision revoking
such license;
If still wishing to provide such services, the enterprise shall make a dossier
and carry out procedures to apply for a new license as prescribed in Clauses 2
and 3 of this Article.
5. Dossier and procedures for license modification
a/ For changes in the transceiving center or technologies or types of
service, an enterprise shall make a dossier and carry out procedures as for
application for a new license prescribed in Clauses 2 and 3 of this Article;
b/ For changes in other contents of the license for pay radio or television
service provision, an enterprise shall make a written request enclosed with a
written explanation of contents to be modified:
c/ A dossier shall be made in 2 (two) sets (1 original and 1 copy) and
submitted directly or by post to the Ministry of Information and
Communications;
d/ Within 15 (fifteen) working days after receiving a valid dossier, the
Ministry of Information and Communications shall consider and grant a
modified license for pay radio or television service provision. In case of refusal,
it shall issue a written reply clearly stating the reason;
dd/ For changes in the head office address, at-law representative, enterprise
registration certificate or investment certificate, an enterprise shall notify in
writing to the licensing agency within 30 (thirty) days after the date of official
change.
6. License extension
a/ Sixty days before its license expires, an enterprise wishing to extend the
license shall send to the Ministry of Information and Communications a written
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request for extension, clearly stating the extension time, together with a copy or
the serial number of the license;
b/ Within 20 (twenty) working days after receiving a valid document, the
Ministry of Information and Communications shall consider and extend a
license. In case of refusal, it shall issue a written reply clearly stating the reason;
c/ A license may be extended only once and is valid for another 5 (five)
years at most but its validity period must not exceed the validity term of the
license for telecommunications network establishment or the written agreement
on rent or use of telecommunications infrastructure, for the services prescribed
at Points a, b, c and d, Clause 1, Article 4 of this Decree; or of the registration
certificate of domain name “.vn” or identified internet address, for the service
prescribed at Point dd, Clause 1, Article 4 of this Decree.
7. Dossier and procedures for re-grant of licenses
a/ For an expired license or extension of an expired license, an enterprise
shall make a dossier and carry out procedures to apply for a new license
prescribed in Clauses 2 and 3 of this Article;
b/ For a license which is lost or damaged and no longer useable, an
enterprise shall send to the Ministry of Information and Communications a
written request for re-grant of the license, which must clearly state the serial
number and date of the license and the reason for re-grant, together with the
license, in case it is damaged;
c/ Within 10 (ten) working days after receiving a written request, the
Ministry of Information and Communications shall consider and re-grant a
license. In case of refusal, it shall issue a written reply clearly stating the reason.
Chapter III
MANAGEMENT OF INFORMATION CONTENTS OF PAY RADIO AND
TELEVISION SERVICES
Article 13. Information contents of public radio and television services
1. Information contents of public radio and television services include:
a/ National and local political and essential information channels;
b/ Other domestic channels.
2. Points for receiving political and essential information channels must
follow the agreement between the content provider and service provider and
shall be taken from the network operation center of the content provider or from
the nearest and most convenient location in accordance with law, for which the
content provider shall take responsibility to ensure signal quality and save
transmission costs of the service provider.
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3. Public radio and television service providers shall ensure the integrity of
channels, except in case of displaying the name and logo of the service provider
on the channels to identify the service as prescribed in Article 23 of this Decree.
4. The Ministry of Information and Communications shall specify the list
of national and local political and essential information channels on the basis of
the guiding principles and goals of channels and requirements of political and
communication tasks in each period.
Article 14. Information contents of pay radio and television services
Information contents of pay radio or television services shall be organized
into service packages and services as follows:
1. Basic service package is a service package comprising political and
essential information channels as prescribed by the State which a radio or
television service provider must provide to subscribers and which shall be stated
in the contract on pay radio or television service provision. Specifically:
a/ National political and essential information channels shall be provided to
all subscribers;
b/ Local political and essential information channels shall be provided to
pay radio or television subscribers of the localities where the enterprise provides
services according to administrative localities, except in case the radio and
television service provider uses a transceiving technology incapable of inserting
or replacing channels;
c/ Points for receiving political and essential information channels must
follow the agreement between the content provider and service provider and
shall be taken from the network operation center of the content provider or from
the nearest and most convenient location in accordance with law, for which the
content provider shall take responsibility to ensure signal quality and save
transmission costs of the service provider.
2. Advanced service package is a service package having domestic and
foreign channels decided by the service provider.
3. On-demand service package is a service package with contents requested
by the subscriber, comprising radio or television programs of content providers
and other images and sounds with lawful copyright edited by the content
provider.
4. Value-added services provided together with radio or television services
for which the content provider shall take responsibility before law for value-
added contents.
Article 15. Licensing of domestic channels
1. An applicant for a license to produce a domestic channel must be a press
agency licensed for radio or television operations.
2. Dossier of application for a license
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a/ An application for a license to produce a domestic channel, made
according to the form provided by the Ministry of Information and
Communications;
b/ A certified copy of the radio or television operation license;
c/ A plan on the channel production, specifying production purposes; name,
logo; guidelines, objectives; contents; image resolution; tentative framework
program for 1 (one) month; and targeted audience of the channel; channel
production capacity (including human resources, physical foundations,
equipment and finance); production process, management of the channel’s
contents, technical methods for distributing the channel to radio or television
service providers; and socio-economic effects of the channel;
d/ For co-production of a channel, the plan on the channel production must
contain information on the co-production, including address and capacity of the
co-producers; form of co-production; rights and obligations of co- producer;
dd/ The written approval of the channel production plan by the managing
agency, for press agencies of provinces or centrally run cities or ministries or
sectors; or by the head of the press agency, for central press agencies.
e/ An applicant for a license to produce multiple channels shall make a
separate plan for each specific channel.
3. Licensing procedures
a/ A dossier shall be made in 2 (two) sets (1 original and 1 copy) and
submitted directly or by post to the Ministry of Information and
Communications. The press agency shall take responsibility for the accuracy and
truthfulness of the dossier;
b/ Within 30 (thirty) working days after receiving a valid dossier, the
Ministry of Information and Communications shall consider and grant a license
for production of a domestic channel. In case of refusal, the Ministry of
Information and Communications shall issue a written reply clearly stating the
reason.
4. License validity period
a/ A license for domestic channel production is valid for 10 (ten) years at
most from the date of its grant and but must not exceed the validity period of the
radio or television operation license of the licensee. The licensee may provide
the channel produced under its license to radio or television service providers
nationwide;
b/ Past 90 (ninety) days after the effective date of a license, if the licensee
fails to produce the radio or television channel, the license will become invalid.
If still wishing to produce such channel, the applicant shall carry out procedures
to apply for a new license as prescribed in Clauses 2 and 3 of this Article.
5. Procedures for license modification
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a/ For changes in guidelines and objectives of the channel, the license
owner shall carry out procedures as for application for a new license prescribed
in Clauses 2 and 3 of this Article;
b/ For changes in other contents of the license, the license owner shall
make a written request together with a written explanation about the changed
contents and the managing agency’s written approval of such changes, for press
agencies of provinces or centrally run cities or ministries or sectors, or the press
agency head’s written request for such changes, for central press agencies;
c/ For increase or reduction of the time volume of the channel or self-
produced programs, in addition to the papers required under Point b, Clause 5 of
this Article, the license owner shall produce a plan stating the name, contents,
broadcasting time and broadcasting volume of programs to be increased or
reduced; tentative framework program to be broadcast for 1 (one) month; and
plan on organization of production of the program with increased time volume;
d/ A dossier shall be made in 2 (two) sets (1 original and 1 copy) and
submitted directly or by post to the Ministry of Information and
Communications;
dd/ Within 20 (twenty) working days after receiving a valid dossier, the
Ministry of Information and Communications shall consider and grant a
modified license for domestic channel production. In case of refusal, it shall
issue a written reply clearly stating the reason.
6. Dossier and procedures for license re-grant
a/ Ninety days before a license for domestic channel production expires, if
wishing to continue producing that channel, the license owner shall make a
dossier and carry out procedures for re-grant of a license.
b/ An application for license re-grant, signed by the press agency head; and
the managing agency’s written request for license re-grant, for press agencies of
provinces, centrally run cities, ministries or sectors;
c/ A copy or serial number of the granted license for domestic channel
production;
d/ A report reviewing channel production activities from the date of
licensing, which must provide statistics on the impact of the channel, list of
programs or sections broadcast on the channel (including the broadcasting time
and volume; program sources; broadcasting framework program; list of heads of
professional sections and departments or channels; reporters and editors
responsible for the channel production);
dd/ A dossier shall be made in 2 (two) sets (1 original and 1 copy) and
submitted directly or by post to the Ministry of Information and
Communications;
e/ Within 30 (thirty) working days after receiving a valid dossier, the
Ministry of Information and Communications shall consider and re-grant a
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license for domestic channel production. In case of refusal, it shall issue a
written reply clearly stating the reason.
Article 16. Co-production of radio and television programs
1. The owner of a license for domestic channel production may select and
take responsibility for a partner, which must be an organization established in
accordance with Vietnamese law with a legal person status, for co-production of
part or whole of a program or channel.
2. The benefits of the co-producer shall be paid in the benefits from
advertising activities, finance or other lawful revenues of the owner of the
license for channel production from the broadcasting of the co-produced
program or channel.
3. Co-production of current news-political radio or television programs is
not permitted.
4. Co-produced programs in a political and essential information channel
according to state regulations or in a general current news-political channel must
not exceed 30% of the total broadcasting volume for 1 (one) time under the
license for production of this channel.
5. When engaged in co-production of a radio or television program or
channel, the owner of a license for domestic channel production shall:
a/ Decide on broadcasting contents of the co-produced program or channel
in accordance with the press law;
b/ Report in writing when implementing a new co-produced program.
Article 17. Foreign channels on pay radio and television
A foreign channel provided on pay radio or television in Vietnam must
meet the following requirements:
1. The number of foreign channels on the pay radio or television system
does not exceed 30% of the total number of channels.
2. Its contents are healthy and conformable with Vietnamese culture and do
not violate the press law of Vietnam.
3. It meets requirements on ownership right or use of copyright over
contents provided on pay radio or television in Vietnam.
4. It has a registration certificate of service provision on pay radio or
television prescribed in Article 18 of this Decree.
5. It is edited and translated by a unit licensed for foreign channel editing in
accordance with Article 20 of this Decree which is held responsible for the
edited and translated contents.
6. It does not have overseas built-in advertisements. Advertisements (if
any) shall be made in Vietnam and must comply with the advertising law of
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Vietnam; and the unit licensed for editing shall take responsibility for
advertising contents.
7. It has an authorized agent in Vietnam to fulfill financial obligations in
accordance with Vietnamese law.
Article 18. Registration of provision of foreign channels on pay radio and
television
1. A foreign television agency providing foreign channels in Vietnam with
content copyright charges shall register such provision and fulfill financial
obligations toward the Vietnamese state through its authorized agent in Vietnam.
2. A foreign television agency that concurrently authorizes 2 (two) or more
agents shall clearly define the scope of authorization to each agent.
3. For foreign channels without content copyright charges, a foreign
television agency shall only carry out editing and translation procedures
according to regulations without having to go through an authorized agent in
Vietnam.
4. Authorized agent means a Vietnamese enterprise which is authorized by
a foreign television agency to act as its agent to provide foreign channels on pay
radio or television in Vietnam.
5. An authorized agent shall register the provision of foreign channels on
pay radio or television in Vietnam with the Ministry of Information and
Communications.
6. Dossier and procedures for grant of registration certificates of foreign
channel provision
a/ An application for foreign channel provision on pay radio or television,
made according to the form provided by the Ministry of Information and
Communications;
b/ A copy of the operation license of the foreign channel owner, enclosed
with a certified Vietnamese translation;
c/ A document proving the foreign television agency’s valid legal
ownership of the channel, issued by a competent authority of the country in
which such television agency registers its operation, enclosed with a certified
Vietnamese translation (if such document is made in a foreign language);
d/ A certified copy, or a copy enclosed with the original for comparison, of
the latest enterprise registration certificate or investment certificate (if any) of
the authorized agent;
dd/ A certified copy, or a copy enclosed with the original for comparison, of
the foreign television agency’s written authorization of its agent to provide
foreign channels on pay radio or television, enclosed with a certified Vietnamese
translation (if such document is made in a foreign language);
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e/ The foreign television agency’s written description of the channel
contents and broadcast framework program for 1 (one) month, enclosed with a
certified Vietnamese translation (if such document is made in a foreign
language);
g/ A dossier shall be made in 2 (two) sets (1 original and 1 copy) and
submitted directly or by post to the Ministry of Information and
Communications. The enterprise shall take responsibility for the accuracy and
truthfulness of the registration certificate application dossier;
h/ Within 30 (thirty) working days after receiving a valid dossier, the
Ministry of Information and Communications shall consider and grant a
registration certificate of foreign channel provision on pay radio or television,
which specifies editing and translation requirements for such channel;
i/ The validity period of a registration certificate of foreign channel
provision on pay radio or television is 5 years at most from the date of its grant,
but must not exceed the validity period of the written authorization of the agent.
In case of refusal, the Ministry of Information and Communications shall issue a
written reply clearly stating the reason.
7. Dossier and procedures for registration certificate modification
a/ For changes in type or contents of a channel, the dossier and procedures
for registration are the same as those for application of a new certificate
prescribed in Clause 6 of this Article;
b/ For changes other than those prescribed at Point a, Clause 7 of this
Article, the enterprise shall make a written request for modification of the
authorized agent’s registration certificate, clearly stating the reason and
explaining in detail contents to be modified, and must meet the requirements
prescribed at Points c, d and dd of this Clause;
c/ The foreign television agency’s written certification of the contents to be
modified;
d/ A copy or the serial number of the granted registration certificate of
foreign channel provision on pay radio or television;
dd/ The foreign television agency’s written description of the broadcasting
time, time volume and framework program of the channel for 1 (one) month,
enclosed with a certified Vietnamese translation (if such document is made in a
foreign language), for request for modification of contents related to the
broadcasting time, time volume and framework program of the channel;
e/ A dossier shall be made in 2 (two) sets (1 original and 1 copy) and
submitted directly or by post to the Ministry of Information and
Communications. The enterprise shall take responsibility for the accuracy and
truthfulness of the dossier;
g/ Within 20 (twenty) working days after receiving a valid dossier, the
Ministry of Information and Communications shall consider and grant a
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modified registration certificate of foreign channel provision on pay radio or
television. In case of refusal, it shall issue a written reply clearly stating the
reason.
8. An authorized agent for foreign channel provision shall:
a/ Comply with provisions of the registration certificate of foreign channel
provision on pay radio or television granted by the Ministry of Information and
Communications;
b/ Fulfill financial obligations in accordance with law.
Article 19. Editing and translation of foreign channels on pay radio and
television
1. All foreign channels on pay radio and television in Vietnam shall be
edited and managed to ensure that their contents are not contrary to Vietnam’s
press and advertising laws, except live coverage of sports events and opening
and closing ceremonies of regional and world sports tournaments.
2. Translation shall be done depending on types of foreign channels,
specifically as follows:
a/ For movie and cartoon channels: To translate 100% of the channel
contents;
b/ For general channels, general entertainment channels, and sports, music,
science and education channels: To translate 100% of reportage and
documentary programs.
3. The Ministry of Information and Communications shall classify foreign
channels on pay radio and television.
Article 20. Licensing of editing of foreign channels on pay radio and
television
1. Editing of foreign channels on pay radio or television shall be licensed
for each channel and in conformity with the national master plan on press
development and management.
2. Licensing conditions
a/ Being a press agency licensed for radio or television operations;
b/ Obtaining the managing agency’s written approval and request for grant
of an editing license, for press agencies of provinces, centrally run cities,
ministries or sectors; or the press agency head’s written request for a license, for
central press agencies;
c/ Having personnel holding a press card and professionally qualified in
journalism and foreign language suitable to the foreign channel to be edited;
d/ Having technical capacity meeting editing requirements, including delay
and storage devices and signal transceivers suitable to the editing of the channel;
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ensuring that the channel is edited and translated in Vietnam in accordance with
Article 19 of this Decree;
dd/ Being financially viable, shown in the cost estimates for editing and
translation for 1 (one) year and documents proving lawful funding sources for
the editing and translation as estimated;
e/ Having the copyright over or written permission to use the foreign
channel in Vietnam in accordance with law.
2. Licensing dossier and procedures
a/ An application for a license for editing a foreign channel on pay radio or
television, made according to the form provided by the Ministry of Information
and Communications;
b/ A copy or the serial number of the license for radio or television
operations;
c/ A plan on editing of the foreign channel, covering the contents prescribed
at Points c, d and dd, Clause 2 of this Article, enclosed with the cost estimates
approved by the managing agency, for press agencies of provinces, centrally run
cities, ministries or sectors, or by the press agency head, for central press
agencies;
d/ A certified copy, or a copy enclosed with the original for comparison, of
the written agreement on the copyright over the foreign channel. If such
agreement is made in a foreign language, it must have a certified Vietnam
translation;
dd/ A dossier shall be made in 2 (two) sets (1 original and 1 copy) and
submitted directly or by post to the Ministry of Information and
Communications. The press agency shall take responsibility for the accuracy and
truthfulness of the dossier;
e/ Within 30 (thirty) working days after receiving a valid dossier, the
Ministry of Information and Communications shall consider and grant a license
for editing a foreign channel on pay radio or television. In case of refusal, the
Ministry of Information and Communications shall issue a written reply clearly
stating the reason.
4. License validity period
A license for editing a foreign channel on pay radio or television is valid
for 10 (ten) years at most from the date of its grant, but must not exceed the
validity term of the radio or television operation license and the period stated in
the agreement on the channel copyright.
5. When changing the type or contents of a foreign channel, the licensee
shall carry out procedures for grant of a new license prescribed in Clause 3 of
this Article.
6. Dossier and procedures for license modification
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a/ The press agency’s written request for license modification, enclosed
with a written explanation about changes other than those prescribed in Clause 5
of this Article, signed by its head. For press agencies of provinces, centrally run
cities, ministries or sectors, this request shall be certified by the managing
agency;
b/ A copy or serial number of the granted license for editing a foreign
channel on pay radio or television;
c/ The foreign television agency’s written description of the broadcasting
time, time volume and framework program of the channel for 1 (one) month,
enclosed with a certified Vietnamese translation (if such document is made in a
foreign language), for request for modification of contents related to the
broadcasting time, time volume and framework program of the channel;
d/ A dossier shall be made in 2 (two) sets (1 original and 1 copy) and
submitted directly or by post to the Ministry of Information and
Communications.
dd/ Within 20 (twenty) working days after receiving a valid dossier, the
Ministry of Information and Communications shall consider and grant a
modified license for foreign channel editing on pay radio or television. In case
of refusal, it shall issue a written reply clearly stating the reason.
7. Dossier and procedures for license re-grant
a/ Ninety days before a license for foreign channel editing expires, if
wishing to continue editing the channel, the licensee shall carry out procedures
for license re-grant;
b/ An application for license re-grant, made according to the form provided
by the Ministry of Information and Communications;
c/ A copy or serial number of the granted license for editing a foreign
channel on pay radio or television;
d/ A report reviewing foreign channel editing activities from the time of
licensing, which covers evaluation of the effectiveness of editing activities,
personnel, equipment and facilities, advantages and difficulties in editing work;
dd/ A dossier shall be made in 2 (two) sets (1 original and 1 copy) and
submitted directly or by post to the Ministry of Information and
Communications. The press agency shall take responsibility for the accuracy and
truthfulness of the dossier;
e/ Within 30 (thirty) working days after receiving a dossier as prescribed,
the Ministry of Information and Communications shall consider and re-grant a
license for editing a foreign channel on pay radio or television. In case of
refusal, it shall issue a reply clearly stating the reason.
Article 21. Registration of list of contents on radio or television
1. For public radio and television services
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Providers of public radio or television services shall select a list of suitable
domestic channels as prescribed in Article 13 of this Decree for provision and
are not required to register a content list;
2. For pay radio and television services
a/ A provider of pay radio or television services shall register a content list
for domestic and foreign channels;
b/ A provider of pay radio or television services is not required to register a
list of on-demand and value-added contents. On-demand and value-added
contents of pay radio and television services must meet the requirements
prescribed in Clause 3 of this Article;
Requirements on on-demand and value-added contents
a/ Having a document proving the lawful copyright as prescribed by law;
b/ Being edited by a press agency licensed for radio or television operations
before service provision;
c/ Having a monitoring dossier made to serve operation reporting and
inspection by competent agencies.
4. During the provision of pay radio or television services, if there is any
change from the registered content list, a provider of pay radio or television
services shall register for modification of this list.
5. Dossier for registration or registration for modification of lists of
contents on pay radio or television
a/ A declaration of registration or registration of modification of the list of
contents on pay radio or television, made according to the form provided by the
Ministry of Information and Communications;
b/ A certified copy, or a copy together with the original for comparison, of
the written agreement on copyright over the registered channel on pay radio or
television;
c/ A certified copy, or a copy together with the original for comparison, of
the written agreement on signal reception points for political and essential
information channels;
d/ A dossier shall be made in 2 (two) sets (1 original and 1 copy) and
submitted directly or by post to the Ministry of Information and
Communications (the Authority of Broadcasting and Electronic Information);
6. Procedures for grant of registration certificates of lists of contents on pay
radio and television
a/ A dossier for first registration shall be made concurrently with the
dossier of application for a license for pay radio or television service provision.
After the enterprise has obtained a license for pay radio or television service
provision, the Ministry of Information and Communications (the Authority of
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Broadcasting and Electronic Information) shall consider and grant a registration
certificate of the list of contents on pay radio or television;
b/ For a registration dossier for modification of a list of contents on pay
radio or television, the time limit for consideration and grant of a modified
registration certificate is 15 (fifteen) days. In case of refusal to grant a modified
registration certificate, the Ministry of Information and Communications (the
Authority of Broadcasting and Electronic Information) shall issue a written reply
clearly stating the reason.
Article 22. Copyright over contents on pay radio and television
1. Domestic political and essential information channels according to state
regulations may be wholly relayed and broadcast on pay radio or television in
the territory of Vietnam without requiring a copyright agreement.
2. Other channels on pay radio or television must meet copyright
requirements as follows:
a/ Possessing a document proving the lawful copyright as prescribed by
law;
b/ Guaranteeing the integrity of channels and programs except display of
names and logos of service providers under Article 23 of this Decree.
Article 23. Names and logos of pay radio and television service providers
A pay radio or television service provider shall display the name and logo
to identify its service on a television channel according to the following
provisions:
1. Being easily identifiable.
2. Neither containing more than 10 (ten) characters nor being identical with
earlier registered names or logos.
3. Being displayed in 1 (one) of the 4 (four) corners of the screen and not
overlapping the logo of the content provider or the logo of the channel.
4. Having a certificate or written commitment of intellectual property for
the logo of the service as prescribed by law. The logo of the service of the pay
radio or television service provider shall be registered together with the dossier
of application for a new or modified license for provision of pay radio or
television services.
5. Not displaying the name and logo of the service on political and essential
information channels according to state regulations.
6. Selecting and proposing at least 2 channels on the list of channels within
the service for displaying the name and logo to identify the service provider.
Chapter IV
TECHNICAL REGULATIONS, QUALITY, OPERATION REPORTING
AND CHARGE RATES OF SERVICES
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Article 24. System of technical regulations on radio and television devices
and services, comprising:
1. Radio and television endpoint devices.
2. Baseband signal decoding devices.
3. Baseband signal channeling devices.
4. Firewalls at transceiving centers.
5. Routers at transceiving centers.
6. User (subscriber) managing devices.
7. Content protecting devices.
8. Satellite television.
9. Terrestrial television.
10. Analog cable television.
11. Digital cable television.
12. Internet protocol television (IPTV).
13. Terrestrial mobile television.
14. Satellite mobile television.
15. Mobile television via terrestrial mobile telecommunication network.
16. Internet radio and television.
Article 25. Quality management of radio and television devices and
services
1. The conformity of radio and television devices and services with
standards and technical regulations shall be assessed as follows:
a/ Radio and television devices must have regulation conformity certified
or announced for each type of device and be stuck with a regulation conformity
mark before they are marketed;
b/ The radio and television services prescribed in Clauses 8 thru 16, Article
24 of this Decree must have their quality announced and comply with the
Ministry of Information and Communications’s regulations on quality inspection
and supervision.
2. The Ministry of Information and Communications shall:
a/ Promulgate a list of radio and television devices subject to regulation
conformity requirements in each period;
b/ Specifically regulate the assessment of radio and television devices’
conformity with standards and technical regulations ;
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c/ Establish procedures for quality announcement and promulgate
regulations on quality management, inspection, examination and supervision of
radio and television services.
Article 26. Operation reporting
1. The Ministry of Information and Communications shall prescribe
reporting regimes and forms of reports on operations of radio and television
services for radio and television service providers; and operations of co-
production of programs and channels for domestic channel producers.
2. A radio or television service provider shall:
a/ Make periodical reports or irregular reports on radio or television service
provision activities at the request of the Ministry of Information and
Communications (the Authority of Broadcasting and Electronic Information)
and the provincial-level Information and Communications Department of the
locality where the radio or television service is provided;
b/ Prove the accuracy of reported contents and statistics at the request of
competent agencies.
3. A domestic channel producer shall:
a/ Make periodical reports or irregular reports on co-production of
programs and channels at the request of the Ministry of Information and
Communications (the Authority of Broadcasting and Electronic Information);
b/ Prove the accuracy of reported contents and statistics at the request of
competent agencies.
4. The Ministry of Information and Communications (the Authority of
Broadcasting and Electronic Information) shall use contents and statistics in
operation reports for the state management of radio and television service
provision activities and co-production of radio and television programs and
channels.
Article 27. Service charge rates
1. The Ministry of Information and Communications shall promulgate
economic-technical norms on transmission and broadcast of domestic political
and essential information channels on public radio and television services.
2. Charge rates of pay radio and television services shall be made public in
accordance with law as follows:
a/ Pay radio and television service providers shall post up charge rates of
services and service packages together with basic information and technical
specifications of these services and service packages;
b/ Service providers shall decide on the places for posting up charge rates
of pay radio and television services at business establishments having service
provision transaction counters and at other places in accordance with law.
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Chapter V
RECEPTION OF TELEVISION SIGNALS FROM SATELLITE
Article 28. Reception of television signals within radio and television
services
A radio or television service user in Vietnam may install a satellite
television signal reception device to receive and watch channels within satellite
television services of Vietnam without having to register with competent
agencies.
Article 29. Reception of television signals outside radio and television
services
1. Reception of television signals from satellite outside satellite television
services of Vietnam means receiving foreign television signals directly from
satellite to watch foreign television channels which are not edited by press
agencies.
2. Entitled to receive foreign television signals from satellite for
exploitation of information for professional operations are:
a/ Party and state agencies, central and provincial-level socio-political mass
organizations;
b/ Press agencies;
c/ Foreign diplomatic agencies and organizations in Vietnam;
d/ Representative and resident offices of foreign news and press agencies in
Vietnam.
3. Organizations other than those prescribed in Clause 2 of this Article
having foreign employees and foreign families and individuals may receive
television signals from satellite for channels which have not been provided on
pay television of Vietnam in the localities where they establish the signal
reception device system.
4. An enterprise licensed for pay radio and television service provision may
act the focal point for establishing the system of devices for receiving television
signals from satellite without editing for provision to the following subjects:
a/ Those prescribed in Clauses 2 and 3 of this Article that do not have the
conditions or do not have the need to establish a system of devices for receiving
television signals from satellite;
b/ Lawfully registered hotels having foreign customers.
5. The subjects prescribed in Clauses 2 and 3, and Point b, Clause 4, of this
Article shall register their reception of foreign television signals from satellite
with the provincial-level Information and Communications Department of the
locality where their signal reception device system is established.
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6. An enterprise licensed to provide pay radio or television services that has
agreements or contracts on provision of television signals from satellite without
editing to the subjects prescribed in Clause 4 of this Article shall register to act
as the focal point for establishing the system of devices for receiving foreign
television signals from satellite with the provincial-level Information and
Communications Department of the locality where such system is established.
Article 30. Procedures for grant of registration certificates of reception of
foreign television signals from satellite
1. Provincial-level Information and Communications Departments shall
manage, consider and grant registration certificates of reception of foreign
television signals from satellite in the localities under their management.
2. The dossier and procedures for registration of reception of foreign
television signals from satellite are prescribed as follows:
a/ A registration declaration made according to the form provided by the
Ministry of Information and Communications;
b/ A certified copy, or a copy together with the original for comparison, of
the establishment license or a document of equivalent legal validity, for the
organizations prescribed in Clause 2, Article 29 of this Decree; the enterprise
registration certificate or investment certificate (if any), for organizations, or
permanent residence card or document of equivalent legal validity, for foreign
families and individuals prescribed in Clause 3, Article 29 of this Decree; the
operation registration, for hotels prescribed at Point b, Clause 4, Article 29 of
this Decree; or license for pay radio or television service provision, for the
enterprises prescribed in Clause 6, Article 29 of this Decree;
c/ A certified copy, or a copy together with the original for comparison, of
the document on rent or borrowing of the place for device installation, in case
devices are not installed at the place stated in the establishment license,
investment certificate, enterprise registration certificate, permanent residence
card or license for pay radio or television service provision;
d/ A dossier shall be made in 1 (one) original set and submitted directly or
by post to the provincial-level Information and Communications Department of
the locality where the system of devices for receiving foreign television signals
from satellite is established.
dd/ Within 15 (fifteen) working days after receiving a valid dossier, the
provincial-level Information and Communications Department shall consider
and grant a registration certificate of reception of foreign television signals from
satellite. In case of refusal, it shall issue a written reply clearly stating the
reason;
e/ The Ministry of Information and Communications shall issue the form of
the registration certificate of reception of foreign television signals from
satellite;
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g/ A registration certificate of reception of foreign television signals from
satellite is valid for 5 (five) years at most but must not exceed the validity period
of the establishment license, enterprise registration certificate, investment
certificate, permanent residence card or license for pay radio or television
service provision;
3. Dossier and procedures for modification of a registration certificate of
reception of foreign television signals from satellite:
a/ A written request specifying contents to be modified; for change of
installation place, a certified copy, or a copy together with the original for
comparison, of the document proving the ownership, rent or borrowing of the
new place;
b/ A dossier shall be made in 1 (one) original set and submitted directly or
by post to the provincial-level Information and Communications Department of
the locality where the devices for receiving foreign television signals from
satellite are installed;
c/ Within 10 (ten) working days after receiving a valid dossier, the
provincial-level Information and Communications Department shall consider
and grant a registration certificate of reception of foreign television signals from
satellite. In case of refusal, it shall issue a written reply clearly stating the
reason.
Chapter VI
IMPLEMENTATION PROVISIONS
Article 31. Effect
1. This Decree takes effect on March 15, 2016.
2. On the effective date of this Decree, the following legal documents and
regulations cease to be effective:
a/ The Prime Minister’s Decision No. 20/2011/QD-TTg of March 24, 2011,
promulgating the Regulation on pay television operations;
b/ The Prime Minister’s Decision No. 18a/2013/QD-TTg of March 29,
2013, amending and supplementing a number of articles of the Regulation on
pay television operations, promulgated together with the Prime Minister’s
Decision No. 20/2011/QD-TTg of March 24, 2011;
c/ The Information and Communications Ministry’s Circular No.
19/2009/TT-BTTTT of May 28, 2009, on co-production of radio and television
programs;
d/ Articles 10, 11 and 12 of the Information and Communications
Ministry’s Circular No. 07/2011/TT-BTTTT of March 1, 2011, detailing and
guiding the licensing of press operations in radio and television.
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3. Within 12 (twelve) months from the effective date of this Decree,
enterprises engaged in the provision of pay television services and having
technical transceiving infrastructure that do not have a license for
telecommunications network establishment shall carry out procedures for grant
of a license for telecommunications network establishment and a license for pay
radio or television service provision if they wish to continue operating in pay
television service provision.
4. Licenses and certificates granted under the Prime Minister’s Decision
No. 20/2011/QD-TTg of March 24, 2011, continue to be effective until they
expire.
Article 32. Implementation responsibilities
1. The Minister of Information and Communications shall guide and
inspect the implementation of this Decree.
2. Ministers, heads of ministerial-level agencies, heads of government-
attached agencies and chairpersons of provincial-level People’s Committees
shall implement this Decree.-
On behalf of the Government
Prime Minister
NGUYEN TAN DUNG
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