Joint Circular No. 01/2001/TTLT/BNG-TCBĐ guides foreign journalists' international broadcasting activities through the public telecommunications network in Vietnam.

JOINT CIRCULAR
Guidelines for foreign journalists to transmit video programs internationally through public telecommunications networks in Vietnam

Pursuant to Decree No. 67/CP dated October 31, 1996 of the Government promulgating the "Regulations on the activities of information and press of foreign journalists and organizations from abroad in Vietnam";
Pursuant to Decree No. 109/1997/NĐ-CP dated November 12, 1997 of the Government on Posts and Telecommunications;
The Ministry of Foreign Affairs and the Total Post and Telecommunications issue guidelines for foreign journalists to transmit video programs internationally through public telecommunications networks while conducting journalism activities in Vietnam as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

1. These Circulars guide foreign journalists to transmit video programs internationally through public telecommunications networks while conducting journalism activities in Vietnam.

2. The Ministry of Foreign Affairs shall perform state management functions over the journalism activities of foreign journalists throughout the country.

3. The Total Post and Telecommunications shall perform state management functions over the provision and use of international video transmission services throughout the country.

4. Organizations and individuals shall not take advantage of transmitting video programs internationally to oppose the Socialist Republic of Vietnam, incite hatred among ethnic groups, promote violence, or destroy the traditional customs and morals of the Vietnamese people.

5. The transmission of video programs by foreign journalists in Vietnam to international destinations must comply with current Vietnamese laws and international treaties to which Vietnam is a party.

6. Some terms in this Circular are defined as follows:

a) Foreign journalist refers to professional reporters currently working for foreign news agencies or freelance journalists engaged in journalism activities in Vietnam.

b) Journalism activities of foreign journalists in Vietnam include filming news events, taking journalistic photographs, conducting interviews, recording videos, and visiting localities and facilities.

c) The agency managing foreign journalists within the territory of Vietnam is the Information and Press Department of the Ministry of Foreign Affairs, authorized by the Ministry of Foreign Affairs to manage and grant permits for the journalism activities of foreign journalists; hereinafter referred to as the management agency.

d) The agency guiding the journalism activities of foreign journalists within the territory of Vietnam is a specialized agency authorized by the Ministry of Foreign Affairs to guide foreign journalists in their journalism activities in Vietnam; hereinafter referred to as the guidance agency.

e) An enterprise providing international video transmission services is an enterprise licensed by the Total Post and Telecommunications to provide such services; hereinafter referred to as the enterprise.

f) Business office is the location designated by the enterprise for communication and signing contracts for international video transmission services between foreign journalists and the enterprise.

g) Transmission site is the location where the enterprise installs telecommunications equipment to implement international video transmission services according to contracts signed with foreign journalists; hereinafter referred to as the transmission site.

II. SPECIFIC PROVISIONS

1. Foreign journalists wishing to transmit video programs internationally must submit an application for an international video transmission permit to the management agency. The application must clearly state: the name of the journalist; the name of the news agency; the content of the news and images to be transmitted and the time of transmission. The management agency will review and issue the permit or deny it within three working days from the date of receipt of the application. In the permit issued by the management agency to foreign journalists, the following details must be clearly stated: the name of the journalist; the name of the news agency; the content of the news and images to be transmitted; the validity period of the permit. If the permit is denied, the management agency will notify the foreign journalist in writing of the reasons within two working days from the date of receipt of the application.

2. Foreign journalists wishing to amend, supplement, or extend the permit must submit an application stating the reasons and a copy of the valid permit to the management agency. The management agency will review and issue the permit within two working days from the date of receipt of the application. If the permit is denied, the management agency will notify the foreign journalist in writing of the reasons within two working days from the date of receipt of the valid application.

3. International video transmission is carried out through a contract signed between foreign journalists and enterprises. When signing the contract and registering the transmission schedule at the business office, foreign journalists must present their passport or foreign journalist card issued by the Ministry of Foreign Affairs and the international video transmission permit issued by the management agency.

4. When conducting international video transmission at transmission sites in Hanoi and Ho Chi Minh City, foreign journalists or persons authorized by them must be present in accordance with Vietnamese law. When conducting international video transmission at other transmission sites outside Hanoi and Ho Chi Minh City, foreign journalists or persons authorized by them must be present together with representatives of one of the following units: the management agency, the guidance agency, or the local diplomatic office.

Responsibilities of the management agency and the guidance agency:

a) The management agency is the main responsible body for managing, organizing, and coordinating with relevant ministries and sectors to ensure that the content of news and images transmitted internationally at transmission sites complies with the regulations stipulated in the permit.

b) The guidance agency is directly responsible for managing and guiding foreign journalists to conduct international video transmission after being granted permission by the management agency.

c) In case the international video transmission by foreign journalists is suspended, the management agency must promptly notify the enterprise in writing.

Responsibilities of the enterprise:

a) Receive and process requests from foreign journalists, handle procedures with relevant international telecommunications organizations, and represent to pay all fees and charges to related parties.

b) Notify the management agency of foreign journalists of the addresses of transaction offices for signing international television transmission contracts.

c) Ensure the quality of the transmission system to provide services according to signed contracts, except in cases where service provision must be stopped due to legitimate objective reasons.

d) Report on the operation of international television transmission by foreign journalists to the General Post Office Department as required.

đ) Coordinate with units under the Ministry of Foreign Affairs, units under the General Post Office Department, and competent state management agencies to handle violations of this Circular.

7. Responsibilities of foreign journalists.

a) Complete procedures with state management agencies regarding international television transmission as stipulated in this Circular.

b) Ensure international television transmission in accordance with the content and topics recorded in the license and bear responsibility for the content of information and images transmitted through the public telecommunications network.

c) In case a foreign journalist is suspended from broadcasting or violates the contract, the foreign journalist must pay service charges to the enterprise in accordance with current laws.

III. INSPECTION, VIOLATION HANDLING AND COMPLAINTS

1. International television transmission in Vietnam shall be subject to inspection by competent state management agencies.

2. Any violation of the provisions of this Circular will be handled in accordance with current Vietnamese laws.

3. Enterprises and foreign journalists have the right to lodge complaints with the Ministry of Foreign Affairs and the General Post Office Department regarding issues related to state management authority in international television transmission.

IV. IMPLEMENTATION

1. This Circular takes effect fifteen days from the date of signature. Previous guiding documents contrary to this Circular are abolished.

2. During the implementation of this Circular, any difficulties should be promptly reported to the Ministry of Foreign Affairs and the General Post Office Department for consideration and resolution.