JOINT CIRCULAR No. 06/1997/TTLT/BVHTT-TCBĐ ON GUIDELINES FOR THE IMPLEMENTATION OF STATE MANAGEMENT OVER RADIO AND TELEVISION STATIONS

JOINT CIRCULAR

Regarding guidance on state management of radio and television stations

Pursuant to Decree No. 109/1997/NĐ-CP dated November 12, 1997 of the Government on Postal Services and Telecommunications.

Pursuant to Decree No. 81/CP dated November 8, 1993 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Culture and Information. Pursuant to Decree No. 12/CP dated March 11, 1996 of the Government on the functions, tasks, powers, and organizational structure of the General Department of Post and Telecommunications.

The Ministry of Culture and Information and the General Department of Post and Telecommunications provide guidance on state management of radio and television stations as follows: - The Ministry of Culture and Information is the state agency managing press activities.

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

1. Management Authority:

- The General Department of Post and Telecommunications is the state agency managing frequencies and radio transmitters.

2. Managed objects:

a. Objects that are press agencies:

- Vietnam Radio (VR), Vietnam Television (VT) and relay stations, transmission stations rebroadcasting programs under the system managed by the two national stations.

- Provincial and municipal radio and television stations directly under the central government.

- Centers (stations) rebroadcasting foreign television programs through satellite television systems, CAPS-MMDS.

b. Objects not classified as press agencies but engage in press activities: County and commune radio and television stations. Radio and television stations of production and business units.

II. CONDITIONS FOR RADIO AND TELEVISION OPERATIONS

Radio and television stations may only operate when they have all of the following permits:

1. Press agencies must have:

- A press activity permit from the Ministry of Culture and Information.

- A frequency and radio transmitter usage permit from the General Department of Post and Telecommunications.

2. Objects not classified as press agencies must have:

- An establishment decision from the supervising authority.

III. ISSUANCE OF RADIO AND TELEVISION OPERATION PERMITS

2. Objects not classified as press agencies must have:

1. Issuance of press activity permits:

The Ministry of Culture and Information guides press agencies to complete registration procedures according to the Press Law.

The registration dossier (according to the model) sent to the Ministry of Culture and Information (Press Department) includes:

- Application form for radio and television operation permit.

- List of key staff members of the station.

- Brief resumes of station leaders (General Director, Director, Chief Editor).

- Opinions of VR and VT regarding the radio and television registration of the stations.

- Stations rebroadcasting programs of VR and VT within the national station's coverage area do not need to apply for a press activity permit.

2. Issuance of frequency and radio transmitter usage permits:

The General Department of Post and Telecommunications guides existing or newly established radio and television stations (press agencies or non-press agencies engaging in press activities at central and local levels) to complete application procedures for frequency and radio transmitter usage permits.

The application dossier for frequency and radio transmitter usage permits sent to the General Department of Post and Telecommunications (Radio Frequency Division) includes:

- Official letter requesting permission to use frequencies and radio transmitters.

- Equipment declaration form (according to the General Department of Post and Telecommunications model).

- List of personnel operating or responsible for the equipment, reviewed by the provincial or municipal police.

- Press activity permit from the Ministry of Culture and Information (if the object is a press agency).

- Establishment decision of the station or relay station by the direct supervising authority.

Based on the dossier and technical standards, the General Department of Post and Telecommunications issues frequency and radio transmitter usage permits to new or existing radio and television stations.

The General Department of Post and Telecommunications' frequency and radio transmitter usage permit specifies: Assigned frequency or channel, identification, power, broadcast time, technical parameters, equipment...

The General Department of Post and Telecommunications (Radio Frequency Division) collects fees for frequency and radio transmitter usage from organizations and individuals inside and outside the country using frequencies and radio transmitters for radio and television stations. Collection methods and rates are implemented according to Decision No. 158/CT dated May 18, 1991 of the Prime Minister (formerly the Chairman of the Council of Ministers) and Circular No. 62/TC-TCDN dated July 31, 1995 of the Ministry of Finance.

After receiving all dossiers, within no more than 30 days, the Ministry of Culture and Information and the General Department of Post and Telecommunications will issue press activity permits and frequency and radio transmitter usage permits. In cases where permits are not issued or cannot be issued, a written response explaining the reasons must be provided.IV. PROVISIONS ON IMPLEMENTATION OF CONTENT IN RADIO AND TELEVISION OPERATION PERMITS

3. Permit issuance period

- Radio and television stations must comply with the contents specified in the permits issued by the Ministry of Culture and Information for press activities and by the General Department of Post and Telecommunications for frequency and radio transmitter usage.

- If there are changes or additions to any provisions in the permits, re-permitting procedures must be followed.- If stations request to broadcast new programs, additional programs, special programs, or increase/decrease broadcasting time, they must apply to the Ministry of Culture and Information.

- When stations transfer, liquidate equipment, change frequencies, power, broadcast times, station locations, coverage areas..., they must apply to the General Department of Post and Telecommunications for a new permit.

V. INSPECTION, VIOLATION HANDLING, AND APPEAL PROCEDURES

- The Ministry of Culture and Information and the General Department of Post and Telecommunications organize annual or spot inspections of the operations of radio and television stations nationwide regarding their objectives, purposes, programs, and broadcast content; compliance with frequency and radio transmitter usage regulations as stipulated in Parts II and IV of this Circular.

- Broadcasting stations and relay stations must complete procedures with the General Post Office Department to obtain new licenses when transferring, liquidating equipment, changing frequencies, power, operating hours, station locations, coverage areas, etc.

V. INSPECTION, HANDLING OF VIOLATIONS AND COMPLAINTS.

- The Ministry of Culture and Information and the General Post Office Department shall organize regular annual inspections or spot checks on the operation of radio and television broadcasting stations nationwide regarding their objectives, purposes, programs, and broadcast content; compliance with frequency usage regulations and VTĐ transmitter rules as stipulated in Part II and Part IV of this Circular.

- The competent authority, heads of radio and television stations shall be responsible for creating conditions for the inspection team to conduct on-site inspections at the stations; providing files and documents related to the activities of the stations, including both program content and broadcasting technology.

- During the inspection process, if violations concerning the objectives, purposes, and broadcasting content, or violations of the information dissemination regulations of radio and television are discovered, the inspection team will prepare a record and handle them according to current regulations.

- Radio and television stations, if encountering difficulties or obstacles in their operations, may submit a complaint letter or notify the state management agencies for press and frequency to consider and resolve the issues within their jurisdiction as prescribed by the Government.

VI. IMPLEMENTATION

This Circular takes effect fifteen days from the date of signature. Previous provisions contrary to this Circular are hereby abolished.

The officials, namely the Heads of the Press Department (Ministry of Culture and Information), the Policy Department of Posts and Telecommunications, the Director of the Radio and Television Frequency Management Bureau, the Regional Postal Service Bureau Directors (General Post Office Corporation), and the Directors of Provincial and Municipal Departments of Culture and Information shall be responsible for guiding and supervising the implementation of this Circular.

Any issues encountered during the implementation of this Circular that require clarification or amendments shall be reported in writing to the General Post Office Corporation and the Ministry of Culture and Information for joint consideration and resolution.