Decree No. 06/2016/ND-CP on the management, provision, and use of radio and television services

DECREE

Management, provision, and use of radio and television services

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Press Law dated December 28, 1989; the Law Amending and Supplementing Certain Provisions of the Press Law dated June 12, 1999;

Pursuant to the Law on Telecommunications dated November 23, 2009;

At the proposal of the Minister of Information and Communications;

The Government issues a Decree on the management, provision, and use of radio and television services.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree details the management of content information, quality, pricing, provision, and use of radio and television services in Vietnam; the reception of foreign television channels directly from satellites in Vietnam.

Article 2. Applicability

This Decree applies to organizations and individuals, both domestic and foreign, involved in the activities of managing content information, quality, pricing, provision, and use of radio and television services in Vietnam; the activities of receiving foreign television channels directly from satellites in Vietnam.

In this Decree, the following terms shall be understood as follows:

3. Domestic channel program is a radio channel program or television channel program produced or co-produced by news agencies with a Permit for Radio and Television Operations (spoken news, visual news) in accordance with the provisions of the law.

4. Channel program serving political tasks, essential informational propaganda is a domestic channel program defined by competent state management authorities in accordance with the requirements of serving political tasks and essential informational propaganda at each stage; including national and local channel programs serving political tasks and essential informational propaganda.

5. Foreign channel program is a radio channel program or television channel program produced by foreign broadcasting companies, expressed in foreign languages.

6. Co-production activity of radio and television programs is a cooperative activity to produce domestic channel programs between units with a Permit for Producing Domestic Channel Programs and their partners through a cooperation agreement.

9. Technical infrastructure for broadcasting radio and television signals is a telecommunications network meeting the requirements for providing radio and television services.

10. Service user is an organization or individual with terminal equipment meeting the requirements for using radio and television services.

12. Terminal equipment is the device receiving radio and television signals at the end point of the technical infrastructure for broadcasting radio and television signals on the user side.

13. Paid radio and television terminal equipment is terminal equipment integrated with functions suitable for content protection and subscriber management by paid radio and television service providers.

14. End point of radio and television service is the physical connection point within the telecommunications network according to technical standards and regulations for broadcasting radio and television signals to ensure the connection of terminal equipment to the network and delineate economic and technical boundaries between the radio and television service provider and the service user.

15. Transmission center is the location where radio and television transmission equipment is set up as a system to receive, process baseband signals, and provide radio and television signals to the technical infrastructure for broadcasting radio and television signals to supply to users.

Article 4. Classification of broadcasting and television services

1. Types of broadcasting and television services include:

a) Terrestrial television service: This is a type of broadcasting and television service that uses terrestrial digital television transmission infrastructure to provide radio and television channels to service users.

b) Cable television service: This is a type of broadcasting and television service that uses cable television transmission infrastructure applying different technologies to provide radio and television channels to service users, including: Analog cable television service; Digital cable television service; Internet Protocol Television (IPTV) service.

c) Satellite television service: This is a type of broadcasting and television service that uses satellite television transmission infrastructure to provide radio and television channels to service users.

d) Mobile television service: This is a type of broadcasting and television service that uses mobile terrestrial television transmission infrastructure, satellite mobile television transmission infrastructure, and mobile terrestrial telecommunications network television transmission infrastructure to provide radio and television channels to service users.

2. Broadcasting and television services as specified in Clause 1 of this Article are provided to users in two methods: promotion and payment, as follows:

a) Promotional broadcasting and television service is a service provided freely by enterprises meeting the conditions stipulated by law without applying technical measures to manage, control, or bind signal reception conditions.

b) Paid broadcasting and television service is a service provided by enterprises licensed to provide paid broadcasting and television services, which apply technical measures to manage, control, and bind signal reception conditions.

2. Develop a sustainable market for paid broadcasting and television services, creating a fair competitive environment to mobilize social resources to serve political tasks, information dissemination, and meet the healthy and diverse entertainment needs of citizens.

3. Create favorable conditions to mobilize and utilize social resources to participate in producing domestic programs and channels through collaboration to enhance public awareness, meet the cultural and spiritual enjoyment needs of citizens; protect and promote the fine historical and cultural traditions of the nation, contributing to building and defending the Socialist Republic of Vietnam.

6. Create favorable conditions for the Association of Pay Television and enterprises providing broadcasting and television services to operate effectively to contribute to promoting the development of the broadcasting and television service market in line with the Party's guidelines and State policies and laws.

Article 6. State Management of Radio and Television Services

1. Responsibilities of the Ministry of Information and Communications

a) To take the lead and coordinate in drafting, promulgating according to its authority or submitting to the competent authority for promulgation legal documents, strategies, plans, policies of the State on radio and television service activities;

b) To take the lead and coordinate in drafting, promulgating according to its authority technical standards for infrastructure providing radio and television services;

c) To manage state administration in the field of pricing for radio and television services;

d) To conduct scientific research, apply modern technology, and establish technical standards applicable in radio and television service activities; to train and enhance professional skills in radio and television service activities;

đ) To manage and organize international cooperation in radio and television service activities;

e) To issue, renew, reissue, extend, and revoke various types of licenses and certificates in radio and television service activities in accordance with the Law on Press and this Decree;

g) To guide the implementation of information reporting, statistics systems, and to uniformly issue forms used in radio and television service activities;

h) To manage, inspect, supervise, resolve complaints and denunciations, and handle violations of law in radio and television service activities within its authority.

2. Ministries, agencies at the level of ministries, provincial People's Committees, and centrally-run city People's Committees within their respective functions, tasks, and powers shall be responsible for coordinating with the Ministry of Information and Communications to implement state management over radio and television service activities.

Chapter II
MANAGEMENT, PROVISION AND USE OF RADIO AND TELEVISION SERVICES

Section 1
ADVERTISING RADIO AND TELEVISION SERVICES

Article 7. Rights and Obligations of Units Providing Advertising Radio and Television Services

1. Rights of Units Providing Advertising Radio and Television Services

a) To independently select domestic program channels suitable for provision on the service in compliance with Article 13 of this Decree;

b) To independently select telecommunications network units suitable for providing advertising radio and television services when the unit providing such services does not have a telecommunications network;

c) To use specialized equipment to install the name and logo of the service on television program channels in compliance with Article 23 of this Decree.

2. Obligations of Units Providing Advertising Radio and Television Services

a) To have a plan allocating transmission capacity to implement broadcasting on the service of program channels in accordance with Clause 4 of Article 13 of this Decree and according to the responsibilities assigned by the competent authority;

b) To comply with the State's regulations on managing content information and protecting copyright of program and channel content of radio and television;

c) To comply with the professional reporting system for central and local management authorities as prescribed;

d) To be subject to inspection and supervision by authorized agencies in accordance with the law.

Article 8. Rights and Obligations of Radio and Television Broadcasting Service Users

1. Rights of Radio and Television Broadcasting Service Users

a) To own terminal equipment proactively and choose to use radio and television broadcasting services provided by service providers according to their needs;

b) To be provided with information about national radio and television broadcasting services;

c) To lodge complaints about service quality to state management agencies.

2. Obligations of Radio and Television Broadcasting Service Users

To comply with legal provisions on protecting copyright ownership of program content, radio and television channels.

Article 9. Principles for Providing Radio and Television Broadcasting Services

1. To provide universal access to radio and television broadcasting services throughout the country, prioritizing remote, border, island, and particularly difficult areas.

2. To ensure compliance with state planning regulations concerning: journalism; radio and television transmission and broadcasting; development of radio and television services.

3. To ensure compliance with legal provisions on managing Internet resources and radio frequency spectrum.

4. To ensure that service content complies with legal provisions on managing information content as stipulated in this Decree.

5. To ensure compliance with national technical standards and specifications regarding the quality of radio and television equipment and services.

Section 2
PAID RADIO AND TELEVISION SERVICES

Article 10. Rights and Obligations of Paid Radio and Television Service Providers

1. Rights of Paid Radio and Television Service Providers

a) To proactively select domestic and foreign program channels, on-demand content, and value-added content to provide within service packages;

b) To use specialized equipment to install names and service identification symbols on television channels of service packages in accordance with Article 23 of this Decree;

c) To proactively choose telecommunications network providers suitable for providing paid radio and television services when the paid radio and television service provider does not have its own telecommunications network;

d) To apply appropriate technology to provide language selection features in Vietnamese audio or subtitles by entities authorized to edit foreign program channels.

2. Obligations of Paid Radio and Television Service Providers

a) To comply with state regulations on managing information content and protecting copyright ownership of radio and television program content and other contents on the service;

b) To comply with state regulations on fees, charges, prices, and service provision contracts;

c) To comply with regulations in the license for providing paid radio and television services issued;

d) To comply with business reporting requirements to central and local state management agencies as prescribed;

đ) Paid radio and television service providers with telecommunications networks to comply with enterprise ownership regulations under telecommunications laws;

e) Not to provide or test-provide channels outside the registered list in any form;

g) Not to sell, transfer, lease, or lend the license for providing paid radio and television services in any form;

h) To be subject to inspection and supervision by competent authorities as prescribed by law.

Article 11. Rights and Obligations of Pay Television and Radio Subscribers

1. Rights of Pay Television and Radio Subscribers

a) The right to choose service providers for pay television and radio services to enter into contracts for the provision and use of such services;

b) The right to request service providers for pay television and radio services to provide necessary information related to the quality and conditions of using such services;

c) The right to use pay television and radio services according to the quality, tariff rates, and other provisions stipulated in the contract concluded with the service provider;

d) The right to refuse to use part or all of the pay television and radio services according to the contract concluded with the service provider;

đ) The right to ensure the confidentiality of personal information in accordance with the law;

e) The right to lodge complaints about tariff rates and service quality; to be refunded for tariff rates and compensated for direct losses caused by the service provider's fault when the service is not provided as stipulated in the contract;

2. Obligations of Pay Television and Radio Subscribers

a) To fully and timely pay the tariff rates for pay television and radio services;

b) To comply with all terms stipulated in the contract for the provision of pay television and radio services;

c) To abide by the laws on protecting copyright ownership of program content, radio and television channels;

d) Not to provide or resell pay television and radio services under any form;

Article 12. Issuance of Service Provision License for Pay Television and Radio Services

1. Conditions for Issuing the License:

a) Being a Vietnamese enterprise. For foreign-invested enterprises, approval from the Prime Minister on the policy orientation is required;

b) Having a service provision plan that aligns with the development planning for television and radio services, broadcasting transmission planning, and other planning within the field of television and radio, electronic information;

c) Possessing a Telecommunication Network Establishment Permit or having an agreement to lease or use a telecommunication network that meets technical requirements for transmitting services to subscribers connected to that telecommunication network for services specified in Points a, b, c, d, Clause 1, Article 4 of this Decree; having confirmation of registration for the ".vn" domain name or a specific internet address to provide services to subscribers for services specified in Point đ, Clause 1, Article 4 of this Decree;

d) Having plans for: Human resource allocation; investment in technical equipment; market forecasting and analysis; business plans and service tariffs, investment cost estimates and operational costs for at least the first two years; documents proving the registered capital or equivalent value to meet the requirements for providing services according to the budget;

đ) Having a plan to establish a central receiving and transmitting center for all domestic and foreign program channels, except those channels serving essential political tasks and local information dissemination, including: Technical system design for signal processing equipment, connection equipment to the transmission network, service management equipment, subscriber management, and content protection;

e) Having a plan to apply modern technology in compliance with state regulations on technical standards and norms to ensure service quality and information security; promptly handling technical issues to ensure service continuity and subscriber benefits;

g) Having a list of planned domestic program channels (excluding those specified in Clause 4, Article 13 of this Decree), foreign program channels, on-demand content, and value-added content to be provided on pay television and radio services accompanied by approval documents from content providers;

h) Having an agreement on signal reception points for program channels in compliance with Point c, Clause 1, Article 14 of this Decree;

2. Application Documents for Issuing the License

a) A request for issuance of a service provision license for pay television and radio services in the format prescribed by the Ministry of Information and Communications;

b) A certified copy or a copy with the original for comparison of one of the latest issued documents: Business Registration Certificate; Investment Registration Certificate (if applicable);

d) A certified copy of the Telecommunication Network Establishment Permit or a certified copy of the agreement to lease or use a telecommunication network of a telecommunication network provider during the validity period of the Telecommunication Network Establishment Permit for services specified in Points a, b, c, d, Clause 1, Article 4 of this Decree; a certified copy of confirmation for registration of the ".vn" domain name or a specific internet address for services specified in Point đ, Clause 1, Article 4 of this Decree;

In cases where enterprises providing services specified in Points a, b, c, d, Clause 1, Article 4 of this Decree do not have a telecommunication network, they must have cooperation regulations with telecommunication network providers or additional technical solutions to handle failures and ensure service quality and continuity;

đ) Documentation for registering the content catalog on pay television and radio services as stipulated in Clause 5, Article 21 of this Decree;

3. Procedures for Issuing the License

a) The application file shall be prepared in two (two) sets (one original set and one copy set), to be submitted directly or sent through the postal system to the Ministry of Information and Communications, and the enterprise shall bear responsibility for the accuracy and truthfulness of the application file.

b) Within thirty (30) working days from the date of receipt of a valid application file, the Ministry of Information and Communications shall have the responsibility to examine and issue the License for providing pay television and radio services. In case the License is not issued, the Ministry of Information and Communications shall provide a written response stating the reasons.

4. Term of the License

a) The License for providing pay television and radio services shall have a maximum validity period of ten (10) years from the date of issuance but shall not exceed the validity period recorded in the License for establishing a telecommunications network or the agreement on leasing or using the telecommunications network infrastructure for the services specified in Points a, b, c, d, Clause 1, Article 4 of this Decree; confirmation of registration of the ".vn" domain name or a specific Internet address for the service specified in Point e, Clause 1, Article 4 of this Decree.

b) After one (1) year from the effective date of the License, if the enterprise that has been granted the License does not provide the pay television and radio services, the License will lose its validity. The Ministry of Information and Communications shall be responsible for issuing a decision to revoke the License.

If the enterprise wishes to continue providing the service, it must submit the application file and procedures for reissuing the License as stipulated in Clauses 2 and 3 of this Article.

5. Application Files and Procedures for Amending and Supplementing the Content of the License:

a) In cases where there are changes in the transmission center, technical methods, or service types, the enterprise shall submit the application file and procedures for amending and supplementing the License as stipulated in Clauses 2 and 3 of this Article.

b) For other changes in the content recorded in the License for providing pay television and radio services, the enterprise must submit a written request accompanied by a detailed explanation of the changes.

c) The application file shall be prepared in two (two) sets (one original set and one copy set) to be submitted directly or sent through the postal system to the Ministry of Information and Communications.

d) Within fifteen (15) working days from the date of receipt of a valid application file, the Ministry of Information and Communications shall have the responsibility to examine and issue the amended and supplemented License for providing pay television and radio services. In case the amended and supplemented License is not issued, the Ministry of Information and Communications shall provide a written response stating the reasons.

e) In cases where there are changes in the main office address, legal representative, business registration certificate, or investment registration certificate, the enterprise must notify the licensing authority in writing within thirty (30) days from the date of the formal change.

6. Extension of the License

a) Sixty (60) days before the expiration date of the License, if the enterprise wishes to extend the License, it must submit a written request for extension specifying the extended term along with a copy of the License or provide the License number already issued to the Ministry of Information and Communications.

b) Within twenty (20) working days from the date of receipt of a valid request, the Ministry of Information and Communications shall have the responsibility to examine and extend the License. In case the License is not extended, the Ministry of Information and Communications shall provide a written response stating the reasons.

c) The License may be extended only once and shall not exceed five (5) years in duration but shall not exceed the validity period recorded in the License for establishing a telecommunications network or the agreement on leasing or using the telecommunications network infrastructure for the services specified in Points a, b, c, d, Clause 1, Article 4 of this Decree; confirmation of registration of the ".vn" domain name or a specific Internet address for the service specified in Point e, Clause 1, Article 4 of this Decree.

7. Application Files and Procedures for Reissuing the License

a) In cases where the License has expired or the extended License has expired, the enterprise shall submit the application files and procedures for reissuing the License as stipulated in Clauses 2 and 3 of this Article.

b) In cases where the License is lost or damaged and cannot be used, the enterprise holding the License shall submit a written request for reissuing the License to the Ministry of Information and Communications. The request must specify the License number, the issuance date of the License, and the reason for requesting the reissue. In cases where the License is damaged, the damaged License must be submitted together.

c) Within ten (10) working days from the date of receipt of the request, the Ministry of Information and Communications shall review and reissue the License. In case the License is not reissued, the Ministry of Information and Communications shall provide a written response stating the reasons.

Chapter III
MANAGEMENT OF CONTENT ON TELEVISION AND RADIO SERVICES

Article 13. Content of information on broadcasting services for advertising

1. The content of information on broadcasting services for advertising includes:

a) Channels of programs serving political tasks, essential national and local propaganda information;

3. Service providers of broadcasting services for advertising are responsible for maintaining the integrity of the channels of programs, except in cases where the name and logo (logo) of the service provider unit are set on the channel program for service identification as stipulated in Article 23 of this Decree.

4. The Ministry of Information and Communications shall specify the list of channels of programs serving political tasks and essential national and local propaganda information based on the purpose and objectives of the channels and in accordance with the requirements for serving political tasks and propaganda at different stages.

The content of information on paid broadcasting services is organized into service packages and defined as follows:

a) Channels of programs serving essential national political tasks and propaganda information must be provided to all subscribers;

b) Channels of programs serving essential political tasks and propaganda information of the locality must be provided to paid television subscribers within the administrative area where the service provider operates, except in cases where the paid broadcasting service provider uses transmission technology that does not have the capability to insert or replace channel programs;

c) The point of receiving signals of channels of programs serving political tasks and essential propaganda information shall be implemented according to the agreement between the content provider unit and the service provider unit from the overall control of the content provider unit or from a convenient location that is closest and in compliance with legal regulations, the content provider unit being responsible for ensuring signal quality and minimizing transmission costs for the service provider unit.

2. The enhanced service package includes domestic and foreign channels of programs decided by the service provider unit.

Article 15. Issuance of Production Permit for Domestic Program Channels

1. The entity requesting issuance of the Production Permit for Domestic Program Channels must be a press agency with a Radio and Television Operation Permit.

2. Application Documents for Issuing the License

a) A request for issuance of the Production Permit for Domestic Program Channels according to a form prescribed by the Ministry of Information and Communications;

b) A copy or provision of the number of the Radio and Television Operation Permit;

c) A production plan for the domestic program channel specifying: Purpose of production; name, logo; mission and purpose of the program channel; content of the program channel; image resolution of the program channel; proposed schedule for one month; target audience; production capacity of the program channel (including: personnel, infrastructure, equipment, finance); organization and management procedures for the program channel's content; technical methods for distributing the program channel to radio and television service providers; economic and social benefits of the channel;

d) In case the program channel is a joint product, the production plan for the program channel must provide information on the joint product, including: Address, capability of the joint partner; form of cooperation; rights and obligations of the parties involved in the cooperation;

đ) Approval document for the production plan of the program channel from the supervising authority for provincial or centrally-administered city press agencies or ministries and sectors; for central press agencies, the production plan must be approved by the head of the press agency;

e) In case of requesting issuance of permits for multiple program channels, the entity requesting the permit must prepare a separate plan for each specific program channel;

3. Procedures for Issuing the License

a) The dossier shall be established in two sets (one original set and one duplicate set) to be submitted directly or sent via postal services to the Ministry of Information and Communications, and the press agency shall bear responsibility for the accuracy and truthfulness of the dossier;

b) Within thirty working days from the date of receipt of a valid dossier, the Ministry of Information and Communications shall have the responsibility to examine and issue the Production Permit for Domestic Program Channels. If the permit is not issued, the Ministry of Information and Communications shall provide a written response stating the reasons;

4. Term of the License

a) The Production Permit for Domestic Program Channels shall be valid for a maximum of ten years from the date of issuance, but shall not exceed the validity period of the Radio and Television Operation Permit of the entity receiving the permit. An entity holding a Production Permit for Domestic Program Channels may proactively provide the produced program channel to radio and television service providers nationwide;

b) After ninety days from the effective date of the permit, if the entity receiving the permit does not implement the production of the program channel, the permit will lose its value. If the entity wishes to continue producing the program channel, it must go through the procedure to request issuance of the permit, following the initial issuance procedures stipulated in Clauses 2 and 3 of this Article;

5. Dossier and Procedures for Amending and Supplementing the Content of the Permit

a) In case of changing the mission and purpose of the program channel, the entity holding the permit shall follow the dossier and procedures for amending and supplementing as stipulated in Clauses 2 and 3 of this Article for the initial issuance of the permit;

b) In case of changing other contents recorded in the permit, the entity holding the permit must submit a written request accompanied by a description of the changes and an approval document for the changes from the supervising authority for provincial or centrally-administered city press agencies or ministries and sectors; for central press agencies, the change request document must be signed by the head of the press agency;

c) For cases of increasing or decreasing the duration of the program channel or self-produced programs, in addition to the requirements for the dossier specified in Point b, Clause 5 of this Article, the entity holding the permit must provide a plan detailing the name, content, time, and broadcast duration of additional programs or programs to be reduced; proposed broadcast schedule for one month; organization plan for producing additional program duration;

d) The dossier shall be established in two sets (one original set and one duplicate set) to be submitted directly or sent via postal services to the Ministry of Information and Communications;

đ) Within twenty working days from the date of receipt of a valid dossier, the Ministry of Information and Communications shall have the responsibility to examine and issue the amended and supplemented Production Permit for Domestic Program Channels. If the amended and supplemented permit is not issued, the Ministry of Information and Communications shall provide a written response stating the reasons;

6. Dossier and Procedures for Reissuing the Permit

a) Ninety days before the Production Permit for Domestic Program Channels expires, if the entity holding the permit wishes to continue producing the program channel, it must follow the procedures for reissuing the permit;

b) The request for reissuance of the permit must be signed by the head of the press agency; for provincial or centrally-administered city press agencies or ministries and sectors, it must be accompanied by a reissuance request document from the supervising authority;

c) A copy or provision of the number of the previously issued Production Permit for Domestic Program Channels;

d) A report evaluating the production activities of the program channel since the issuance of the permit, including: Providing data to evaluate the impact of the channel; list of programs or special sections broadcast on the channel (including: broadcast time, duration; source of programs; broadcast schedule; list of leaders responsible for business departments or the program channel; reporters, editors responsible for producing the program channel);

đ) The dossier shall be established in two sets (one original set and one duplicate set) to be submitted directly or sent via postal services to the Ministry of Information and Communications;

e) Within thirty working days from the date of receipt of a valid dossier, the Ministry of Information and Communications shall have the responsibility to reissue the Production Permit for Domestic Program Channels. If the permit is not reissued, the Ministry of Information and Communications shall provide a written response stating the reasons.

Article 16. Production Linkage for Radio and Television Programs

1. Units holding a Permit to produce domestic program channels may select and be responsible for partners that are organizations established under Vietnamese law to collaborate in producing part or all of the programs or channels.

2. The benefits of the collaborating partner shall be paid from advertising revenues, sponsorships, or other lawful sources of income of the unit holding the Permit to produce the channel when broadcasting the linked program or channel.

4. Programs implementing collaborative activities within channels serving political tasks and essential information dissemination as prescribed by the State, and comprehensive news-political channels shall not exceed 30% of the total broadcast time of the first airing according to the Permit of the channel.

a) Decide on the broadcast content of the linked program or channel to ensure compliance with Vietnamese laws on press;

b) Report in writing when implementing new linked programs.

Article 17. Foreign Channels on Pay Television Services

Foreign channels provided on pay television services in Vietnam must meet the following requirements:

1. The number of foreign channels exploited on the pay television service system shall not exceed 30% of the total number of channels exploited.

2. They must have wholesome content suitable to Vietnamese culture and not violate Vietnamese laws on press.

3. They must have satisfied the requirement of ownership or usage rights for content when providing on the pay television service in Vietnam.

4. They must have been registered for provision on the pay television service according to Article 18 of this Decree.

5. They must be edited and translated by a unit holding a Permit to edit foreign channels as stipulated in Article 20 of this Decree, which shall be responsible for the edited and translated content.

7. They must have an authorized agent in Vietnam to fulfill financial obligations as prescribed by Vietnamese law.

Article 18. Registration for Providing Foreign Channels on Pay Television Services

1. Foreign television companies providing foreign channels into Vietnam with content copyright fees must go through an authorized agent in Vietnam to register for providing the channels and fulfill financial obligations to the Vietnamese Government.

2. Foreign television companies must clearly define the scope of authorization for each agent when simultaneously authorizing two or more agents.

3. For foreign channels without content copyright fees, foreign television companies only need to follow the editing and translating procedures as prescribed, without needing to go through an authorized agent in Vietnam.

4. The authorized agent is a Vietnamese enterprise authorized by foreign television companies to act as an agent for providing foreign channels on pay television services in Vietnam.

5. The authorized agent has the responsibility to register for providing foreign channels on pay television services in Vietnam with the Ministry of Information and Communications.

6. Documents and Procedures for Issuing the Certificate of Registration for Providing Foreign Channels

a) Application form for registering to provide foreign channels on pay television services according to the model prescribed by the Ministry of Information and Communications;

b) A certified copy of the Operating Permit of the foreign television company owning the foreign channel, accompanied by a Vietnamese translation certified true;

d) A certified copy or a copy with the original for comparison of the Business Registration Certificate, Investment Registration Certificate (if any) of the authorized agent;

đ) A certified copy or a copy with the original for comparison of the document confirming the authorization by the foreign television company for the enterprise to act as an agent for providing foreign channels on pay television services, accompanied by a Vietnamese translation certified true (if the document is in a foreign language);

e) A description of the foreign television company regarding the content of the channel, the broadcast schedule of the channel for one month, accompanied by a Vietnamese translation certified true (if the document is in a foreign language);

g) The application file shall be made in two sets (one original set, one copy set), submitted directly or sent via postal service to the Ministry of Information and Communications, and the enterprise shall be responsible for the accuracy and truthfulness of the application file for issuing the Certificate of Registration;

h) Within thirty working days from the date of receiving complete applications, the Ministry of Information and Communications shall be responsible for issuing the Certificate of Registration for providing foreign channels on pay television services, specifying clearly the editing and translating requirements for the registered channel.

i) The certificate of registration for providing foreign program channels on paid broadcasting services shall be valid for a maximum of five (5) years from the date of issuance but shall not exceed the validity period stated in the authorization agency's authorization document. In cases where the certificate of registration is not issued, the Ministry of Information and Communications shall provide a written response specifying the reasons.

7. Documents and procedures for amending and supplementing the certificate of registration

a) In cases of changes to the type of program channel, the content of the program channel, the enterprise shall follow the registration documents and procedures as stipulated in Clause 6 of this Article for the initial issuance of the certificate of registration;

b) For other changes not covered under Point a of Clause 7 of this Article, the enterprise shall submit a written request for amendment and supplementation of the certificate of registration of the authorized agent, clearly stating the reasons and detailing the proposed changes, and meeting the requirements set out in Points c, d, đ of this Clause;

c) A confirmation document from the foreign broadcasting company regarding the changed contents;

d) A copy or provision of the number of the certificate of registration for providing foreign program channels on paid broadcasting services that has been issued;

đ) A description document from the foreign broadcasting company about the broadcast time, duration, and schedule of the program channel for one (1) month, accompanied by a certified Vietnamese translation (if the document is in a foreign language), in cases where amendments and supplements to regulations related to broadcast time, duration, and schedule of the program channel are requested;

e) The documents shall be prepared in two (2) sets (one original set, one copy set) and submitted directly or sent through postal services to the Ministry of Information and Communications, and the enterprise shall bear responsibility for the accuracy and truthfulness of the documents;

g) Within twenty (20) working days from the date of receipt of complete documents, the Ministry of Information and Communications shall be responsible for issuing the certificate of registration for the amendment and supplementation of the certificate of registration for providing foreign program channels on paid broadcasting services. In cases where the amendment and supplementation of the certificate of registration is not issued, the Ministry of Information and Communications shall provide a written response specifying the reasons;

8. The authorized agent providing foreign program channels shall be responsible for:

a) Complying with all provisions in the certificate of registration for providing foreign program channels on paid broadcasting services issued by the Ministry of Information and Communications;

b) Fulfilling financial obligations as prescribed by law.

Article 19. Editing and translating foreign program channels on paid broadcasting services

a) Translating 100% of the content of drama and animated film channels;

b) Translating 100% of news and documentary programs on general interest channels, entertainment channels, sports channels, music channels, science and education channels.

3. The Ministry of Information and Communications shall decide on the classification of foreign program channels on paid broadcasting services.

1. The issuance of Permits for editing foreign program channels on pay radio and television services shall be conducted on a channel-by-channel basis and in accordance with the National Planning for the Development and Management of the Press.

2. Conditions for Issuing the Permit

a) Being a press agency holding a Permit for operating radio and television services;

b) Having an approval document and a request for issuing the Permit for editing from the managing authority for provincial and centrally-administered city press agencies and ministries and sectors; for central press agencies, the request for issuing the Permit must be signed by the head of the press agency;

c) Having personnel meeting the requirements of professional qualifications in journalism, holding a journalist card, and having language proficiency appropriate to the foreign program channel for which the Permit for editing is requested;

d) Having technical capacity to meet the requirements for editing, including: equipment systems for slowing down, storage devices, technical means for receiving and transmitting signals suitable for editing the program channel; ensuring that editing and translating work is carried out in Vietnam as stipulated in Article 19 of this Decree;

đ) Having necessary financial capability demonstrated by a budget for editing and translating costs for one year and a document proving legitimate sources of funding to ensure the implementation of editing and translating work according to the budget;

e) Holding copyright or a document permitting the use of foreign program channels in Vietnam in accordance with the provisions of the law.

3. Application Documents and Procedures for Issuing the Permit

a) A request form for issuing the Permit for editing foreign program channels on pay radio and television services as prescribed by the Ministry of Information and Communications;

b) A copy or provision of the number of the Radio and Television Operation Permit;

c) An editing plan for foreign program channels reflecting the contents specified in Points c, d, đ of Clause 2 of this Article, accompanied by a budget approved by the managing authority of the press agency for provincial and centrally-administered city press agencies and ministries and sectors, or approved by the head of the press agency for central press agencies;

d) A certified copy or a copy with the original for comparison of the agreement document on copyright for foreign program channels. In case the agreement document is in a foreign language, it must be translated into Vietnamese and certified for the translation;

đ) The application documents shall be prepared in two sets (one original set and one duplicate set), submitted directly or sent through the postal service to the Ministry of Information and Communications, and the press agency shall bear responsibility for the accuracy and truthfulness of the application documents;

e) Within thirty working days from the date of receipt of complete and valid application documents, the Ministry of Information and Communications shall have the responsibility to examine and issue the Permit for editing foreign program channels on pay radio and television services. In case the Permit is not issued, the Ministry of Information and Communications shall provide a written response stating the reasons.

4. Term of the License

The Permit for editing foreign program channels on pay radio and television services shall be valid for a maximum of ten years from the date of issuance, but shall not exceed the validity period stated in the Permit for operating radio and television services and the validity period stated in the copyright agreement document for the program channel.

5. In case there is a change in the type or content of the foreign program channel, the entity holding the Permit shall follow the application procedures for the initial issuance of the Permit as stipulated in Clause 3 of this Article.

6. Application Documents and Procedures for Amending and Supplementing the Permit

a) A document requesting amendment and supplementation of the Permit accompanied by an explanation of the changes other than those specified in Clause 5 of this Article, signed by the head of the press agency. For provincial and centrally-administered city press agencies or press agencies under ministries and sectors, the request document must be confirmed by the managing authority;

b) A copy or provision of the number of the Permit for editing foreign program channels on pay radio and television services already issued;

c) A description document from the foreign broadcasting company regarding the broadcast time, duration, and schedule of the program channel for one month, accompanied by a certified Vietnamese translation (if the document is in a foreign language) in cases where amendments and supplements are requested for contents related to the broadcast time, duration, and schedule of the program channel;

d) The dossier shall be established in two sets (one original set and one duplicate set) to be submitted directly or sent via postal services to the Ministry of Information and Communications;

đ) Within twenty working days from the date of receipt of complete and valid application documents, the Ministry of Information and Communications shall have the responsibility to examine and issue the Permit for amending and supplementing the Permit for editing foreign program channels on pay radio and television services. In case the Permit for amendment and supplementation is not issued, the Ministry of Information and Communications shall provide a written response stating the reasons.

7. Application Files and Procedures for Reissuing the License

a) Ninety days before the Permit for editing foreign program channels expires, if the entity wishes to continue editing the program channel, it must submit an application for reissuance of the Permit;

b) A request form for reissuing the Permit as prescribed by the Ministry of Information and Communications;

c) A copy or provision of the number of the Permit for editing foreign program channels on pay radio and television services already issued;

d) A report evaluating the editing activities of foreign program channels since the date of issuance of the Permit, including self-assessment of the effectiveness of editing activities, human resources, equipment, advantages, and difficulties encountered in implementing editing work;

đ) The application documents shall be prepared in two sets (one original set and one duplicate set), submitted directly or sent through the postal service to the Ministry of Information and Communications, and the press agency shall bear responsibility for the accuracy and truthfulness of the application documents;

e) Within thirty working days from the date of receipt of the application documents, the Ministry of Information and Communications shall have the responsibility to examine and reissue the Permit for editing foreign program channels on pay radio and television services. In case the Permit is not reissued, the Ministry of Information and Communications shall provide a written response stating the reasons.

Article 21. Registration of Content Catalogues on Radio and Television Services

The service provider of promotional radio and television services shall independently select domestic channel program catalogues in compliance with Article 13 of this Decree to provide on their services without having to go through the registration procedure for content catalogues;

2. For Pay Radio and Television Services

a) The service provider of pay radio and television services must register the content catalogues of domestic and foreign channel programmes;

b) The service provider of pay radio and television services does not have to register the content catalogues according to demand and value-added content. Demand-based and value-added content on pay radio and television services must comply with the requirements stipulated in Clause 3 of this Article;

a) A document proving lawful copyright in accordance with the law;

b) Approval from a press agency holding a License for Operation of Radio and Television before providing on the service;

c) Establishment of a tracking file to serve business reporting and inspection by competent authorities;

4. During the provision of pay radio and television services, if there are changes compared to the registered content catalogue, the service providers of pay radio and television services must register amendments and supplements to the content catalogue;

5. Initial Registration, Amendment, and Supplemental Registration Documents for Content Catalogues on Pay Radio and Television Services

a) Application form for initial registration, amendment, and supplemental registration of content catalogues on pay radio and television services as prescribed by the Ministry of Information and Communications;

b) Certified copy or copy accompanied by the original for verification of the agreement on copyright for the channel programmes on pay radio and television services being registered;

c) Certified copy or copy accompanied by the original for verification of the agreement on signal reception points for channel programmes serving political tasks and essential information dissemination;

d) The documents shall be prepared in two sets (one set original, one set copy) to be submitted directly or via postal service to the Ministry of Information and Communications (Radio, Television and Electronic Information Administration);

6. Procedure for Issuing the Certificate of Registration for Content Catalogues on Pay Radio and Television Services

a) For initial registration documents, they are carried out together with the application for a License to Provide Pay Radio and Television Services. After the enterprise is granted the License to Provide Pay Radio and Television Services, the Ministry of Information and Communications (Radio, Television and Electronic Information Administration) shall be responsible for issuing the Certificate of Registration for Content Catalogues on Pay Radio and Television Services;

b) For amendment and supplemental registration documents for content catalogues on pay radio and television services, the review period for issuing the amended and supplemented Certificate of Registration is fifteen days. In cases where the amended and supplemented Certificate of Registration is not issued, the Ministry of Information and Communications (Radio, Television and Electronic Information Administration) shall issue a written response stating the reasons.

2. Other channels on radio and television services must ensure the following requirements regarding copyright:

a) A document proving lawful copyright in accordance with the law;

b) Ensure the integrity of the program and channel, except for the installation of the name and logo of the service provider according to the provisions of Article 23 of this Decree.

Article 23. Name and Logo of Radio and Television Service Providers

Radio and television service providers shall install their service name and logo on television channels to identify their services according to the following regulations:

1. Easy to recognize.

2. Not exceeding ten characters and not duplicating previously registered names or logos.

3. Placed in one of the four corners of the screen and not overlapping with the logo of the content provider or the channel logo.

4. Have a certification or intellectual property ownership commitment as prescribed by law for the service logo. The service logo of paid radio and television service providers must be registered together with the application for a Radio and Television Service Provision License or the application for modification or supplementation of such a license.

5. Not installing the service name and logo on channels providing programs for political tasks and essential information dissemination as prescribed by the State.

6. Proactively select and propose at least two channels from the list of provided channels to implement the installation of the name and logo for the purpose of identifying the service provider.

Chapter IV
TECHNICAL STANDARDS, QUALITY MANAGEMENT, OPERATIONAL REPORTS AND SERVICE PRICES

Article 24. Technical Standards System for Radio and Television Equipment and Services, including:

1. Terminal equipment for radio and television.

2. Signal encryption equipment based on infrastructure.

3. Infrastructure-based signal multiplexing equipment.

4. Firewall equipment at the transmission/reception center.

5. Routing equipment at the transmission/reception center.

6. User management equipment (subscription).

7. Content protection equipment.

8. Satellite television service.

9. Terrestrial television service.

10. Analog cable television service.

11. Digital cable television service.

12. Internet Protocol Television (IPTV) service.

13. Ground-based mobile television service.

14. Satellite mobile television service.

15. Mobile television service over terrestrial mobile communication networks.

16. Radio and television service on the Internet.

Article 25. Quality Management of Radio and Television Equipment and Services

1. The assessment of compliance with technical standards and quality criteria for radio and television equipment and services shall be carried out as follows:

a) Radio and television equipment must undergo conformity certification or declaration before being placed on the market, and must bear the conformity mark.

b) Radio and television services specified in Clauses 8, 9, 10, 11, 12, 13, 14, 15, and 16 of Article 24 of this Decree must declare their quality and comply with quality inspection and supervision as prescribed by the Ministry of Information and Communications.

2. The Ministry of Information and Communications shall be responsible for:

a) Issue a list of radio and television equipment that must undergo conformity procedures periodically.

b) Specify the activities related to the assessment of compliance with technical standards and quality criteria for radio and television equipment.

c) Establish procedures for declaring quality and issue regulations on managing, inspecting, supervising, and monitoring the quality of radio and television services.

Article 26. Business Reports

2. Entities providing radio and television services shall be responsible for:

a) Implementing regular and ad hoc reports on their radio and television service provision activities according to the requirements of the Ministry of Information and Communications (Radio, Television and Electronic Information Administration) and the Provincial Department of Information and Communications where the service provision activities are carried out;

b) Proving the accuracy of the content and data in the reports when requested by competent authorities.

a) Regularly and ad hoc reporting on collaborative program production activities and channel programs according to the requirements of the Ministry of Information and Communications (Radio, Television and Electronic Information Administration).

b) Proving the accuracy of the content and data in the reports when requested by competent authorities.

4. The Ministry of Information and Communications (Radio, Television and Electronic Information Administration) shall be responsible for using the content and data from business reports to serve state management over radio and television service provision activities and collaborative program production activities and channel programs in radio and television services.

Article 27. Service Prices

1. The Ministry of Information and Communications shall be responsible for issuing economic-technical standards for broadcasting satellite channels serving political tasks and essential information dissemination on promotional radio and television services.

2. Prices for paid radio and television services shall be publicly disclosed in accordance with the law, as follows:

a) Entities providing paid radio and television services shall list the prices of services and service packages along with basic technical information about the services and packages;

b) Locations for listing prices of paid radio and television services shall be at sales counters of businesses providing such services and other locations determined by the service providers in accordance with the law.

Chapter V
RECEIVING TELEVISION SIGNALS FROM SATELLITES

Article 28. Receiving Television Signals within Radio and Television Services

Users of radio and television services in Vietnam may install equipment to receive direct satellite television signals to watch television channels belonging to Vietnam's satellite television services without having to register with competent authorities.

1. Receiving direct satellite television signals not belonging to Vietnam's satellite television services means receiving foreign television signals directly from satellites to watch foreign television channels without editing by news agencies.

2. The following entities may receive direct foreign satellite television signals to exploit information for professional work:

a) Central and provincial-level Party and State agencies, political-social organizations;

b) News agencies;

c) Foreign diplomatic agencies in Vietnam;

d) Representative offices and permanent offices of foreign news agencies and press in Vietnam.

3. Organizations not specified in Clause 2 of this Article that employ foreigners, foreign households, and individual foreigners may only receive direct satellite television signals if those channels are not provided through Vietnam's paid television systems in the localities where the organizations, households, and individuals establish reception equipment.

4. Enterprises holding Licenses for Paid Radio and Television Service Provision may act as intermediaries to set up systems for receiving unedited direct satellite television signals to provide to the following entities:

a) Entities specified in Clause 2 and 3 of this Article that do not have the conditions or need to establish their own systems for receiving direct satellite television signals;

b) Legally registered hotels with foreign residents.

5. Entities specified in Clauses 2, 3, and Point b of Clause 4 of this Article must register for receiving direct foreign satellite television signals with the Provincial Department of Information and Communications in the locality where the reception equipment is established.

6. Enterprises holding Licenses for Paid Radio and Television Service Provision and having agreements or contracts to provide unedited direct satellite television signals to the entities specified in Clause 4 of this Article must register as intermediaries to set up systems for receiving direct foreign satellite television signals with the Provincial Department of Information and Communications in the locality where the reception equipment is established.

Article 30. Procedures for Issuing Registration to Receive Foreign Television Signals Directly from Satellites

1. The Department of Information and Communications of provinces and centrally governed cities shall be responsible for managing and issuing registration to receive foreign television signals directly from satellites within their jurisdiction.

2. The application procedures for registering to receive foreign television signals directly from satellites are as follows:

a) An application form according to the model prescribed by the Ministry of Information and Communications;

b) Certified copies or copies with original documents for comparison of the following types of papers: License for establishment or equivalent legal documents for organizations as stipulated in Clause 2, Article 29 of this Decree; Business Registration Certificate, Investment Registration Certificate (if applicable) for organizations; Permanent Resident Card or equivalent legal documents for foreign households and individuals as stipulated in Clause 3, Article 29 of this Decree; hotel activity registration documents as stipulated at Point b, Clause 4, Article 29 of this Decree; Radio and Television Broadcasting Service Provision License for enterprises as stipulated in Clause 6, Article 29 of this Decree;

c) Certified copies or copies with original documents for comparison of lease or loan agreements for installation locations if equipment is not installed at the location recorded in the Establishment License, Business Registration Certificate, Investment Registration Certificate, Permanent Resident Card, or Radio and Television Broadcasting Service Provision License;

d) The application file shall consist of one (1) set of original documents submitted directly or sent through postal services to the Department of Information and Communications of the province or centrally governed city where the equipment for receiving foreign television signals directly from satellites is established;

đ) Within fifteen (15) working days from the date of receipt of a complete application, the Department of Information and Communications of the province or centrally governed city shall be responsible for examining and issuing the registration to receive foreign television signals directly from satellites. In case of refusal to issue the registration, the Department of Information and Communications shall provide a written response stating the reasons;

e) The format of the Registration Certificate for Receiving Foreign Television Signals Directly from Satellites shall be prescribed by the Ministry of Information and Communications;

g) The Registration Certificate for Receiving Foreign Television Signals Directly from Satellites shall be valid for a maximum of five (5) years from the date of issuance but shall not exceed the validity period recorded in the Establishment License, Business Registration Certificate, Investment Registration Certificate, Permanent Resident Card, or Radio and Television Broadcasting Service Provision License.

3. Application procedures for amending and supplementing the Registration Certificate for Receiving Foreign Television Signals Directly from Satellites:

a) A request letter clearly stating the content to be amended or supplemented; in cases of changing installation locations, certified copies or copies with original documents for comparison of documents proving ownership, lease, or loan rights for new locations must be provided;

b) The application file shall consist of one (1) set of original documents submitted directly or sent through postal services to the Department of Information and Communications of the province or centrally governed city where the equipment for receiving foreign television signals directly from satellites is installed;

c) Within ten (10) working days from the date of receipt of a complete application, the Department of Information and Communications of the province or centrally governed city shall be responsible for examining and issuing the registration to receive foreign television signals directly from satellites. In case of refusal to issue the registration, the Department of Information and Communications shall provide a written response stating the reasons.

Chapter VI
IMPLEMENTING PROVISIONS

Article 31. Effective Date

1. This Decree takes effect from March 15, 2016.

2. From the date this Decree takes effect, the following legal documents and regulations shall cease to be effective:

a) Decision No. 20/2011/QD-TTg dated March 24, 2011 of the Prime Minister on the issuance of the Management Regulation for Paid Television Services;

b) Decision No. 18a/2013/QD-TTg dated March 29, 2013 of the Prime Minister on the amendment and supplementation of certain provisions of the Management Regulation for Paid Television Services issued together with Decision No. 20/2011/QD-TTg dated March 24, 2011 of the Prime Minister;

c) Circular No. 19/2009/TT-BTTTT dated May 28, 2009 of the Ministry of Information and Communications on the regulation of cooperation in the production of radio and television programs;

d) Articles 10, 11, and 12 of Circular No. 07/2011/TT-BTTTT dated March 1, 2011 of the Ministry of Information and Communications detailing and guiding the issuance of Licenses for Operating Press Activities in the field of radio and television broadcasting shall cease to be effective.

3. Within twelve (12) months from the date this Decree takes effect, enterprises currently providing paid television services with transmission infrastructure but without Telecommunications Network Establishment Licenses, if they continue to operate such services, must complete procedures to apply for Telecommunications Network Establishment Licenses and Paid Radio and Television Broadcasting Service Provision Licenses.

4. Licenses and certificates issued under Decision No. 20/2011/QD-TTg dated March 24, 2011 of the Prime Minister shall remain valid until their expiration dates.

Article 32. Responsibility for Implementation

1. The Minister of Information and Communications shall be responsible for guiding and supervising the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial and centrally governed city People's Committees, and related organizations and individuals shall be responsible for implementing this Decree./.