Circular No. 07/2011/TT-BTTTT provides detailed regulations and guidelines for issuing Press Licenses in the field of radio and television broadcasting.

CIRCULAR

Regulations on issuing licenses for press activities in the field of radio and television.

Licenses for press activities in the field of radio and television.

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

Pursuant to Decree No. 51/2002/NĐ-CP dated April 26, 2002 of the Government detailing the implementation of the Press Law, the Law amending and supplementing certain articles of the Press Law;

BASED ON THE GOVERNMENT DECREE NO. 187/2007/NĐ-CP OF DECEMBER 25, 2007 ON THE FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF INFORMATION AND COMMUNICATIONS;

The Ministry of Information and Communications hereby details and guides the issuance of licenses for press activities in the field of radio and television as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular details and guides the issuance of new, renewed, amended, and supplemented licenses for press activities in the field of radio and television, hereinafter referred to as licenses for radio and television activities.

Article 2. Applicability

This Circular applies to organizations granted licenses for radio and television activities in accordance with laws on press; radio stations, television stations, radio and television stations (hereinafter collectively referred to as organizations engaged in radio and television activities) and press management agencies (hereinafter referred to as management agencies).

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Licenses for radio and television activities include: License for radio activities; License for television activities; License for producing broadcasting radio channels; License for producing broadcasting television channels (hereinafter collectively referred to as licenses for producing broadcasting channels); License for producing special programs; License for producing supplementary programs.

2. License for radio activities is a license for spoken press associated with the establishment of organizations engaged in radio and television activities, specifying the mission and purpose of the first broadcasting radio channel of the organization granted the license.

3. License for television activities is a license for visual press associated with the establishment of organizations engaged in radio and television activities, specifying the mission and purpose of the first broadcasting television channel of the organization granted the license.

4. License for producing broadcasting radio channels is a license stipulating the production of the second and subsequent broadcasting radio channels of organizations engaged in radio and television activities. A broadcasting radio channel includes various radio programs.

5. License for producing broadcasting television channels is a license stipulating the production of the second and subsequent broadcasting television channels of organizations engaged in radio and television activities. A broadcasting television channel includes various television programs.

Broadcasting radio and television channels are radio and television channels primarily aimed at broadcasting freely for all organizations and individuals without intentionally applying technical measures to manage, control, or impose conditions on receiving and viewing radio and television signals.

Article 4. Authority to issue licenses

1. The Minister of Information and Communications shall issue licenses for radio activities, licenses for television activities, and licenses for producing broadcasting channels in accordance with the law and this Circular.

2. The Director of the Radio, Television, and Electronic Information Management Department shall issue licenses for producing special programs in accordance with the law and this Circular.

Article 5. Effectiveness of the Permit

1. The Radio Operation Permit and the Television Operation Permit shall be valid for ten (10) years from the date of issuance.

2. The Permit for Producing Promotional Program Channels shall be valid for ten (10) years from the date of issuance, but shall not exceed the validity period of the Radio Operation Permit and the Television Operation Permit issued to the permitted entity.

3. The effectiveness of the Permit for Producing Special Programs and Supporting Programs shall be directly recorded on the issued Permit, but shall not exceed the validity period of the Permit for Producing Promotional Program Channels issued to the permitted entity.

4. After ninety (90) days from the date the Radio Operation Permit, Television Operation Permit, or Permit for Producing Promotional Program Channels becomes effective, if the permitted entity does not operate according to the contents specified in the Permit, then the issued Permit shall lose its value.

Chapter II

ISSUANCE OF RADIO OPERATION PERMITS AND TELEVISION OPERATION PERMITS

Article 6. Conditions for Issuing Radio Operation Permits and Television Operation Permits

Entities receiving Radio Operation Permits and Television Operation Permits must meet the conditions stipulated in Article 12 of Decree No. 51/2002/NĐ-CP dated April 26, 2002, detailing the implementation of the Press Law and the Law Amending and Supplementing Certain Provisions of the Press Law, as follows:

1. Personnel Conditions:

a) The person proposed to be appointed as general manager, deputy general manager, director, deputy director, chief editor, or deputy chief editor must satisfy the following conditions:

Graduated from university or higher;

Hold a high-level political theory certificate;

Possess a journalism management qualification certificate issued by the Ministry of Information and Communications;

Hold a valid Journalist Card issued by the Ministry of Information and Communications;

Not currently serving a disciplinary sanction of reprimand or higher.

b) Have sufficient personnel proposed to form specialized department leadership and have a sufficient team of reporters and editors who have been issued Journalist Cards to ensure the production of programs and radio, television channels.

c) In cases where ethnic languages or foreign languages are used to express program content, the leader of the radio and television operation organization or the person authorized by the leader must be proficient in that ethnic language or foreign language; have a sufficient team of reporters and editors proficient in that ethnic language or foreign language to ensure the production of radio and television programs and channels.

2. Clearly define the name of the organization proposed to receive the Radio Operation Permit and the Television Operation Permit; the purpose of journalistic activities; the mission, objectives, target audience, and language of the first promotional radio and television channel associated with the establishment of the organization.

3. Be consistent with the planning for the development of radio and television.

4. Meet the material and financial conditions set forth in the application for permission, including:

a) Having a stable headquarters to ensure the operation of the radio and television operation organization;

b) Having sufficient equipment to ensure the operation of the radio and television operation organization;

c) Having sufficient financial conditions to ensure operational goals in accordance with the mission and objectives and consistent with the planning and direction for the development of radio and television.

5. Be certified by the Chairman of the People's Committee of the province or centrally-administered city as having the necessary conditions to engage in journalistic activities in the field of radio and television and be consistent with the planning for the development of journalism in the locality for radio and television operation organizations in provinces and centrally-administered cities.

6. For organizations using radio frequency to broadcast program channels, they must comply with the regulations on radio frequencies and the planning for broadcasting and transmitting radio and television signals.

3. Amend Clause 3 Article 2 as follows:Article 7. Documents and Procedures for Issuing Radio Operation Permits and Television Operation Permits

1. Application documents and procedures include:

a) An application for issuing a Radio Operation Permit and a Television Operation Permit from the managing agency (Model No. 1).

If the managing agency is not the People's Committee of the province or centrally-administered city, it must have confirmation from the Chairman of the People's Committee of the province or centrally-administered city in accordance with Clause 6 of Article 12 of Decree No. 51/2002/NĐ-CP dated April 26, 2002, detailing the implementation of the Press Law and the Law Amending and Supplementing Certain Provisions of the Press Law.

b) A certified copy of the decision establishing the radio and television operation organization;

c) The operational plan of the radio and television operation organization approved by the managing agency, which clearly states:

The name, logo, and purpose of the radio and television operation organization's journalistic activities;

The name, logo, mission, objectives, and language of the first promotional program channel associated with the establishment of the radio and television operation organization;

The content, time, duration of broadcasting each day in one (01) week, average daily new program duration, planned broadcasting schedule for one (01) month, and target audience of the channel;

Production capacity, including: material resources, human resources, finance (demonstrated by a budget estimate for two (02) years of the radio and television operation organization and financial resources capable of meeting this budget estimate);

Production process and content management of the promotional program channel;

Technical distribution method of the promotional program channel;

Economic and social benefits.

d) Curriculum vitae of the person proposed to lead the radio and television operation organization (Form No. 2);

đ) List of proposed leaders; heads of business departments; reporters, editors of the radio and television operation organization (Model No. 3);

e) Document of the Department TThe Provincial Department of Information and Communications, directly under the central government, confirms that the organization operating radio and television meets the conditions regarding office premises, equipment, personnel, and other conditions as assigned by the Chairman of the People's Committee of the province or centrally governed city. at the provincial or centrally governed city level.

2. The dossier shall be established in two (02) sets, one (01) original set.The original set shall be submitted directly or sent through the postal system to the Ministry of Information and Communications (Radio, Television and Electronic Information Management Department).

3. Within thirty (30) working days from the date of receipt of the complete dossier as prescribed, the Ministry of Information and Communications shall be responsible for examining and issuing the Radio Broadcasting Operation License, the Television Broadcasting Operation License (Form No. 5). In case of not issuing the license, the Ministry of Information and Communications shall provide a response and clearly state the reasons.

Article 8. Amendment and Supplement to the Content of the Radio Broadcasting Operation License, the Television Broadcasting Operation License

When changing any of the contents recorded in the issued Radio Broadcasting Operation License, Television Broadcasting Operation License, the organization operating radio and television must implement the procedures for requesting amendments and supplements to the issued license.

1. Dossier and procedures for requesting amendments and supplements to the purpose of journalistic activities, mission, and objectives of promotional channels and programs recorded in the Radio Broadcasting Operation License, Television Broadcasting Operation License include:

a) A certified copy of the Radio Broadcasting Operation License, Television Broadcasting Operation License;

b) The project of the organization operating radio and television implementing the changed contents approved by the supervising agency;

c) A document from the Provincial Department of Information and Communications, directly under the central government, confirming that the organization operating radio and television meets the conditions regarding office premises, equipment, personnel, and other conditions as assigned by the Chairman of the People's Committee of the province or centrally governed city for the change in the purpose of journalistic activities, mission, and objectives of promotional channels and programs of the organization operating radio and television at the provincial or centrally governed city level.

The dossier shall be established in two (02) sets, one (01) original set and one (01) copy set, submitted directly or sent through the postal system to the Ministry of Information and Communications (Radio, Television and Electronic Information Management Department).

Within thirty (30) working days from the date of receipt of the complete dossier as prescribed, the Ministry of Information and Communications shall be responsible for examining and issuing the Amended and Supplementary Radio Broadcasting Operation License, Television Broadcasting Operation License (Form No. 7). In case of not issuing the amended and supplementary license, the Ministry of Information and Communications shall provide a response and clearly state reasons.

2. Dossier and procedures for requesting amendments and supplements to other contents recorded in the Radio Broadcasting Operation License, Television Broadcasting Operation License include:

a) A request document clearly stating the reasons and the content requested to be changed by the organization operating radio and television;

b) A certified copy of the Radio Broadcasting Operation License, Television Broadcasting Operation License;

c) An approval document for the change request by the supervising agency for organizations operating radio and television in provinces or centrally governed cities or Ministries, Departments.

The dossier shall be established in one (01) set as the original, submitted directly or sent through the postal system to the Ministry of Information and Communications (Radio, Television and Electronic Information Management Department).

Within thirty (30) working days from the date of receipt of the complete dossier as prescribed, the Ministry of Information and Communications shall be responsible for examining and issuing the Amended and Supplementary Radio Broadcasting Operation License, Television Broadcasting Operation License (Form No. 7). In case of not issuing the amended and supplementary license, the Ministry of Information and Communications shall provide a response and clearly state reasons.

Article 9. Reissuing the Radio Operation Permit and Television Operation Permit

1. Ninety (90) days before the Radio Operation Permit and Television Operation Permit expire, if wishing to continue operations, the managing agency must complete the procedures to request the Ministry of Information and Communications to reissue the permit.

2. The application dossier for reissuing the Radio Operation Permit and Television Operation Permit includes:

a) A request letter from the managing agency;

b) Certified copy of the Radio Operation Permit and Television Operation Permit or establishment decision for organizations engaged in radio and television activities that were established before this Circular took effect but have not yet obtained the Radio Operation Permit and Television Operation Permit.

c) Application for the Radio Operation Permit and Television Operation Permit (Form No. 1);

d) Report on the evaluation of radio and television activities of the organization engaged in radio and television activities.

The dossier shall be established in one (01) set as the original, submitted directly or sent through the postal system to the Ministry of Information and Communications (Radio, Television and Electronic Information Management Department).

Within thirty (30) working days from the date of receiving the complete dossier as prescribed, the Ministry of Information and Communications shall be responsible for reviewing and reissuing the Radio Operation Permit and Television Operation Permit (Form No. 1). In case of not reissuing the permit, the Ministry of Information and Communications shall reply. and clearly state reasons.

Chapter III

ISSUING THE LICENSE FOR PRODUCING PROMOTIONAL PROGRAM CHANNELS

Article 10. Issuing the License for Producing Promotional Program Channels

1. The organization requesting the License for Producing Promotional Program Channels must be an organization that has been granted the Radio Operation Permit and Television Operation Permit.

2. The application dossier for issuing the License for Producing Promotional Program Channels includes:

a) An application for the License for Producing Promotional Program Channels with confirmation from the managing agency (Form No. 4);

b) A certified copy of the Radio Broadcasting Operation License, Television Broadcasting Operation License;

c) The production plan for the promotional program channel approved by the managing agency, which clearly states:

Name, logo, mission, purpose of the promotional program channel;

Content of the promotional program channel; broadcasting time and duration of each program per day within one (01) week; average broadcasting duration of new programs per day; scheduled broadcasting framework for one (01) month, target audience;

Production capacity, including: infrastructure, human resources, finance (demonstrated by the budget for producing the promotional program channel over two (02) years and financial sources meeting this budget);

Production process and content management of the promotional program channel;

Technical distribution method of the promotional program channel;

Economic and social benefits.

In case of requesting licenses for multiple promotional program channels, separate plans must be prepared for each specific channel.

d) List of anticipated leaders responsible for departments, business units or channels; reporters, editors responsible for producing the promotional program channel (Model No. 3);

d) A document from the Provincial Department of Information and Communications confirming the conditions regarding office premises, equipment, personnel, and other conditions assigned by the People's Committee Chairman of the province or centrally-administered city for the production of promotional program channels by radio and television activity organizations in the province or centrally-administered city.

The dossier shall be prepared in two (02) copies, the original to be submitted directly or sent through the postal system to the Ministry of Information and Communications (Radio, Television and Electronic Information Management Department).

Within thirty (30) working days from the date of receiving the complete dossier as prescribed, the Ministry of Information and Communications shall be responsible for reviewing and issuing the License for Producing Promotional Program Channels (Form No. 6). The License for Producing Promotional Program Channels will be issued for each individual channel. In case of not issuing the license, the Ministry of Information and Communications shall reply and specify the reasons.

Article 11. Amending and supplementing the content of the Production Permit for Promotion Program Channels

When changing any of the contents recorded in the issued Production Permit for Promotion Program Channels, broadcasting and television organizations must carry out the procedures to request an amendment and supplementation permit for the issued permit.

1. The dossier and procedures for requesting an amendment and supplementation permit for the objectives and purposes of the Promotion Program Channel shall be applied as the new permit dossier and procedures prescribed in Article 10 of this Circular.

2. The dossier for requesting an amendment and supplementation permit for other contents recorded in the Production Permit for Promotion Program Channels includes:

a) A document clearly stating the reasons and the proposed amendments and supplements by the broadcasting and television organization;

b) A certified copy of the Production Permit for Promotion Program Channels;

c) An approval document for the proposed amendments and supplements from the supervising authority for broadcasting and television organizations at provincial-level cities directly under the central government or Ministries and Sectors.

3. In cases where the production program duration is increased, in addition to the requirements for the dossier stipulated in Clause 2 of this Article, there must be a Proposal clearly stating the name, content, additional program schedule for broadcasting within (01) month, and the implementation plan for the increased production program duration.

The dossier shall be established in two (02) sets, one (01) original set and one (01) copy set, submitted directly or sent through the postal system to the Ministry of Information and Communications (Radio, Television and Electronic Information Management Department).

Within thirty (30) working days from the date of receiving the complete dossier as prescribed, the Ministry of Information and Communications shall be responsible for examining and issuing the Amendment and Supplementation Permit for the Production Permit for Promotion Program Channels. (Form No. 8). In case of not issuing the amended and supplementary license, the Ministry of Information and Communications shall provide a response and clearly state reasons.

Article 12. Reissuing the Production Permit for Promotion Program Channels

1. Ninety (90) days before the Production Permit for Promotion Program Channels expires, if wishing to continue producing the channel programs, broadcasting and television organizations must complete the procedures to request reissuance of the permit.

2. The dossier and procedures for reissuing the Production Permit for Promotion Program Channels include:

a) An application for the License for Producing Promotional Program Channels with confirmation from the managing agency (Form No. 4);

b) A certified copy of the Production Permit for Promotion Program Channels or a document already approved by the competent authority allowing the production of promotion program channels;

The dossier shall be prepared in two (02) sets, the original submitted directly or sent through the postal system to the Ministry of Information and Communications (Radio, Television and Electronic Information Management Department).

Within thirty (30) working days from the date of receiving the complete dossier as prescribed, the Ministry of Information and Communications shall be responsible for reissuing the Production Permit for Promotion Program Channels. If the permit is not reissued, the Ministry of Information and Communications shall respond and clearly state the reasons.

Article 13. Issuing Special Program Production Permits; Supplementary Program Production Permits

1. Broadcasting and television organizations wishing to produce special programs must complete the procedures to request issuance of a Special Program Production Permit.

The dossier for requesting a Special Program Production Permit includes:

a) A request for issuance of a Special Program Production Permit, clearly stating: Name of the program, purpose of production, program duration, main content, location of implementation, expected broadcast time, name of the implementing unit (if any);

b) An approval document from the supervising authority for the production of special programs by broadcasting and television organizations at provincial-level cities directly under the central government or Ministries and Sectors.

The dossier for requesting a Special Program Production Permit shall be prepared in one (01) set, the original, submitted directly or sent through the postal system to the Radio, Television and Electronic Information Management Department.

Within ten (10) working days from the date of receiving the complete dossier as prescribed, the Radio, Television and Electronic Information Management Department shall be responsible for examining and issuing the Special Program Production Permit.i(Form No. 9 ). If the permit is not issued,the Radio, Television and Electronic Information Management Department shall respond and clearly state the reasons. uilding v2. Organizations that have been granted a Broadcasting Operation Permit, a Television Operation Permit wishing to produce supplementary programs must complete the procedures to request an amendment and supplementation permit for the Production Permit for Promotion Program Channels for the additional programs.

The dossier and procedures for requesting the permit shall be carried out according to the provisions of Clause 3 of Article 11 of this Circular.

File and procedures for requesting permission to implement as provided for in Clause 3, Article 11 of this Circular.

Chapter IV

IMPLEMENTING PROVISIONS

Article 14. Issued together with this Circular are the following forms:

1. Form No. 1: Application for Radio/Television Broadcasting License.

2. Form No. 2: Curriculum vitae of the person expected to be the leader of the Radio/Television Broadcasting Organization.

3. Form No. 3: List of expected leaders; staff responsible for business departments; reporters, editors of the Radio/Television Broadcasting Organization.

4. Form No. 4: Application for Production License of Promotional Program Channel.

5. Form No. 5: Radio/Television Broadcasting License.

6. Form No. 6: Production License of Promotional Program Channel.

7. Form No. 7: Amendment and Supplement License for Radio/Television Broadcasting License.

8. Form No. 8: Amendment and Supplement License for Production License of Promotional Program Channel.

9. Form No. 9: Special Program Production License.

Article 15. Implementation Provisions

1. This Circular takes effect from May 1, 2011.

2. The supervising authority and organizations granted the Radio/Television Broadcasting License shall comply with the legal provisions on press and the provisions set forth in the Radio/Television Broadcasting License.

3. Any organization or individual violating the provisions of this Circular shall be subject to administrative penalties, revocation of license, or criminal liability depending on the nature and degree of violation.

4. Organizations engaged in Radio/Television Broadcasting prior to the effective date of this Circular must apply for reissuance of the Radio Broadcasting License, Television Broadcasting License, and Production License of Promotional Program Channel within one (01) year from the effective date of this Circular in accordance with Clause 2 of Article 9 and Clause 2 of Article 12 of this Circular.

5. During implementation, if any issues arise, radio stations, television stations, and related organizations shall notify the Ministry of Information and Communications to review and adjust the contents of this Circular./.