Circular No. 15/2010/TT-BTTTT stipulates conditions and procedures for broadcasting direct promotional channels of local television programs via satellite.

CIRCULAR

REGULATIONS ON CONDITIONS AND PROCEDURES FOR BROADCASTING DIRECTLY ON SATELLITE OF LOCAL TELEVISION CHANNELS

MINISTER OF INFORMATION AND COMMUNICATIONS

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 Law on Press and the Law Amending and Supplementing Certain Provisions of the Law on Press;
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;
At the proposal of the Director of the Radio, Television and Electronic Information Administration Department,

c) Enterprises may be granted permission for no more than one block out of the total three dual-frequency blocks (FDD) B

Article 1. Scope of Regulation

These Circulars stipulate the conditions and procedures for broadcasting directly on satellite of local television channels of provincial radio and television stations.

Article 2. Applicability

These Circulars apply to provincial radio and television stations (hereinafter referred to as local radio and television stations), and enterprises participating in providing direct satellite broadcasting services in Vietnam.

Article 3. Explanation of Terms

1. Direct satellite broadcasting of television promotional channels is the act of broadcasting directly on satellites television promotional channels for all organizations and individuals to freely use without applying technical measures to manage, control, or impose conditions on receiving signals from direct satellite broadcasts.

2. Local television program channels of local radio and television stations (hereinafter referred to as local television program channels) are television program channels serving essential political information dissemination tasks of the locality. A television program channel includes various television programs.

Article 4. Conditions for Broadcasting Promotional Channels of Local Television Programs Directly on Satellite

1. Broadcast duration

a) The total broadcast duration of a television program channel must be at least 15 hours/day.

b) The total broadcast duration of foreign films during the time slot from 20:00 to 21:00 daily for a television program channel shall not exceed 50% in a week (not exceeding 7 hours/week).

2. Channel Content

a) Comply with the objectives and purposes specified in the License for Television Operation or the License for Radio and Television Operation.

b) The duration of self-produced programs must reach at least 40% of the channel's program duration in one day.

c) The content of self-produced programs must ensure the requirements for information dissemination and propaganda of local political, economic, and social tasks.

3. Financial and Technical Requirements

a) Have financial resources to ensure the requirements for implementing direct satellite broadcasting of local television program channels.

b) Have appropriate and feasible technical solutions to implement direct satellite broadcasting of local television program channels in accordance with the regulations on television transmission and broadcasting.

Article 5. Procedures for Issuing Licenses for Broadcasting Promotional Channels of Local Television Programs Directly on Satellite

1. Local radio and television stations wishing to broadcast their local television channels directly on satellite must submit an application to the Ministry of Information and Communications for a license.

2. Documents include:

a) The proposal for broadcasting promotional local television channels on satellite, which clearly states:

- The objectives and purposes of the channel;

- The duration of the channel;

- The broadcasting schedule of the channel;

- The production capacity of the channel to meet the requirements of duration and content as stipulated in Article 4 of this Circular, including plans to ensure the quality and duration of self-produced programs serving the requirements of information dissemination and propaganda of local political, economic, and social tasks;

- Technical and financial plans that are complete, clear, and feasible to implement direct satellite broadcasting of local promotional television channels.

b) Decision approving the proposal for broadcasting local promotional television channels on satellite by the People's Committee of the province or centrally-administered city.

c) A copy of the License for Television Operation or the License for Radio and Television Operation.

The dossier is established in two sets (one original set and one duplicate set) to be submitted to the Ministry of Information and Communications.

3. Within thirty days from the date of receipt of a valid dossier, the Ministry of Information and Communications shall have the responsibility to issue a license for broadcasting promotional local television channels directly on satellite.

The license for broadcasting promotional local television channels directly on satellite has a validity period of five years from the date of issuance and does not exceed the validity period stated in the License for Television Operation or the License for Radio and Television Operation of the local radio and television station.

In case a license is not issued, the Ministry of Information and Communications shall notify and specify the reasons.

4. Any change in the contents recorded in the License requires an application for a permit to amend and supplement the License.

The procedure for applying for an amendment and supplementation of the License for broadcasting promotional local television programs directly on satellite shall be the same as the new licensing procedure.

Article 6. Responsibility for Implementation

1. Local radio and television stations may only broadcast their own television channels directly on satellite after obtaining a License from the Ministry of Information and Communications.

2. Enterprises providing direct satellite broadcasting services have the responsibility to check the legal conditions before signing service provision contracts and may only provide services to local radio and television stations after obtaining a License from the Ministry of Information and Communications.

Article 7. Effective Date

1. These Circulars take effect from August 15, 2010.

2. The Radio, Television and Electronic Information Administration Department, the Inspectorate of the Ministry of Information and Communications, and the Departments of Information and Communications are responsible for organizing implementation, monitoring, inspecting, and handling violations of laws and provisions stipulated in these Circulars.

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