Decision No. 18/2002/QĐ-BVHTT Issuing Regulations on Granting Licenses, Inspection, Supervision, and Handling Violations in Receiving Foreign Television Programs

Pursuant to …;

Issuing the Regulation on Granting Licenses, Inspection, Supervision, and Handling Violations for Receiving Foreign Television Programs the

import foreign television programs

 

THE MINISTER OF CULTURE AND INFORMATION

 

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. 81/CP dated November 8, 1993 of the Government on functions, tasks, powers, and organizational structure of the Ministry of Culture and Information;

Pursuant to Decree No. 51/2002/NĐ-CP dated April 26, 2002 of the Government detailing the implementation of the Press Law and the Law Amending and Supplementing Certain Articles of the Press Law;

Pursuant to Decree No. 31/2001/NĐ-CP dated June 26, 2001 of the Government on administrative penalties in the field of culture and information;

Pursuant to Decision No. 79/2002/QĐ-TTg dated June 18, 2002 of the Prime Minister on managing the reception of foreign television programs;

At the proposal of the Director of the Press Department of the Ministry of Culture and Information,

 

DECISION:

Article 1. Issuing the Regulation on Granting Licenses, Inspection, Supervision, and Handling Violations for Receiving Foreign Television Programs.

Article 2. The Director of the Press Department, the Inspector General of the Ministry of Culture and Information, and the Directors of Provincial Departments of Culture and Information under the Central Government shall be responsible for guiding, supervising, and implementing this Regulation.

Article 3. This Regulation takes effect from the date of signature and replaces the Regulation on granting licenses, inspection, and handling violations for receiving foreign television programs via satellite (TVRO) issued together with Decision No. 46/QĐ-BC dated January 10, 1997 of the Minister of Culture and Information.

All previous provisions contrary to these regulations are hereby abolished.

REGULATIONS

 

Granting Licenses, Inspection, Supervision, and Handling Violations

for Receiving Foreign Television Programs

(Issued together with Decision No. 18/2002/QĐ-BVHTT dated July 29, 2002)

of the Minister of Culture, Sports and Tourism)

PART I

PROCEDURE FOR CONSIDERING LICENSE APPLICATIONS

Section A. PROCEDURE FOR CONSIDERING LICENSE APPLICATIONS FOR RECEIVING FOREIGN TELEVISION PROGRAMS DIRECTLY FROM SATELLITES

RECEPTION OF FOREIGN TELEVISION PROGRAMS DIRECTLY FROM SATELLITES

Article 1. Application for license.

Subjects specified in Article 1 of Decision No. 79/2002/QĐ-TTg dated June 18, 2002 of the Prime Minister on managing the reception of foreign television programs (hereinafter referred to as the Decision) who wish to receive foreign television programs directly from satellites must apply for permission from the competent state management agency.

1. Subjects specified in points a, c, đ, e Clause 1 and points a, b Clause 2 of Article 1 of the Decision submit the application for a license to receive foreign television programs directly from satellites to the Press Department of the Ministry of Culture and Information.

The documents include:

- Application form for license according to the model (Form 1);

- Document confirming the installation location of equipment for receiving foreign television programs directly from satellites (certified copy of decision establishing the organization, ownership certificate of the house, lease agreement...);

- Certified copy of appointment decision or leadership proposal of the main managing agency for subjects specified in point a, c Clause 1;

- Confirmation and proposal document of the Ministry of Foreign Affairs of the Socialist Republic of Vietnam for subjects specified in points a, b Clause 2.

2. Subjects specified in points b, d Clause 1 and points c, d Clause 2 of Article 1 of the Decision submit the application for a license to receive foreign television programs directly from satellites to the Provincial Department of Culture and Information where the equipment for receiving foreign television programs directly from satellites is installed.

The documents include:

- Application form for license according to the model (Form 1);

- Document confirming the installation location of equipment for receiving foreign television programs directly from satellites (certified copy of decision establishing the organization, ownership certificate of the house, lease agreement...);

- Leadership proposal document of the main managing agency for subjects specified in point d Clause 1;

- Certified copy of investment permit, operation permit for subjects specified in point c Clause 2;

- Confirmation document of the authority regarding the permanent residence in Vietnam for foreign individuals permanently residing in Vietnam specified in point d Clause 2;

- Certified copy of recognition decision of Class 1 star or higher by the competent state management agency and certified copy of establishment file of tourist accommodation for subjects specified in point d Clause 2 that accept foreign tourists' stay.

Article 2. Granting license.

Within fifteen days from the date of receipt of a complete application, the Ministry of Culture and Information and the Provincial Departments of Culture and Information under the Central Government shall be responsible for considering and issuing the license for receiving foreign television programs directly from satellites. In case of refusal to issue a license, the Ministry of Culture and Information and the Provincial Departments of Culture and Information shall notify the applicant and specify the reasons. Organizations and individuals refused a license have the right to appeal in accordance with the law.

Content of the license for receiving foreign television programs directly from satellites according to the prescribed model of the Ministry of Culture and Information (Form 2).

Article 3. Validity of the license.

1. When holding a license for receiving foreign television programs directly from satellites, the licensed subject may install and use equipment for receiving foreign television programs.

2. All subjects permitted to receive foreign television programs directly from satellites must comply with all provisions stipulated in the issued license.

3. Any changes or additions to the provisions in the license require a new application and approval in writing from the licensing agency.

4. The license is valid for a maximum period of five years from the date of issuance.

The validity of the license is clearly stated in the license.

For subjects permitted to receive foreign television programs directly from satellites but whose operational time or permanent residence in Vietnam is less than five years, the validity of the license is based on their operational time or permanent residence (based on business permits, residence permits, lease agreements...).

Upon expiration of the license, if there is a need to continue receiving foreign television programs directly from satellites, a new application for a license must be submitted.

5. If there is no need to receive foreign television programs directly from satellites, the subject must dismantle the equipment for receiving foreign television programs and return the license to the issuing agency.

Section B. PROCEDURE FOR REVIEWING APPLICATIONS FOR REGISTRATION OF FOREIGN TELEVISION COMPANIES PROVIDING DECODER PACKAGES FOR DISTRIBUTORS IN VIETNAM

FOREIGN COMPANIES PROVIDING DECODER PACKAGES FOR DISTRIBUTORS IN VIETNAM

REPRESENTATIVES IN VIETNAM

Article 4. Application Documents.

Foreign television companies wishing to provide decoder packages for distributors in Vietnam must submit an application for registration with the Ministry of Culture and Information.

The documents include:

1. Application form for registration according to the template in Vietnamese (Form 3)

2. A copy of the Operating License issued by the country where the foreign television company is registered - accompanied by a certified Vietnamese translation.

The application for registration shall be submitted to the Press Department of the Ministry of Culture and Information.

Article 5. Issuance of Registration Certificate.

Within thirty days from the date of receipt of a complete application, the Ministry of Culture and Information shall have the responsibility to review and issue a Registration Certificate for providing foreign television decoder packages in Vietnam. In case of refusal to issue the Registration Certificate, the Ministry of Culture and Information shall notify the applicant and specify the reasons. Organizations refused registration may appeal in accordance with the provisions of the law.

Content of the Registration Certificate for providing foreign television decoder packages in Vietnam as prescribed by the Ministry of Culture and Information (Form 4).

Article 6. Validity of the Registration Certificate.

1. After being granted the Registration Certificate for providing foreign television decoder packages in Vietnam by the Ministry of Culture and Information, foreign television companies are permitted to enter into contracts to provide foreign television decoder packages with organizations acting as distributors in Vietnam.

2. Foreign television companies granted the Registration Certificate for providing foreign television decoder packages in Vietnam must comply with the contents approved by the Ministry of Culture and Information in the Registration Certificate.

3. Any changes or additions to the contents already approved in the Registration Certificate for providing foreign television decoder packages in Vietnam must be processed through an application for change or addition to the registration and obtain written approval from the Ministry of Culture and Information.

4. The Registration Certificate is valid for five years from the date of issuance. When the Registration Certificate expires, if there is a need to continue providing foreign television decoder packages, foreign television companies must reapply for registration as initially required.

Section C. PROCEDURE FOR REVIEWING APPLICATIONS FOR REGISTRATION OF ORGANIZATIONS ACTING AS DISTRIBUTORS IN VIETNAM OF FOREIGN TELEVISION DECODER PACKAGES

FOREIGN TELEVISION DECODER PACKAGES

Organizations engaged in the installation and repair of equipment for receiving direct broadcast satellite signals (DBS) that have been granted a Registration Certificate for the installation and repair of DBS reception equipment by the Ministry of Culture and Information and wish to act as distributors in Vietnam of foreign television decoder packages must apply for registration with the Ministry of Culture and Information.

Article 7. Application Documents.

1. Application form for registration according to the template (Form 5).

The documents include:

2. A certified copy of the Operating License and Establishment License of the organization.

3. A certified copy of the contract to act as a distributor in Vietnam of foreign television decoder packages with foreign television companies - accompanied by a certified Vietnamese translation.

Within twenty days from the date of receipt of a complete application, the Ministry of Culture and Information shall have the responsibility to review and issue a Registration Certificate for acting as a distributor in Vietnam of foreign television decoder packages. In case of refusal to issue the Registration Certificate, the Ministry of Culture and Information shall notify the applicant and specify the reasons. Organizations refused registration may appeal in accordance with the provisions of the law.

The application for registration shall be submitted to the Press Department of the Ministry of Culture and Information.

Article 8. Issuance of Registration Certificate.

Content of the Registration Certificate for acting as a distributor in Vietnam of foreign television decoder packages as prescribed by the Ministry of Culture and Information (Form 6).

Validity of the Registration Certificate.

Article 9. 1. After being granted the Registration Certificate for acting as a distributor in Vietnam of foreign television decoder packages by the Ministry of Culture and Information, organizations are permitted to provide foreign television decoder packages.

Organizations acting as distributors in Vietnam of foreign television decoder packages are responsible for providing foreign television decoder packages only to those entities legally authorized to receive foreign television programs.

The importation of foreign television decoder packages into Vietnam must comply with the regulations of the Vietnamese government on the importation of equipment for receiving direct broadcast satellite signals.

2. Organizations granted the Registration Certificate for acting as a distributor in Vietnam of foreign television decoder packages must comply with the contents already approved by the Ministry of Culture and Information in the Registration Certificate.

3. Any changes or additions to the contents already approved in the Registration Certificate for acting as a distributor in Vietnam of foreign television decoder packages must be processed through an application for change or addition to the registration and obtain written approval from the Ministry of Culture and Information.

4. The Registration Certificate is valid for five years from the date of issuance. When the Registration Certificate expires, if there is a need to continue acting as a distributor in Vietnam of foreign television decoder packages, organizations must reapply for registration as initially required.

4. The Registration Certificate is valid for 5 years from the date of issuance. When the Registration Certificate expires, if there is a need to continue representing and distributing foreign television program decoders in Vietnam, agencies and organizations must go through the registration procedures as initially required.

Section D. PROCEDURE FOR REGISTRATION OF ORGANIZATIONS ENGAGED IN THE INSTALLATION AND MAINTENANCE OF EQUIPMENT TO RECEIVE DIRECT BROADCAST SATELLITE SIGNALS (DBS)

Organizations engaged in the installation and maintenance of equipment to receive direct broadcast satellite signals (DBS) must complete registration procedures with the Ministry of Culture and Information.

DIRECT BROADCAST SATELLITE SIGNALS (DBS)

Article 10. Application Documents.

Organizations engaged in the installation and maintenance of equipment to receive direct broadcast satellite signals (DBS) must complete registration procedures with the Ministry of Culture and Information.

The documents include:

1. The application for registration shall be made on Form 7.

3. A certified copy of the contract to act as a distributor in Vietnam of foreign television decoder packages with foreign television companies - accompanied by a certified Vietnamese translation.

The application for registration shall be submitted to the Press Department of the Ministry of Culture and Information.

Article 11. Issuance of Registration Certificate.

Within fifteen days from the date of receipt of a valid application, the Ministry of Culture and Information shall examine and issue a Registration Certificate to organizations engaged in the installation and maintenance of equipment to receive direct broadcast satellite signals (DBS). In cases where a Registration Certificate is not issued, the Ministry of Culture and Information shall notify the applicant and provide reasons. Organizations denied a Registration Certificate have the right to appeal in accordance with the law.

The contents of the Registration Certificate for organizations engaged in the installation and maintenance of equipment to receive direct broadcast satellite signals (DBS) shall be in accordance with regulations set forth by the Ministry of Culture and Information (Form 8).

Article 12. 1. After being granted the Registration Certificate for acting as a distributor in Vietnam of foreign television decoder packages by the Ministry of Culture and Information, organizations are permitted to provide foreign television decoder packages.

1. After being issued a Registration Certificate by the Ministry of Culture and Information, organizations engaged in the installation and maintenance of equipment to receive direct broadcast satellite signals (DBS) may commence such activities.

The importation of equipment to receive direct broadcast satellite signals (DBS) into Vietnam must comply with the regulations of the Vietnamese Government.

Organizations engaged in the installation and maintenance of equipment to receive direct broadcast satellite signals (DBS) shall be responsible for installing and maintaining such equipment for authorized entities to receive television programs from satellites in accordance with the law.

2. Organizations engaged in the installation and maintenance of equipment to receive direct broadcast satellite signals (DBS) that have been granted a Registration Certificate must adhere to the contents approved by the Ministry of Culture and Information in the Registration Certificate.

3. Any changes or additions to the contents already approved in the Registration Certificate must be submitted through a change or addition registration procedure and must be approved in writing by the Ministry of Culture and Information.

4. The Registration Certificate is valid for five years from the date of issuance. When the Registration Certificate expires, if there is a need to continue engaging in the installation and maintenance of equipment to receive direct broadcast satellite signals (DBS), organizations must reapply for registration according to the initial procedure.

Section E. IMPORTATION AND SALE OF EQUIPMENT TO RECEIVE DIRECT BROADCAST SATELLITE SIGNALS (DBS)

DIRECT BROADCAST SATELLITE SIGNALS (DBS)

Article 13. The importation and sale of equipment to receive direct broadcast satellite signals (DBS) must be approved in writing by the Ministry of Culture and Information.

Organizations importing and selling equipment to receive direct broadcast satellite signals (DBS) shall submit to the Press Department of the Ministry of Culture and Information a document clearly stating the name, technical specifications, origin, quantity, type, model, catalog of the equipment, and a copy of the Registration Certificate for organizations engaged in the installation and maintenance of equipment to receive direct broadcast satellite signals (DBS) issued by the Ministry of Culture and Information, as well as the purchase contract for the equipment to receive direct broadcast satellite signals (DBS).

Chapter II

INSPECTION, AUDIT, REWARD, AND VIOLATION HANDLING

Article 14. Inspection and supervision.

The specialized inspection agency under the Ministry of Culture and Information shall perform its inspection functions in accordance with the law.

The Press Department of the Ministry of Culture and Information shall take the lead in coordinating with relevant agencies to conduct annual inspections or spot checks on the issuance and use of permits to receive foreign television programs directly from satellites; the provision and distribution of decoders for foreign television programs; and the installation and maintenance of equipment to receive direct broadcast satellite signals.

Article 15. Reporting system.

1. Provincial Departments of Culture and Information shall send one copy of the permit issued to organizations and individuals within their jurisdiction to receive foreign television programs directly from satellites to the Press Department of the Ministry of Culture and Information.

Regular reporting every six months and annually on the situation regarding the issuance and use of permits to receive foreign television programs directly from satellites within their jurisdiction to the Press Department of the Ministry of Culture and Information shall be implemented.

2. Representatives distributing decoders for foreign television programs in Vietnam shall report annually (by December 25) on the number of decoders provided and the recipients to the Press Department of the Ministry of Culture and Information.

3. Organizations engaged in the installation and maintenance of equipment to receive direct broadcast satellite signals shall report annually (by December 25) on the number and list of addresses of recipients who have had equipment installed and maintained by them to the Press Department of the Ministry of Culture and Information.

Article 16. Awards.

Organizations, individuals who contribute to detecting violations of the provisions of Decision No. 79/2002/QD-TTg and this Regulation will be rewarded according to the regulations of the State.

Article 17. Handling violations.

Violations related to the installation and use of equipment to receive foreign television programs shall be handled in accordance with the provisions of Government Decree No. 31/2001/NĐ-CP on administrative penalties in the field of culture and information.

Article 18. Authority to handle violations.

1. The Ministry of Culture and Information decides to revoke the permit to receive foreign television programs directly from satellites, the certificate of registration for providing decoders for foreign television programs in Vietnam, the certificate of registration for representatives distributing decoders for foreign television programs in Vietnam, and the certificate of registration for organizations engaged in the installation and maintenance of equipment to receive direct broadcast satellite signals in cases where organizations, individuals violate the provisions of Decision No. 79/2002/QD-TTg and this Regulation.

2. The People's Committee of the province or centrally governed city shall request the Department of Culture, Sports and Tourism of the province or centrally governed city to revoke the Permit for receiving foreign television programs directly from satellites, and handle violations of the provisions set forth in Decision No. 79/2002/QĐ-TTg and the provisions of this Code within their jurisdiction as stipulated in Government Decree No. 31/2001/NĐ-CP on administrative penalties in the field of culture and information.

3. The Department of Culture, Sports and Tourism of the province or centrally governed city shall be responsible for implementing decisions on handling violations made by the Ministry of Culture, Sports and Tourism and the People's Committee of the province or centrally governed city; revoke the Permit for receiving foreign television programs directly from satellites in cases where organizations, agencies, or individuals violate the provisions set forth in Decision No. 79/2002/QĐ-TTg and the provisions of this Code.

4. Specialized inspection bodies in the field of culture and information have the authority to inspect and handle violations of the provisions set forth in Decision No. 79/2002/QĐ-TTg and the provisions of this Code within their jurisdiction as stipulated in Government Decree No. 31/2001/NĐ-CP on administrative penalties in the field of culture and information./.