Circular No. 19/2009/TT-BTTTT on collaboration in the production of radio and television programs

CIRCULAR

Regulations on collaboration in the production of radio and television programs

______________________

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 Provisions of the Press Law;

Pursuant to Decree No. 187/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications,

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

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

This Circular regulates collaborative activities for the production of radio and television programs where the benefits of the collaborating partners are compensated through advertising revenue, sponsorship, or from broadcasting fees according to a specific method when broadcasting the collaborative product of the radio or television station.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

The subjects to which this Circular applies are radio stations, television stations, radio-television stations (hereinafter collectively referred to as radio and television stations), and collaborating partners.

Article 2. Interpretation of Terms

1. Collaborative activities in the production of radio and television programs are forms of cooperation between one party being a radio or television station and another party being a collaborating partner to create part or all of the collaborative product.

This Circular only regulates collaborative activities as specified in Clause 1 of Article 1.

2. Collaborating partners in the production of radio and television programs are organizations with legal personality, registered for business and operating under Vietnamese law, participating in cooperation with radio and television stations to create part or all of the collaborative product.

3. Collaborative products in the production of radio and television programs are programs or channels of radio and television programs created through collaborative activities.

4. Regular program as defined in this Circular is a series of at least five (5) programs with the same format, broadcast at the same time slot daily, weekly, or monthly.

Article 3. Forms of collaborative activities

1. Exchange of full program copyrights;

2. Exchange of program format copyrights;

3. Organization of program production or part of a program;

4. Organization of full channel program production.

Radio and television stations, collaborating partners may choose one or more forms of collaborative activities.

Article 4. Principles of collaborative activities

1. Collaborative activities must comply with legal provisions regarding press concerning the content of collaborative products and exploitation of collaborative products.

2. Collaborative activities shall be carried out based on the principle of fairness in rights and responsibilities among parties involved in collaboration as prescribed by law.

3. Channels of programs not specified in Clause 2 of Article 5 of this Circular must ensure a reasonable structure and allocation of time slots and duration between collaborative programs and non-collaborative programs reflecting the mission and purpose of the channel.

4. Rights and obligations of the parties involved in collaborative activities must be specifically stipulated in the Collaboration Agreement.

5. The Collaboration Agreement is protected according to the provisions of the law.

6. Parties involved in collaborative activities must comply with legal provisions regarding tax and financial management for collaborative activities.

Article 5. Radio and television programs shall not carry out linkage activities

1. Linkage activities shall not be carried out for radio and television news and political programs.

2. For radio and television stations with two or more promotional channels, they must determine one channel for comprehensive news-political programs.

The total duration of programs carrying out linkage activities within the comprehensive news-political channel shall not exceed thirty percent of the first broadcast time of this channel.

Chapter II

SPECIFIC PROVISIONS

Article 6. Registration of News-Political Channels and Programs

Radio and television stations are responsible for registering comprehensive news-political channels (if any) according to Clause 2 of Article 5 and the broadcasting timeslots for news and political programs with the Ministry of Information and Communications.

Article 7. Registration of Linkage Programs

1. Before carrying out linkage activities for linkage products which are program channels or regular programs, radio and television stations must register with the Ministry of Information and Communications.

The registration dossier includes information on the name, content, format of the program, timing, duration, and broadcasting channel of the linkage product; the name, address, and capability of the linkage partner; the form of linkage; rights and obligations of the parties involved in the linkage.

2. Within fifteen working days from the date of receiving a valid registration dossier, the Ministry of Information and Communications shall be responsible for reviewing and issuing a written approval or disapproval of the linkage activity. In case of disapproval, the Ministry of Information and Communications must clearly state the reasons.

Radio and television stations may only carry out linkage activities after obtaining written approval from the Ministry of Information and Communications.

3. When changing any of the contents registered as stipulated in Clause 1 of Article 7, radio and television stations must submit supplementary registrations to the Ministry of Information and Communications and must obtain written approval from the Ministry of Information and Communications for such supplementary registrations.

4. When carrying out linkage activities for linkage products not specified in Clause 1 of Article 7, radio and television stations must notify the Ministry of Information and Communications about the name, content, timing, duration, and broadcasting channel of the linkage product; the name and address of the linkage partner; the form of linkage; and the rights and obligations of the parties involved in the linkage within the latest five working days from the broadcasting date of the linkage product.

Article 8. Linkage Contracts

When carrying out linkage activities, radio and television stations must sign contracts with linkage partners in accordance with the law. The linkage contract must include the following contents:

1. Name of the linkage product;

2. Purpose of carrying out the linkage activity;

3. Content of the linkage product;

4. Form of linkage;

5. Timing, duration, and broadcasting channel of the linkage product;

6. Rights and obligations of the parties; provisions on how to handle changes in the broadcasting schedule of the linkage product;

7. Copyright of the linkage product;

8. Liability of the linked parties for breach of contract or violation of legal regulations;

9. Provisions on force majeure clauses when there is a request from the central press management authority to change the broadcasting schedule, stop implementing, or stop broadcasting the linkage product, and specific responsibilities of the radio and television station and the linkage partner when applying this clause.

Article 9. Conditions for the partner in collaboration

1. Having legal entity status and registered business operations in accordance with Vietnamese law.

2. Having produced or participated in producing at least three (3) radio and television programs that have been broadcast when implementing the collaboration forms specified in Clause 3 and Clause 4, Article 3 of this Circular.

3. Having a plan to ensure financial resources, human resources, and necessary technical facilities to implement the collaboration contract.

Article 10. Rights and Obligations of Radio and Television Stations

1. The General Director or Director of radio and television stations engaging in collaboration must be fully responsible for the content of collaborative products and the exploitation activities of such products in accordance with the laws on press.

2. The General Director or Director of radio and television stations has the responsibility to publicly issue internal regulations on collaboration activities and strictly adhere to the regulations issued.

3. Implement collaboration activities in accordance with the collaboration contract and relevant laws.

4. Issue and strictly follow the content approval procedures for collaborative products before broadcasting.

5. Collaboration plans for producing radio and television programs must be implemented democratically and transparently within the radio and television station.

6. Radio and television stations are responsible for confirming in writing the participation of collaboration partners to serve operational activities when implementing collaborative programs.

7. Enjoy benefits as stipulated in the collaboration contract.

Article 11. Rights and Obligations of Collaboration Partners

1. The head of the organization acting as a collaboration partner shall jointly bear legal responsibility for the content of collaborative products and the scope of work defined in the collaboration contract.

2. Implement collaboration activities in accordance with the collaboration contract and relevant laws.

3. Must be named in the collaborative product.

4. Enjoy benefits as stipulated in the collaboration contract.

5. Have the right to be named when the collaborative product receives awards according to state regulations.

Article 12. Pay Television

Collaboration activities for producing pay radio and television programs shall be carried out in accordance with the provisions of this Circular, except for Clause 3, Article 4 and Clause 2, Article 5 of this Circular.

Chapter III

IMPLEMENTING PROVISIONS

Article 13. Responsibility for Implementation

1. This Circular takes effect from August 1, 2009.

2. Radio and television stations, collaboration partners, organizations, and individuals related to this matter are responsible for implementing the provisions of this Circular.

3. The management agencies of radio and television stations within their respective duties and authorities are responsible for enforcing the provisions of this Circular.

4. The Broadcasting, Television, and Internet Administration, and the Inspectorate of the Ministry of Information and Communications are responsible for monitoring, inspecting, and handling violations of press laws and the provisions of this Circular.

5. In the course of implementation, if any difficulties arise, radio and television stations and related organizations are responsible for reporting to the Ministry of Information and Communications for review and adjustment./.