Decision No. 20/2011/QD-TTg Issuing the Regulation on Management of Pay Television Activities

Pursuant to …;

Issuing the Regulation on Management of Pay Television Activities

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

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 December 4, 2009;

Pursuant to the Ordinance on Fees and Charges dated August 28, 2001;

Pursuant to the Ordinance on Advertising dated November 16, 2001;

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

Considering the proposal of the Minister of Information and Communications,

DECISION:

Article 1. The accompanying this Decision is the Regulation on Management of Pay Television Activities.

Article 2. Radio and television stations that have been granted permission to operate pay television before the effective date of this Regulation must reorganize their pay television operations according to the provisions of this Regulation within one year from the effective date of this Regulation.

Article 3. Organizations engaged in pay television activities that are organized in accordance with Article 2 of this Decision and enterprises having technical infrastructure for providing pay television services but not yet holding a license for establishing telecommunications networks prior to the effective date of this Regulation, if they continue to own technical infrastructure and provide pay television services, must apply for a license to establish telecommunications networks and a license to provide pay television services within two years from the effective date of this Regulation.

Article 4. Radio and television stations that have been granted permission to provide and edit foreign channels on pay television before the effective date of this Regulation, if they continue to provide foreign television channels on pay television, must apply for a license to edit foreign channels in accordance with this Regulation within one year from the effective date of this Regulation.

Authorized agents providing foreign channels on pay television in Vietnam must register within six months from the effective date of this Regulation.

Article 5. This Decision takes effect from May 15, 2011 and replaces Decision No. 79/2002/QĐ-TTg dated June 18, 2002 of the Government on managing the reception of foreign television programs.

Article 6. The Minister of Information and Communications, the Minister of Finance, the Ministers, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairmen of People's Committees of provinces and centrally governed cities, management agencies of radio stations, television stations, and radio-television stations nationwide, and organizations and individuals related to this matter are responsible for implementing this Decision./.

 

 

REGULATIONS

MANAGEMENT OF PAY TELEVISION ACTIVITIES
(Issued together with Decision No. 20/2011/QĐ-TTg dated March 24, 2011 of the Prime Minister)

Chapter 1.
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Regulation stipulates the management, provision, and use of technical infrastructure, pay television services, and information content on pay television in Vietnam; it also stipulates the reception of direct satellite television signals.

Article 2. Applicability

1. This Regulation applies to organizations and individuals participating in the management, provision, and use of technical infrastructure, pay television services, and information content on pay television in Vietnam; organizations and individuals participating in the management, installation of receiving equipment, and use of direct satellite television signals in Vietnam.

2. In cases where international treaties related to pay television that Vietnam has signed or joined contain provisions different from those of this Regulation, the provisions of the international treaty shall apply.

Article 3. Explanation of Terms

1. Pay television service means a telecommunications application for transmitting and distributing pay television channels, pay television programs, and value-added services on technical infrastructure for providing pay television services to pay television subscribers under a service provision contract or other binding agreements (referred to as a Pay Television Service Provision Contract).

Pay television service can be provided directly (direct pay television service) or on demand (on-demand pay television service) to pay television subscribers.

2. Online pay television service means a direct pay television service providing television channels to pay television subscribers without the use of storage or delay devices by the pay television service provider.

3. On-demand pay television service means a pay television service that stores pay television channels and programs and provides them to pay television subscribers upon request.

4. Pay television channel means domestic and foreign television channels provided to pay television subscribers. A channel includes programs.

5. Domestic pay television channel means a radio and television channel produced or co-produced by Vietnamese units licensed to operate in the field of radio and television (spoken news, visual news) in accordance with the law.

6. Foreign pay television channel means a radio and television channel produced by foreign broadcasting companies, expressed in a foreign language.

7. Value-added services on pay television (referred to as value-added services) are additional information services sent along with or interspersed among pay television channels and displayed on the subscriber's audiovisual device.

8. Technical infrastructure for providing pay television services (referred to as pay television technical infrastructure) is a telecommunications network with technical capabilities meeting the requirements for providing pay television services.

Pay television technical infrastructure supports the provision of signals to pay television subscribers at the end point according to the law on telecommunications.

9. Pay television subscriber (referred to as Subscriber) is an organization or individual using pay television services of a pay television service provider under a Pay Television Service Provision Contract.

10. Subscriber terminal equipment for pay television (hereinafter referred to as Terminal Equipment) is the device that the subscriber uses to connect with the end point of the technical infrastructure of pay television to receive signals from the pay television service provider.

Article 4. Policy on management of pay television

1. Encourage the development of pay television using modern technology to support the transmission of radio and television channels, serving both the political information dissemination tasks of the Party and State and the increasingly diverse entertainment information needs of the people.

2. Encourage the development of domestic programs and channels to contribute to enhancing public awareness, meeting the healthy cultural and spiritual needs of the people, protecting and promoting fine historical and cultural traditions of the nation, and effectively contributing to building and defending the Socialist Republic of Vietnam.

3. Strictly manage the provision of content for pay television programs and channels in accordance with the laws on press; manage the technical infrastructure of pay television in accordance with the laws on telecommunications; ensure the development of a competitive and healthy pay television market that meets the diverse entertainment information needs of the people while being suitable to the actual conditions of Vietnam.

4. Encourage the establishment of a Pay Television Association to promote the development of the pay television market in line with the Party's policies and the State's laws.

Chapter 2.
RECEIVING SIGNALS OF DIRECT BROADCAST SATELLITE TELEVISION

Article 5. Receiving signals of direct broadcast satellite television belonging to the pay television service of Vietnam

Subscribers of pay television may install equipment to receive signals of direct broadcast satellite television to use the pay television services provided by Vietnamese pay television service providers.

Article 6. Receiving signals of direct broadcast satellite television not belonging to the pay television service of Vietnam

Receiving signals of direct broadcast satellite television not belonging to the pay television service is receiving foreign television signals and foreign television channels directly from satellites.

1. The following entities are allowed to receive foreign television signals directly from satellites to exploit information for professional purposes:

a) Central and provincial-level agencies of the Party, State, and political-social organizations.

b) News agencies.

c) Foreign diplomatic organizations in Vietnam.

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

2. Organizations not specified in Clause 1 of this Article and individuals who have foreign nationals working there may only receive foreign television channels directly from satellites if those channels are not provided through the Vietnamese pay television system in their local area.

3. Entities specified in Clauses 1 and 2 of this Article must register the reception of foreign television signals directly from satellites with the Department of Information and Communications in their local area where the satellite signal reception equipment is installed.

Article 7. Issuance of Registration for Receiving Foreign Television Signals Directly from Satellites

1. Provincial Departments of Information and Communications shall be responsible for managing and examining, issuing registration for receiving foreign television signals directly from satellites within their localities.

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

a) The documents include:

- A registration form according to the model prescribed by the Ministry of Information and Communications.

- Certified copies of the License for Establishment for organizations specified in Clause 1 of Article 6; Investment License, Business Registration Certificate for organizations specified in Clause 2 of Article 6, or residence card for foreign individuals specified in Clause 2 of Article 6.

- Certified copies of lease or loan agreements for installation locations if the equipment is not installed at the location stated in the License for Establishment, Investment License, Business Registration Certificate, or residence card.

The dossier shall be prepared in one set (original) and submitted directly or sent through the postal system to the Provincial Department of Information and Communications where the equipment for receiving foreign television signals directly from satellites is installed.

b) Within fifteen days from the date of receipt of a valid dossier, Provincial Departments of Information and Communications shall be responsible for examining and issuing registration for receiving foreign television signals directly from satellites.

In case of refusal to issue registration, the Provincial Department of Information and Communications shall provide a written response stating the reasons. Organizations and individuals refused registration have the right to appeal in accordance with the law.

The model of the registration certificate for receiving foreign television signals directly from satellites is prescribed by the Ministry of Information and Communications.

c) The registration certificate for receiving foreign television signals directly from satellites has a maximum validity period of five years from the date of issuance but does not exceed the validity period stated in the License for Establishment, Investment License, Business Registration Certificate, or residence card of the entities specified in Clauses 1 and 2 of Article 6 of this Regulation.

d) Any changes to the list of foreign television channels, installation locations, and equipment for receiving foreign television signals directly from satellites already specified in the registration certificate must be registered for amendment and supplementation.

The dossier and procedures for amending and supplementing the registration certificate for receiving foreign television signals directly from satellites include:

- A written request clearly stating the contents to be amended or supplemented;

- For cases involving changes to installation locations, certified copies of documents proving ownership, lease, or loan of the new location are required.

The dossier shall be prepared in one set (original) and submitted directly or sent through the postal system to the Provincial Department of Information and Communications where the equipment for receiving foreign television signals directly from satellites is installed.

Within ten days from the date of receipt of a valid dossier, Provincial Departments of Information and Communications shall be responsible for examining and issuing registration for receiving foreign television signals directly from satellites.

In case of refusal to issue registration, the Provincial Department of Information and Communications shall provide a written response stating the reasons. Organizations and individuals refused registration have the right to appeal in accordance with the law.

đ) Any other amendments or supplements to the contents already specified in the registration certificate must be notified in writing to the Provincial Department of Information and Communications where the equipment for receiving foreign television signals directly from satellites is installed.

Chapter 3.
MANAGEMENT AND SUPPLY OF CONTENT ON PAY TELEVISION

Article 8. Content Providers

Content providers on pay television are entities holding a press operation license in the field of television broadcasting (television news) in Vietnam, permitted to provide programs and program channels to pay television service providers in accordance with Chapter III of this Regulation.

Article 9. Domestic Program Channels on Pay Television

Domestic program channels provided on pay television include:

1. Program channels currently broadcasting promotional programs in accordance with laws on press.

2. Program channels licensed for production for pay television in accordance with Article 10 of this Regulation.

Article 10. Licensing for Production of Pay Television Program Channels

The entity requesting a license for producing pay television program channels must be a press agency holding a press operation license in the field of television broadcasting. The licensing procedures are as follows:

1. The documents include:

- An application for a license to produce pay television program channels in the format prescribed by the Ministry of Information and Communications.

- A certified copy of the press operation license in the field of television broadcasting.

- A production project for the program channel, specifying the purpose of production, name of the program channel, mission and objectives of the program channel, content of the program channel, broadcast time and duration, proposed programming schedule (one month), target audience, production capacity of the program channel (material resources, human resources, and finance), organization and management procedures for the program channel's content, technical methods for distributing the program channel to pay television service providers, and economic and social benefits from producing the program channel.

In cases where multiple program channels are requested to be licensed, separate projects must be prepared for each specific program channel.

- Approval document for the production project of the pay television program channel issued by the supervising authority for provincial or centrally-administered city press agencies or ministries and sectors; for central press agencies, the production project must be approved by the head of the press agency.

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

2. Within thirty days from the date of receipt of a valid dossier, the Ministry of Information and Communications shall be responsible for examining and issuing a Production License for Pay Television Program Channels.

If a license is not granted, the Ministry of Information and Communications shall issue a written response stating the reasons. The entity refused a license has the right to appeal in accordance with the law.

3. After ninety (90) days from the effective date of the license, if the entity granted the Production License does not implement the production of the pay television program channel, the license will lose its validity. If they wish to continue producing the pay television program channel, they must reapply for a license.

4. The Production License for Pay Television Program Channels is valid for a maximum of ten years from the date of issuance and may be extended but not beyond the validity period stated in the Press Operation License in the field of television broadcasting. The entity holding the License may independently provide the produced program channel to pay television service providers nationwide.

5. When changing any content recorded in the Production License for Pay Television Program Channels already issued, procedures for amending and supplementing the License must be carried out:

a) Changing the mission and objectives of the program channel: the dossier and procedures apply as those for a new license;

b) Changing other contents recorded in the License, the dossier and procedures include:

- The request document clearly states the reasons and the content of the change requested;

- A certified copy of the Production License for Pay Television Program Channels;

- An approval document for the change request issued by the supervising authority for provincial or centrally-administered city press agencies or ministries and sectors.

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

Within twenty days from the date of receipt of a valid dossier, the Ministry of Information and Communications shall be responsible for examining and issuing an Amended and Supplemental Production License for Pay Television Program Channels.

If an amended and supplemental license is not granted, the Ministry of Information and Communications shall issue a written response stating the reasons. The entity refused a license has the right to appeal in accordance with the law.

Article 11. Foreign Program Channels on Pay Television

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

1. The content must be suitable for the healthy needs of the people and not violate the provisions of Vietnamese law regarding the press.

2. There must be a document proving the legal ownership of the channel issued by the competent authority of the country where the foreign broadcasting company owns the channel.

3. There must be a Certificate of Registration for Providing Foreign Program Channels on Pay Television as stipulated in Article 12 of this Regulation.

4. The channel must be edited and translated by a unit licensed to edit foreign program channels according to the provisions of Article 13 of this Regulation.

5. It shall not include pre-installed advertisements from abroad. Advertising activities (if any) must be conducted in Vietnam and comply with Vietnamese laws on advertising; financial obligations under Vietnamese law must be fulfilled through the authorized agent in Vietnam.

Article 12. Registration for Providing Foreign Program Channels on Pay Television

1. Foreign broadcasting companies wishing to provide foreign program channels in Vietnam for business purposes on pay television must go through an authorized agent in Vietnam to complete the registration process for the channel and fulfill financial obligations to the Vietnamese government.

2. The authorized agent is a business established under Vietnamese law, with a registered business activity suitable for acting as an agent to provide foreign program channels in Vietnam, and authorized by foreign broadcasting companies to act as agents for providing foreign program channels on pay television in Vietnam.

3. The authorized agent is responsible for registering the provision of foreign program channels on pay television in Vietnam with the Ministry of Information and Communications.

4. Registration procedures

a) The documents include:

- A registration application form for providing foreign program channels as prescribed by the Ministry of Information and Communications.

- A certified copy of the Operating License of the foreign broadcasting company that is the owner of the foreign program channel, accompanied by a certified Vietnamese translation.

- A document proving the legal ownership of the channel issued by the competent authority of the country where the foreign broadcasting company owns the channel, accompanied by a certified Vietnamese translation (if the document is in a foreign language).

- A certified copy of the Business Registration Certificate and Investment Permit of the authorized agent.

- A certified copy of the document confirming the authorization by the foreign broadcasting company's owner to the enterprise to act as an agent for providing foreign program channels on pay television, accompanied by a certified Vietnamese translation (if the document is in a foreign language).

- A description document from the foreign broadcasting company about the content of the channel and the broadcast schedule for one month, accompanied by a certified Vietnamese translation (if the document is in a foreign language).

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

b) Within thirty days from the date of receiving a valid application, the Ministry of Information and Communications is responsible for issuing a Certificate of Registration for Providing Foreign Program Channels on Pay Television, clearly specifying the editing and translating requirements for the channel.

The Certificate of Registration for Providing Foreign Program Channels on Pay Television has a maximum validity of five years from the date of issuance but does not exceed the validity period stated in the Business Registration Certificate and Investment Permit of the authorized agent and the validity period stated in the authorization document.

In case of refusal to issue the registration, the Ministry of Information and Communications will provide a written response stating the reasons. The entity refused registration has the right to appeal according to the law.

5. When changing any content already specified in the Certificate of Registration, the modification and supplementation of the Certificate of Registration must be carried out:

a) The application documents and procedures for changing the content of the channel follow the new licensing application documents and procedures;

b) Application documents for changing other contents recorded in the Certificate of Registration include:

- The request document clearly states the reasons and the content of the change requested;

- A certified copy of the Certificate of Registration for Providing Foreign Program Channels on Pay Television;

- A description document from the foreign broadcasting company about the broadcast time, duration, and schedule for one month, accompanied by a certified Vietnamese translation (if the document is in a foreign language), in cases where modifications and supplements to relevant regulations concerning the broadcast time, duration, and schedule of the channel are requested.

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

c) Within twenty days from the date of receiving a valid application, the Ministry of Information and Communications is responsible for issuing the modified and supplemented Certificate of Registration for Providing Foreign Program Channels on Pay Television.

In case of refusal to issue the registration, the Ministry of Information and Communications will provide a written response stating the reasons. The entity refused registration has the right to appeal according to the law.

6. Authorized agents must pay registration fees to the state management agency for issuing the Certificate of Registration or modifying the Certificate of Registration for Providing Foreign Program Channels on Pay Television.

The Ministry of Finance, in coordination with the Ministry of Information and Communications, will specify the specific amount of the initial registration fee or the modification fee for the Certificate of Registration for Providing Foreign Program Channels on Pay Television; financial obligations of foreign broadcasting companies and authorized agents when providing foreign program channels for business purposes on pay television in Vietnam.

7. The authorized agent providing foreign program channels is responsible for:

a) Adhering to all provisions in the Certificate of Registration issued by the Ministry of Information and Communications.

b) Fulfilling financial obligations as required by law.

Article 13. Editing and Subtitling Foreign Channels and Programs on Pay Television

1. All foreign channels and programs on pay television in Vietnam must be edited to ensure that their contents comply with Vietnamese laws on press and advertising, except for live broadcasts of sports matches, opening ceremonies, and closing ceremonies of regional and international sports competitions.

2. The subtitling shall be carried out according to the type of foreign channel or program, specifically as follows:

a) For drama channels: subtitle 100% of the channel's program content;

b) For news channels: abridge 100% of the channel's program content;

c) For science and education channels: subtitle 100% of the news program content;

d) For general entertainment, sports, and music channels: subtitle 100% of news, documentary, and informational programs.

The Ministry of Information and Communications decides the classification of foreign channels on pay television.

Article 14. Issuance of Permits for Editing Foreign Channels and Programs on Pay Television

1. The issuance of permits for editing foreign channels and programs on pay television shall be conducted on a per-channel basis. The conditions for issuing permits are as follows:

a) Being a press agency licensed to operate in the field of television broadcasting;

b) Having an approval document from the supervising authority for press agencies under provincial and centrally-administered city levels and ministries and sectors;

c) Having personnel meeting the professional requirements in journalism and language proficiency appropriate to the foreign channel or program for which the permit is sought;

d) Possessing technical capabilities including slow-motion equipment, storage devices, and signal transmission and reception means suitable for channel editing; ensuring that editing and subtitling work is completed in Vietnam in accordance with Article 13 of this Regulation;

đ) Having necessary financial capacity demonstrated by a budget for editing and subtitling costs for one year and a document proving legitimate sources of funding to carry out such activities according to the budget;

e) Holding the right to use foreign channels and programs in Vietnam as stipulated by law.

2. The procedures for issuing permits for editing foreign channels and programs on pay television are as follows:

a) Application documents include:

- An application form for a Permit to Edit Foreign Channels and Programs on Pay Television in accordance with a model prescribed by the Ministry of Information and Communications;

- A certified copy of the License for Press Activities in the Field of Television Broadcasting;

- An editing plan for foreign channels and programs reflecting the contents specified in points c, d, and đ of Clause 1 of this Article, accompanied by a budget approved by the supervising authority for press agencies under provincial and centrally-administered city levels and ministries and sectors, or by the head of the press agency for central-level press agencies;

- A certified copy of the agreement on the rights to foreign channels and programs. In case the agreement is in a foreign language, it must be translated into Vietnamese and certified for the translation.

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

b) Within thirty days from the date of receipt of complete applications, the Ministry of Information and Communications shall be responsible for issuing the Permit to Edit Foreign Channels and Programs on Pay Television.

The Permit to Edit Foreign Channels and Programs on Pay Television has a maximum validity period of ten years from the date of issuance, but not exceeding the validity period stated in the License for Press Activities in the Field of Television Broadcasting and the term stated in the copyright contract.

If a license is not granted, the Ministry of Information and Communications shall issue a written response stating the reasons. The entity refused a license has the right to appeal in accordance with the law.

3. When any content of the Permit to Edit Foreign Channels and Programs on Pay Television issued changes, the procedure for amending and supplementing the Permit must be followed:

a) If the content of the foreign channel or program changes, the application documents and procedures for requesting an amendment and supplementation of the Permit to Edit Foreign Channels and Programs on Pay Television shall apply as if applying for a new permit;

b) For other changes recorded in the Permit to Edit Foreign Channels and Programs on Pay Television, the application documents include:

- The request document clearly states the reasons and the content of the change requested;

- A certified copy of the Permit to Edit Foreign Channels and Programs on Pay Television;

- An approval document for the change request issued by the supervising authority for provincial or centrally-administered city press agencies or ministries and sectors.

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

Within twenty days from the date of receipt of complete applications, the Ministry of Information and Communications shall be responsible for issuing the Permit to Amend and Supplement the Permit to Edit Foreign Channels and Programs on Pay Television.

If an amended and supplemental license is not granted, the Ministry of Information and Communications shall issue a written response stating the reasons. The entity refused a license has the right to appeal in accordance with the law.

Article 15. Program on Pay Television on Demand Service

1. The service provider of pay television is permitted to store and provide programs on the pay television on demand service.

2. Programs permitted to be provided on the pay television on demand service include:

a) Programs from channels permitted to be provided on pay television.

b) Film programs and music programs provided by entities with press operation licenses in the field of television ensuring content compliance with the provisions of Vietnamese laws on press and other specialized laws.

Article 16. Copyright for Channels on Pay Television

1. Domestic channels serving political tasks and essential information dissemination may be transmitted intact on pay television within the territory of Vietnam without copyright agreement.

2. For the remaining channels on the pay television system and programs on the pay television on demand service, the following copyright requirements must be met:

a) Proof of legitimate copyright must be available.

b) The integrity of the channel and program must be maintained, except for the installation of the service provider's logo as stipulated in Article 18 of this Regulation or the handling of content violating Vietnamese laws.

Article 17. Advertising and Messages on Pay Television

1. Advertising and message dissemination on pay television must comply with Vietnamese laws on press and advertising.

2. The entity providing content for pay television channels shall bear legal responsibility for the content of advertisements and messages on the channels it provides.

3. In cases where advertisements and messages run on the screen, they must be placed at the bottom of the screen.

4. The pay television service provider shall not cut, insert, or replace advertisements and messages on pay television programs, except for handling content that violates Vietnamese laws.

Article 18. Name and Emblem of Pay Television Service Provider

The pay television service provider must install its name and emblem on the channel to identify its service according to the following regulations:

1. It must be easily recognizable.

2. It must not exceed ten characters and must not duplicate previously registered names or emblems.

3. It must be placed at the top, in a fixed position for all channels on its service, and must not overlap the emblem of the content provider.

4. It must be registered together with the application for permission to provide pay television services or the application for modification or supplementation of the permit to provide pay television services.

Chapter 4.
MANAGEMENT, PROVISION AND USE OF PAY TELEVISION SERVICES

Article 19. Pay Television Service Provider

A pay television service provider is a business entity granted permission to provide pay television services, using the infrastructure of the pay television technical infrastructure provider to transmit intact the content of programs and channels provided by the content provider to pay television subscribers.

Article 20. Types of Pay Television Services

Types of pay television services are classified according to broadcasting transmission methods, including:

1. Cable television service: This is a type of pay television service primarily using cable network infrastructure with various technologies (analog, digital, IPTV) to distribute paid television content directly to pay television subscribers.

2. Digital terrestrial television service: This is a type of pay television service primarily using digital terrestrial television broadcasting network infrastructure (DVB-T) to distribute paid television content directly to pay television subscribers.

3. Direct-to-home satellite television service: This is a type of pay television service primarily using direct-to-home satellite broadcasting infrastructure (DTH) to distribute paid television content directly to pay television subscribers.

4. Mobile television service: This is a type of pay television service primarily using digital terrestrial mobile television broadcasting network infrastructure, digital mobile satellite television broadcasting infrastructure, or mobile telecommunications networks to distribute paid television content directly to pay television subscribers.

Article 21. Pay Television Service Packages

1. Basic service package is a service package including the minimum number of channels with the lowest price among all service packages that the pay television service provider must provide to subscribers and must be reflected in the pay television service provision contract.

The basic service package must include channels providing essential political tasks and information dissemination as prescribed:

a) For channels serving national political tasks and essential information dissemination, they must be provided to all pay television subscribers.

b) For channels serving local political tasks and essential information dissemination, they must be provided to pay television subscribers in that locality if the pay television service provider uses broadcasting transmission technology capable of inserting or replacing channels to cover administrative areas.

The Ministry of Information and Communications shall specify the list of channels serving national political tasks and essential information dissemination and the list of channels serving local political tasks and essential information dissemination in accordance with the requirements for political tasks and information dissemination at each stage.

2. Enhanced service packages are service packages with different programs and fees provided by the pay television service provider based on subscriber needs.

Article 22. Quality Requirements for Pay Television Services

Providers of pay television services are responsible for implementing quality management regulations as follows:

1. Announcing service quality in accordance with regulations.

2. Regularly self-inspecting, monitoring, and ensuring the provision of services to pay television subscribers in accordance with specified quality or announced quality.

3. Immediately implementing necessary measures to address incidents and ensure service quality.

4. Accepting supervision and inspection of service quality by state management agencies in accordance with the law.

The Ministry of Information and Communications shall guide the procedures for announcing quality, supervising, inspecting, and monitoring the quality of pay television services.

Article 23. Issuance of Permission for Provision of Pay Television Services

The conditions and procedures for issuing permission to provide pay television services are stipulated as follows:

1. Conditions for Issuing Permission to Provide Pay Television Services.

a) Being a business established in accordance with Vietnamese laws.

For foreign-invested businesses, approval from the Prime Minister on the policy must be obtained in accordance with regulations on conditional investment fields applicable to foreign investors.

b) Possessing a telecommunications network establishment license meeting technical requirements for pay television services, or having an agreement ensuring access to a telecommunications network infrastructure that meets technical requirements for pay television services.

c) Having a budget for operational costs for at least two years and documentation proving legitimate sources of finance sufficient to implement service provision according to the budget.

d) Having a plan to establish a centralized signal reception and transmission center for all pay television channels at one location (excluding backup locations), except for channels serving local essential political information and propaganda tasks.

đ) Having a plan to apply modern technology and a feasible management plan for subscribers and service operations consistent with legal provisions.

e) Having a plan to promptly address technical issues to ensure service quality and subscriber benefits.

g) Having a plan to ensure human resources and technical equipment to guarantee security and safety for signal reception and transmission centers and pay television services provided.

h) Consistent with development plans in the field of television and meeting current and long-term social needs.

2. Procedures for Issuing Permission to Provide Pay Television Services

a) The documents include:

- An application for issuance of permission to provide pay television services in the prescribed form by the Ministry of Information and Communications;

- A certified copy of the Business Registration Certificate;

- A certified copy of the Enterprise Charter;

- A proposal for service provision detailing the technology used, type of service, scope of service provision, and contents specified in points c, d, đ, e, g of Clause 1 of this Article;

- A certified copy of the Telecommunications Network Establishment License or a document confirming the agreement to lease or use telecommunications network infrastructure of a unit with such infrastructure;

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

b) Within sixty days from the date of receiving a complete application, the Ministry of Information and Communications shall be responsible for examining and issuing the Pay Television Service Provision License.

The Pay Television Service Provision License has a maximum validity period of ten years from the date of signature but does not exceed the validity period recorded in the Business Registration Certificate, Investment License, and the validity period recorded in the Telecommunications Network Establishment License or the document confirming the agreement to lease or use telecommunications network infrastructure.

If a license is not granted, the Ministry of Information and Communications shall issue a written response stating the reasons. The entity refused a license has the right to appeal in accordance with the law.

c) One year after the effective date of the license, if the licensed entity does not actually provide pay television services, the license will lose its validity. If they wish to continue providing pay television services, they must reapply for permission.

3. When changing any content recorded in the issued Pay Television Service Provision License, the procedure for amending and supplementing the License must be carried out:

a) In cases where changes are made to the signal reception and transmission center, technical methods, or service types, the application and procedures for amending and supplementing the Pay Television Service Provision License shall be conducted as new licensing procedures.

b) For other changes recorded in the Pay Television Service Provision License, the application includes:

- The request document clearly states the reasons and the content of the change requested;

- A certified copy of the Pay Television Service Provision License;

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

c) Within thirty days from the date of receiving a complete application, the Ministry of Information and Communications shall be responsible for examining and issuing the amended and supplemented Pay Television Service Provision License.

If an amended and supplemental license is not granted, the Ministry of Information and Communications shall issue a written response stating the reasons. The entity refused a license has the right to appeal in accordance with the law.

4. Entities providing pay television services must pay service provision fees to the State in accordance with legal provisions.

The Ministry of Finance, in coordination with the Ministry of Information and Communications, shall specify the specific rates, collection, payment, management, and use of service provision fees.

Article 24. Registration of the name of the film supply unit together with the list of film programs on the pay television service, the list of channels of the pay television service provider

1. Pay television service providers must register the list of channels they provide. In case of providing film programs on the pay television service, the name of the film supply unit must be registered along with the list of film programs.

2. The initial registration file shall be submitted concurrently with the application for permission to provide the pay television service.

After the Ministry of Information and Communications issues the Permit for Providing Pay Television Services, the Radio and Television Broadcasting and Electronic Information Management Department (Ministry of Information and Communications) will consider issuing the registration of the list of pay television channels and the name of the film supply unit along with the list of film programs on demand.

3. During the provision of pay television services, if there are changes from the registered list, pay television service providers must register amendments and supplements.

4. Procedures for registration, amendment, and supplement of the name of the film supply unit along with the list of film programs on demand, the list of pay television channels are as follows:

a) The documents include:

- A registration form for the name of the film supply unit along with the list of film programs on demand, the list of pay television channels according to the model prescribed by the Ministry of Information and Communications;

- Certified copy of the agreement on copyright for the registered film programs and channels.

The file shall be prepared in two sets (one original set and one duplicate set) and directly submitted to the Radio and Television Broadcasting and Electronic Information Management Department (Ministry of Information and Communications).

b) For the initial registration file or the amendment and supplement registration file of the name of the film supply unit along with the list of film programs on demand, the list of pay television channels, within fifteen days from the date when complete and valid files are received, the Radio and Television Broadcasting and Electronic Information Management Department shall have the responsibility to consider issuing the registration of the name of the film supply unit along with the list of film programs, the list of pay television channels.

If the registration is not issued, the Radio and Television Broadcasting and Electronic Information Management Department shall issue a written response stating the reasons. The entity refused registration has the right to appeal in accordance with the law.

Article 25. Rights and Obligations of Pay Television Service Providers

1. To comply with all legal regulations on management and provision of content on pay television as stipulated in Chapter III of this Regulation.

2. To comply with all legal regulations on management and provision of pay television services as stipulated in Chapter IV of this Regulation.

3. To comply with regulations on price management.

4. To comply with state regulations on fees and charges.

5. To comply with all provisions in the permit for providing pay television services issued.

6. To be entitled to use equipment to install logos to display their service name and symbols on channels and pay television programs provided by them.

7. To be entitled to use technical measures to remove content violating Vietnamese laws upon discovery or at the request of competent authorities.

8. To independently select legal pay television channels not included in the list of channels serving political tasks and essential information dissemination as stipulated in this Regulation.

9. To independently choose infrastructure network providers to provide pay television services.

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

11. To conduct business activities in compliance with the law.

Article 26. Reporting System

Pay television service providers are responsible for submitting periodic reports every six months, in the first week of January and the first week of July each year; and submitting ad hoc reports as required by state management agencies regarding issues related to the provision of pay television services.

The Ministry of Information and Communications shall promulgate specific reporting forms for pay television service providers.

Article 27. Rights and Obligations of Pay Television Subscribers

Pay television subscribers have rights and obligations as follows:

1. To choose a service provider to enter into a pay television service supply contract.

2. To request the pay television service provider to provide necessary information related to the use of pay television services.

3. To use pay television services according to the quality, tariff rates, and other provisions stipulated in the contract with the pay television service provider.

4. To refuse to use part or all of the pay television services according to the contract entered into with the pay television service provider.

5. To be guaranteed confidentiality of personal information in accordance with the law.

6. To lodge complaints about tariffs and service quality; to be refunded for tariffs and compensated for direct losses caused by the fault of the pay television service provider when the service is not provided as stipulated in the contract, except in cases of force majeure as defined in the contract.

7. To pay the full and timely tariff for pay television services.

8. To comply fully with the conditions specified in the pay television service supply contract.

9. To compensate for direct losses caused by their own fault to the pay television service provider, except in cases of force majeure as defined in the contract.

10. Not to resupply or sell pay television services under any form.

Chapter 5.
MANAGEMENT AND SUPPLY OF PAY TELEVISION NETWORK INFRASTRUCTURE

Article 28. Pay Television Network Infrastructure Providers

A pay television network infrastructure provider is a business entity licensed to establish telecommunications networks and owning telecommunications network infrastructure that meets technical requirements for providing pay television services.

Article 29. Rights and Obligations of Pay Television Network Infrastructure Providers

Pay television network infrastructure providers have rights and obligations as follows:

1. To provide network infrastructure to service providers licensed to offer pay television services according to agreements and economic contracts.

2. To ensure that network infrastructure meets technical requirements for providing pay television services.

3. To fully comply with legal regulations on managing telecommunications network infrastructure and provisions in contracts with pay television service providers.

4. To cooperate with state management agencies responsible for pay television in ensuring information security and preventing illegal activities in the provision and use of pay television services.

Article 30. Licensing for Establishing Pay Television Network Infrastructure

The licensing for establishing pay television network infrastructure shall be carried out in accordance with legal provisions governing the licensing for establishing telecommunications networks.

Chapter 6.
INSPECTION, AUDIT AND VIOLATION HANDLING

Article 31. Inspection and Supervision

All organizations and individuals participating in the provision and use of pay television services, and receiving direct satellite television signals are subject to inspection and supervision by competent state management authorities in accordance with laws on press and telecommunications.

Article 32. Handling Violations

1. Any organization or individual violating the provisions of this Regulation shall be administratively sanctioned, have their license revoked, or be criminally prosecuted depending on the nature and severity of the violation; if damage is caused, they must compensate in accordance with the law.

Violations concerning the content of information on pay television shall be handled in accordance with the provisions of the law on press.

Violations concerning the provision and use of pay television services shall be handled in accordance with the provisions of the law on pay television.

Violations concerning the provision and use of pay television network infrastructure shall be handled in accordance with the provisions applicable to the provision and use of telecommunications network infrastructure.

2. The competent authority issuing the license shall decide to revoke the Certificate of Registration for Supplying Foreign Program Channels on Pay Television in Vietnam in case a foreign broadcasting or television company or its authorized agent seriously violates the provisions of Article 11 or Clause 6 of Article 12 of this Regulation.

3. The competent authority issuing the license shall decide to revoke the Editing License for Foreign Television Program Channels on Pay Television in case a licensed news agency seriously violates the provisions of Article 13, Clause 1 of Article 14 of this Regulation, or when the Certificate of Registration for Supplying Foreign Program Channels on Pay Television in Vietnam is revoked pursuant to Clause 2 of this Article.

4. The competent authority issuing the license shall decide to revoke the Service Supply License in the following cases:

a) Seriously violating the management provisions on content on pay television, supplying programs and channels as stipulated in Articles 9, 11, 15, and 16 consecutively twice within six months.

b) Reselling, transferring, or leasing the Service Supply License under any form.

c) A pay television service provider having its Business Registration Certificate revoked in accordance with the Law on Enterprises./.