Decision No. 46/QD-BC of 1997 by the Ministry of Culture and Information stipulates procedures for issuing licenses and handling violations in receiving foreign television programs via satellite (TVRO) for entities both within and outside the country. These regulations apply to organizations and individuals who wish to use TVRO to receive foreign television programs.
适用范围
Organizations and individuals both within and outside the country wishing to receive foreign television programs via satellite (TVRO).
要点
- must submit an application to the Ministry of Culture and Information with a dossier including an application form and accompanying documents.
- The Ministry of Culture and Information will issue the license within thirty days, after which the organization or individual must register their activities with the Department of Culture and Information and pay the fee.
- The license is valid for five years; upon expiration, it must be renewed; if no longer needed, the TVRO equipment must be dismantled and the license returned.
- Violations concerning the use of TVRO will be penalized according to the Government's regulations on administrative penalties in the field of Culture and Information.
- The Ministry of Culture and Information has the authority to revoke the license, while the People's Committee of provinces/cities directly under the Central Government will impose penalties for violations, and the specialized inspection agency of Culture and Information will inspect and monitor compliance with the regulations.
🌐 本文件的社会影响
- Positive impact: Clear regulations on licensing procedures help effectively manage the activity of receiving foreign television programs via satellite.
- Negative impact: Administrative burden for organizations and individuals wishing to use TVRO.
- Organizations and individuals failing to comply with the regulations will be penalized, affecting information and broadcasting activities.
❓ 常见问题
Which entities are eligible to receive a license to receive foreign television programs via satellite?
Entities both within and outside the country wishing to receive foreign television programs via satellite (TVRO) must submit an application to the Ministry of Culture and Information.
What is the duration for reviewing and issuing a license?
The Ministry of Culture and Information reviews and issues the license within thirty days from the date of receipt of the application.
How long is the license valid, and what should be done when it expires?
The license is valid for five years. Upon expiration, if continued use is desired, a new license must be applied for.
What penalties will be imposed for violations concerning the use of TVRO?
Violators will be penalized according to the Government's regulations on administrative penalties in the field of Culture and Information.
Who has the authority to revoke the license?
The Ministry of Culture and Information has the authority to revoke the license when organizations or individuals violate the provisions set forth in Article 6 Chapter II of the regulation.
全文
| MINISTRY OF CULTURE AND INFORMATION | SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness |
| Number: 46/QD-BC | Hanoi, January 10, 1997 |
DECISION OF THE MINISTER OF CULTURE AND INFORMATION
Issuing regulations on issuing permits; inspection
handling violations related to receiving foreign television programs from satellite (TVRO)
THE MINISTER OF CULTURE AND INFORMATION
Pursuant to the Press Law dated December 28, 1989;
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 Decision No. 877/TTg dated November 22, 1996 of the Prime Minister on managing the reception of foreign television programs;
DECISION:
Article 1.-Issuing regulations on issuing permits; inspection, handling violations related to receiving foreign television programs from satellite (TVRO)
Article 2.- The Director of the Press Department, the Inspector General of the Ministry of Culture and Information, the Directors of Provincial Departments of Culture and Information under the Central Government shall guide and inspect the implementation of these regulations.
Article 3.- These regulations take effect from the date of signature. All previous provisions contrary to these regulations are hereby abolished.
REGULATIONS
ON THE ISSUANCE OF PERMITS; INSPECTION AND HANDLING OF VIOLATIONS RELATED TO RECEIVING FOREIGN TELEVISION PROGRAMS FROM SATELLITE (TVRO)
(Issued together with Decision No. 46/QD-BC dated January 10, 1997
of the Minister of Culture and Information)
Article 1.- Domestic and foreign entities specified in Article 1 of Decision No. 877/TTg of the Prime Minister who wish to receive foreign television programs from satellite (TVRO) must apply for permission from the Ministry of Culture and Information.
PART I
PROCEDURE FOR CONSIDERING LICENSE APPLICATIONS
Units using TVRO equipment to receive programs from Vietnam Television to fulfill national broadcasting coverage tasks are not subject to this regulation.
Article 2.- Application dossier for permit issuance.
1. Application form for permit according to the model of the Ministry of Culture and Information.
2. Supporting documents attached to the application form:
a. Diplomatic agencies, consular agencies, representative offices of international organizations, intergovernmental and nongovernmental organizations, foreign news agencies, including heads of such agencies wishing to install TVRO must have confirmation from the Ministry of Foreign Affairs of the Socialist Republic of Vietnam.
b. Representative offices of foreign economic organizations, consulting organizations; companies, enterprises with 100% foreign capital; Vietnamese economic, cultural, tourism organizations joint ventures with foreign partners, and heads of such agencies being foreigners must have business operation licenses or investment licenses, lists of foreign experts and staff at the installation site.
In case of installation at rented premises, there must be a lease agreement.
c. Domestic entities must have a proposal from the competent authority.
Hotels, in addition to business licenses, must have star ratings issued by the Tourism General Department.
Article 3.- Receiving applications for permit issuance.
1. The Ministry of Culture and Information (Press Department) directly receives applications for permits to receive foreign television programs (TVRO) from entities specified in items a, d, đ point 1, and items a, b, c, đ point 2, Article 1 of Decision 877/TTg of the Prime Minister.
2. Provincial Departments of Culture and Information under the Central Government receive applications, inspect, confirm, and recommend the Ministry of Culture and Information to issue permits for entities specified in items b, c, e point 1 and item d, point 2, Article 1 of Decision 877/TTg of the Prime Minister.
2. The Department of Culture and Information of the province or centrally governed city shall receive the application file, examine, confirm, and propose the Ministry of Culture and Information to issue permits for the subjects specified in clauses b, c, e, point 1 and clause d, point 2, Article 1 of Decision 877/TTg of the Prime Minister.
Article 4.- Issuing licenses.
Within thirty days from the date of receiving the application file, the Ministry of Culture and Information shall be responsible for examining and issuing the license for using TVRO. In case of not issuing the license, the Ministry of Culture and Information shall issue a written response stating the reasons. Organizations and agencies refused a license have the right to appeal according to the provisions of the law.
Article 5.- Effectiveness of the license.
1. When having a license issued by the Ministry of Culture and Information, the licensed entity must register its activities with the Provincial Department of Culture and Information and pay the prescribed fees; thereafter, it may install and use TVRO.
2. All entities using TVRO to receive foreign television programs must comply with the conditions specified in the license.
3. Any changes or additions to the conditions already stated in the license must be approved by the Ministry of Culture and Information.
4. The license is valid for use for five years from the date of issuance.
Upon expiration of the validity period of the license, if there is a need to continue using it, an application for reissuance of the license must be submitted.
5. If there is no longer a need to use TVRO, the entity must dismantle the TVRO equipment on its own; notify the Provincial Department of Culture and Information and return the license to the Ministry of Culture and Information.
PART II
HANDLING VIOLATIONS
Article 6.- Strictly prohibited are the following violations:
Installing and using equipment to receive foreign television programs TVRO without a license.
Using the license for purposes, locations, quantities, and types of equipment different from those declared.
Transferring the license for use or allowing others to use it concurrently.
Reproducing, disseminating, or publishing the content outside the scope specified in the license in any form.
Article 7.- Forms and levels of penalties.
Both domestic and foreign entities that violate Article 6 of Chapter II of this regulation will be subject to administrative penalties as prescribed by the Government regarding administrative penalties in the field of Culture and Information.
CHAPTER III
AUTHORITY TO INSPECT, IMPOSE PENALTIES FOR VIOLATIONS
AND REWARD
Article 8.- Authority of the Ministry of Culture and Information.
The Ministry of Culture and Information has the authority to decide on revoking the license for receiving foreign television programs in cases of violation as stipulated in Article 6 of Chapter II of this regulation.
Article 9.- Authority of the People's Committee of provinces and centrally governed cities.
The People's Committee of provinces and centrally governed cities has the authority to impose administrative penalties on acts of violation as stipulated in Article 6 of Chapter II of this regulation.
In urgent situations, the People's Committee of the province or city has the authority to temporarily suspend the use of TVRO equipment and must immediately report to the Ministry of Culture and Information.
Article 10.- Authority of the specialized inspection agency under the Ministry of Culture and Information.
The specialized inspection agency under the Ministry of Culture and Information or the Provincial Department of Culture and Information has the authority to inspect, supervise, and handle violations of the implementation of this regulation according to the provisions of the law.
Article 11.- The Provincial Department of Culture and Information of centrally governed cities is responsible for organizing the enforcement of decisions on penalties issued by the Ministry of Culture and Information and the People's Committee of provinces and centrally governed cities.
Article 12.- Agencies, organizations, or individuals who are penalized have the right to appeal to the authority that issued the penalty decision within ten days from the date of receipt of the penalty decision.
Those who issue incorrect penalty decisions causing material losses must compensate.
Article 13.- The Ministry of Culture and Information shall periodically organize inspection teams to inspect the use of TVRO equipment for receiving foreign television programs nationwide.
The Department of Culture and Information of provinces and centrally governed cities shall be responsible for inspecting and supervising the implementation of this code within their jurisdiction.
Article 14.- Organizations, agencies, and individuals who contribute to detecting violations shall be rewarded according to the provisions of the Press Law./.
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