Decree No. 71/2022/ND-CP Amending and supplementing some articles of Decree No. 06/2016/ND-CP dated January 18, 2016 of the Government on management, provision, and use of radio and television services

DECREE

Amending and supplementing certain articles of Decree No. 06/2016/NĐ-CP

dated January 18, 2016 of the Government on management, provision, and use of radio and television services

Radio and Television Services

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Press Law dated April 5, 2016;

Pursuant to the Cinema Law dated June 15, 2022;

At the proposal of the Minister of Information and Communications;

The Government promulgates this Decree amending and supplementing certain articles of Decree No. 06/2016/NĐ-CP dated January 18, 2016 of the Government on management, provision, and use of radio and television services.

Article 1. Amending and supplementing certain articles of Decree No. 06/2016/NĐ-CP dated January 18, 2016 of the Government on management, provision, and use of radio and television services

1. Clause 3 shall be amended and supplemented as follows:

a) Amending and supplementing Clause 1 of Article 3 as follows:

“1. Radio and television service is a service providing intact domestic channels, foreign channels, and on-demand radio and television content, as well as value-added service contents over broadcasting and transmission infrastructure directly to users without storage devices or delay equipment (online radio and television service) or according to specific user requests (on-demand radio and television service).”

b) Amending and supplementing Clause 2 of Article 3 as follows:

“2. Value-added service is a service providing additional content that enhances the utility of radio and television services, linked to channels and on-demand radio and television content.”

c) Amending and supplementing Clause 7 of Article 3 as follows:

“7. Content provider is a press agency with a Permit for Radio and Television Broadcasting Activities in Vietnam, an organization or enterprise owning or legally authorized to use copyright for content provided to radio and television service providers.”

d) Amending and supplementing Clause 8 of Article 3 as follows:

“8. Radio and television service provider is a business established in accordance with Vietnamese laws, meeting the conditions to provide such services, and directly providing radio and television content to users.”

đ) Amending and supplementing Clause 11 of Article 3 as follows:

“11. Service subscriber (shortened as subscriber) is a user who has signed a contract with a radio and television service provider in the form of a written or electronic document.”

e) Supplementing Clause 16 of Article 3 as follows:

“16. Domestic program is a radio and television program as prescribed by the Press Law; other audiovisual programs produced by Vietnamese organizations, including live broadcasts at the time of events.”

g) Supplementing Clause 17 of Article 3 as follows:

“17. Foreign program is a radio and television program belonging to foreign radio channels or television channels; other audiovisual programs produced by foreign organizations, including live broadcasts at the time of events.”

h) Supplementing Clause 18 of Article 3 as follows:

“18. On-demand radio and television content includes: films, domestic programs, foreign programs.”

i) Supplementing Clause 19 of Article 3 as follows:

“19. Pay-per-view radio and television service fee is the amount that subscribers must pay to a pay-per-view radio and television service provider to use the service on a daily, weekly, monthly, yearly, or per-content basis as agreed upon in the contract.”

2. Point đ Clause 1 Article 4 shall be amended and supplemented as follows:

“đ) Internet-based radio and television service is a type of radio and television service using Internet connections through domain names of websites or specific Internet addresses managed by Vietnam, including Internet applications.”

3. Article 5 shall be amended and supplemented as follows:

a) Amending and supplementing Clause 1, Article 5 as follows:

“1. Developing nationwide promotional radio and television services using modern technology so that all citizens can easily access domestic programs and channels; deploying satellite broadcasting coverage in difficult areas without terrestrial signals to enable citizens to receive and watch national and local programs serving political tasks and essential information dissemination.”

b) Amending and supplementing Clause 4 of Article 5 as follows:

“4. Managing the provision of information content on radio and television services in accordance with laws on press and cinema; managing technical infrastructure for broadcasting and transmission of radio and television services in accordance with laws on telecommunications.

Managing the provision and use of radio and television services in Vietnam, including cross-border Internet-based radio and television services provided to users within the territory of Vietnam as stipulated in this Decree and related laws.”

c) Amending and supplementing Clause 5 of Article 5 as follows:

“5. Evaluating the effectiveness of information content and the quality of radio and television services by applying digital technology, implementing recording, audience measurement, sociological surveys, and technical inspections.”

d) Supplementing Clause 7 of Article 5 as follows:

“7. Maintaining the current provision of analog cable television services; ceasing the provision of analog cable television services based on market demand.”

4. Clause 2 Article 12 shall be amended and supplemented as follows:

a) Amending and supplementing Point c Clause 2 Article 12 as follows:

“c) The proposal for providing services clearly states: Type and scope of service provision; technical solutions for providing online radio and television services and on-demand radio and television services (if applicable); payment methods; anticipated terms regarding rights and responsibilities of parties in signing contracts for service provision and use, and the contents specified in Points b, d, đ, e, g, and h Clause 1 of this Article;”

For services specified in point đ, Clause 1, Article 4 of this Decree, in cases where the service does not provide channels of programs but only provides radio and television content on demand: The declaration shall be made according to the form prescribed by the Ministry of Information and Communications, including the scope and technical conditions for providing the service; payment methods; complaint resolution procedures; anticipated terms regarding the rights and responsibilities of the parties; anticipated group of contents provided on the service; ".vn" domain name or Internet address and Internet application providing the service.

b) Amend and supplement point e, Clause 2, Article 12 as follows:

“e) A certified copy or a copy with the original for comparison of the agreement on the reception point of program channels serving political tasks and essential information dissemination, except in cases where internet radio and television services do not provide program channels.”

5. Article 13 is amended and supplemented as follows:

a) Amend and supplement point b, Clause 1, Article 13 as follows:

“b) Domestic program channels permitted to be provided on promotional services.”

b) Amend and supplement Clause 2, Article 13 as follows:

“2. The reception point of program channels serving political tasks and essential information dissemination shall be carried out according to the agreement between the press agency with a Radio and Television Business License and the service provider. The press agency decides the reception point from the main control center of the press agency or from a location with a favorable position, nearest and suitable with legal regulations to ensure signal quality and save transmission costs for the service provider.”

6. Article 14 is amended and supplemented as follows:

a) Amend and supplement Clause 1 of Article 14 as follows:

“1. Basic service package is the service package that the radio and television service provider must provide to subscribers and must be reflected in the service provision contract, including: program channels serving political tasks and essential information dissemination; may include domestic program channels, foreign program channels, specifically:

a) National program channels serving political tasks and essential information dissemination must be provided to all subscribers;

b) Local program channels serving political tasks and essential information dissemination must be provided to subscribers in the local administrative area where the service provider operates, except in cases where the service provider uses transmission technology without the ability to insert or replace program channels;

c) The reception point of program channels serving political tasks and essential information dissemination shall be carried out according to the agreement between the press agency with a Radio and Television Business License and the service provider. The press agency decides the reception point from the main control center of the press agency or from a location with a favorable position, nearest and suitable with legal regulations to ensure signal quality and save transmission costs for the service provider;

d) Foreign program channels and other domestic program channels are decided by the service provider.”

b) Amend and supplement Clause 3, Article 14 as follows:

“3. On-demand radio and television service package includes programs and films broadcast on program channels; on-demand radio and television content as stipulated in Clause 18, Article 3 of this Decree has been edited and classified according to the provisions of Clause 1, Article 20a of this Decree.”

c) Amend and supplement Clause 4, Article 14 as follows:

“4. Contents of value-added services have been edited and classified according to the provisions of Clause 1, Article 20a of this Decree.”

d) Supplement Clause 5, Article 14 as follows:

“5. In cases of providing on-demand radio and television services over the Internet, there is no need to provide national and local program channels serving political tasks and essential information dissemination to subscribers.”

7. Article 16 is amended and supplemented as follows:

a) Amend and supplement Clause 3 of Article 16 as follows:

“3. Carry out joint production activities of programs and channels in fields specified in point d, Clause 2, Article 37 of the Press Law, excluding news and current affairs radio and television programs; programs about politics, national defense, security, social order and safety.”

b) Supplement point c, point d, Clause 5, Article 16 as follows:

“c) Control and take responsibility for the content to ensure that joint production programs are edited and classified before broadcasting or providing to other digital communication platforms;

d) Control and take responsibility for the activities of the joint production partner during the organization and production of joint production programs and channels.”

8. Clause 6, Article 17 is amended and supplemented as follows:

“6. Does not include pre-installed foreign advertising content. Any advertising content (if any) must be installed in Vietnam. The press agency granted the Editing License is responsible for installing advertisements, ensuring compliance with legal regulations on advertising as for pay television channels.”

9. Point c, Clause 6, Article 18 is amended and supplemented as follows:

“c) Documentation proving the valid legal ownership of the channel program in accordance with the laws of the country where the foreign broadcaster owns the channel program, accompanied by a certified Vietnamese translation for documents prepared in a foreign language;”

10. Article 19 is amended and supplemented as follows:

a) Amend and supplement Clause 1 of Article 19 as follows:

“1. Editing of foreign program channels must ensure:

a) Editing and managing content must not contravene Vietnamese laws on press, film, advertising, and other relevant laws;

b) Editing and implementing content warnings must comply with Vietnamese laws on children, film, and other relevant laws.”

b) Amend and supplement Clause 2, Article 19 as follows:

“2. Translation of foreign program channels must ensure respect and preservation of the purity of the Vietnamese language.”

11. Supplement Article 20a as follows:

"Article 20a. Editing, categorizing, translating radio and television content according to requirements

1. Editing and categorizing radio and television content according to requirements shall be carried out as follows:

a) For news and current affairs programs; political, defense, security, economic, and social programs: They must be produced and edited by press agencies with a Radio and Television Operation License before being provided on the service;

b) For films: Before providing on the service, the service provider must ensure the conditions for implementing film categorization as prescribed by the Government and bear legal responsibility for the content and results of film categorization according to the criteria set by the Ministry of Culture, Sports and Tourism; in cases where the service provider has not ensured the conditions for implementing film categorization, they should request the Ministry of Culture, Sports and Tourism or an agency authorized by the Ministry of Culture, Sports and Tourism to carry out categorization for films that have not been issued a Film Categorization License or a Broadcast Decision;

c) For sports and entertainment programs: They must be edited and categorized before being provided on the service and display warnings during service provision, ensuring compliance with prohibitions under Vietnamese law. The service provider shall base their editing, categorization, and warning activities on the principles set forth by the Ministry of Information and Communications and relevant laws.

2. Translating radio and television content according to requirements:

The translation of foreign films and programs must respect and preserve the purity of the Vietnamese language, ensuring compliance with prohibitions under Vietnamese law. The content of each type of program (if applicable) shall be edited and categorized as prescribed in Clause 1 of this Article.

3. The Ministry of Information and Communications shall take the lead and coordinate with related agencies, organizations, and enterprises to prevent the dissemination of radio and television content on demand that does not comply with the editing and categorization requirements stipulated in Clause 1 of this Article.

12. Article 21 is amended and supplemented as follows:

a) Amend and supplement Clause 1, Article 21 as follows:

“1. For broadcasting radio and television services

Service providers of broadcasting radio and television services shall proactively select domestic channel program directories in accordance with Article 13 of this Decree to provide on the service and are not required to register the directory; they shall report the directory according to the form prescribed by the Ministry of Information and Communications for business reporting and inspection by competent authorities.”

b) Amend and supplement Clause 3 of Article 21 as follows:

“a) Ensuring compliance with copyright requirements as stipulated in Clause 3 of Article 22 of this Decree;

b) Being allowed to edit and categorize before providing on the service according to the provisions of Clause 1 of Article 20a of this Decree;

c) Advertising content (if any) must be edited by the service provider to comply with Vietnamese advertising laws and other relevant laws;

d) On-demand radio and television content, value-added service content, advertising content: Must prepare files according to the forms prescribed by the Ministry of Information and Communications for business reporting and inspection by competent authorities.”

13. Article 22 is amended and supplemented as follows:

a) Amend and supplement Clause 1 of Article 22 as follows:

“1. Channels and programs serving political tasks and essential information dissemination as prescribed by law shall be retransmitted intact on radio and television services in Vietnam through agreements between press agencies with a Radio and Television Operation License and service providers.”

b) Supplement Clause 3 of Article 22 as follows:

“3. On-demand radio and television content, value-added service content must ensure compliance with copyright requirements as follows:

a) Having legal proof of copyright ownership as prescribed by law;

b) Ensuring the integrity of the program or film broadcast on the channel, including the channel's name and logo;

c) Ensuring compliance with copyright contracts or agreements; the integrity of the content after editing and categorization as prescribed in Clause 1 of Article 20a of this Decree.”

14. Article 26 is amended and supplemented as follows:

a) Amend and supplement Clause 1 of Article 26 as follows:

“1. The Ministry of Information and Communications shall prescribe the reporting system and forms for the provision of radio and television services; the provision of foreign channels on paid radio and television services; production and joint production of programs and channels; editing and translating content provided on radio and television services.”

b) 修改第三款第二十六条如下：

“3. Units with a Radio and Television Operation License, a Channel Production License, a Foreign Channel Editing License, and a Registration Certificate for Providing Foreign Channels on Paid Radio and Television Services shall be responsible for:

a) Regularly and urgently reporting activities such as program and channel production, joint production; editing and translating content provided on radio and television services; providing foreign channels on paid radio and television services according to the regulations of the Ministry of Information and Communications;

b) Proving the accuracy of reported content and data when requested by competent authorities.”

15. Supplement Clause 7 of Article 29 as follows:

“7. For foreign channels directly provided via satellite and transmitted over the Internet, service providers with a license for paid radio and television services may establish a signal reception system over the Internet to provide to the subjects specified in Clauses 2 and 3, Point b Clause 4 of Article 29 of this Decree and shall complete registration procedures with the Department of Information and Communications as for direct satellite signal reception procedures prescribed in Article 30 of this Decree.”

Article 2. Amending and supplementing provisions on processing time and accepting files for issuing licenses and certificates

1. Replace the phrase "30 working days" with "24 working days" at Point b Clause 3 Article 12, Point b Clause 3 and Point e Clause 6 Article 15, Point h Clause 6 Article 18, Point e Clause 3 and Clause 7 Article 20; replace the phrase "20 working days" with "16 working days" at Point b Clause 6 Article 12, Point đ Clause 5 Article 15, Point g Clause 7 Article 18, Point d Clause 6 Article 20; replace the phrase "15 working days" with "12 working days" at Point d Clause 5 Article 12 and Point đ Clause 2 Article 30; replace the phrase "10 working days" with "8 working days" at Point c Clause 7 Article 12 and Point c Clause 3 Article 30; replace the phrase "Planning for the development and management of national press" with "State strategy, plan, and policy on the development and management of national press" at Clause 1 Article 20 of this Decree.

2. The files specified at Point a Clause 3 and Point c Clause 5 Article 12; Point a Clause 3, Point d Clause 5 and Point đ Clause 6 Article 15; Point g Clause 6 and Point e Clause 7 Article 18; Point đ Clause 3, Point d Clause 6 and Point đ Clause 7 Article 20; Point d Clause 5 Article 21 of this Decree shall be established in one original copy, submitted directly or through the postal system to the Ministry of Information and Communications (Radio, Television and Electronic Information Administration) or submitted online via the Ministry of Information and Communications' public service delivery portal (for cases involving electronic certification).

Article 3. Effectiveness

1. This Decree takes effect from January 1, 2023.

2. Abolish Point b Clause 2 Article 12; Point d Clause 6 Article 18; Point b Clause 2 Article 30 regarding business registration certificates and investment certificates.

Article 4. Responsibilities for Implementation

1. The Minister of Information and Communications is responsible for guiding and supervising the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees, and related organizations and individuals are responsible for implementing this Decree.