Decision No. 79/2002/QĐ-TTg On Managing the Reception of Foreign Television Programs

Pursuant to …;

Regarding the management of receiving foreign television programs

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PRIME MINISTER

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

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

To strengthen the management of receiving and using foreign television programs, clearly defining the functions and responsibilities of state management in this field;

Considering the proposal of the Minister of Culture and Information.

DECISION:

Article 1. The following subjects in Vietnam are permitted to use satellite signal receiving equipment (TVRO) to directly receive foreign television programs:

1. Domestic subjects:

a) Leading cadres of the Party, State, and political-social organizations at the central level from Deputy Heads of the Party or equivalent, Deputy Ministers or equivalent, Deputy Chairpersons of political-social organizations or equivalent and above.

b) Leading cadres at local levels from Deputy Secretaries of Provincial Party Committees, Municipal Party Committees, Deputy Chairpersons of Provincial People's Councils, Provincial People's Committees, and centrally-administered municipalities and above.

c) Functional units of the Ministry of Public Security, Ministry of National Defense, Ministry of Foreign Affairs; specialized agencies of the Party and State at the central level with needs to serve tasks as proposed by the leadership of these agencies.

d) Specialized agencies of Provincial Party Committees, Municipal Party Committees, Provincial People's Councils, Provincial People's Committees, and centrally-administered municipalities with needs to serve tasks as proposed by the leadership of these agencies.

đ) Editorial departments of daily newspapers, central foreign newspapers, and newspapers in Hanoi and Ho Chi Minh City; newspapers of central political-social organizations.

e) Vietnam Television, Voice of Vietnam Radio; regional radio and television stations under the national network; provincial radio and television stations, centrally-administered municipal radio and television stations.

2. Foreign subjects:

a) Foreign agencies and organizations in Vietnam.

b) Permanent offices of foreign news agencies and press organizations.

c) Headquarters of companies and enterprises with 100% foreign investment; headquarters of economic, cultural, scientific, and tourism organizations jointly established with foreign partners having foreign experts and employees working there.

d) Foreign residents in Vietnam; foreigners staying at tourist accommodation facilities rated at least one star.

Article 2.

1. Subjects using TVRO to directly receive foreign television programs may only use such programs within the scope registered in the permit issued by the competent state management agency.

2. Agencies and organizations importing and trading in TVRO equipment must apply for permission and obtain written approval from the Ministry of Trade.

3. Agencies and organizations engaged in the business of installing and repairing TVRO equipment must register and obtain written approval from the Ministry of Culture and Information.

4. Foreign television stations wishing to provide program decoding devices to distributors in Vietnam must register with the Ministry of Culture and Information.

5. Agencies and organizations acting as distributors in Vietnam of foreign television program decoding devices must register and obtain written approval from the Ministry of Culture and Information.

Article 3.

1. Pay television (PayTV) is a type of broadcasting organization using different technical means (multiple channel microwave distribution system - MMDS, cable - CATV, satellite...) to broadcast television programs to viewers according to payment contracts.

2. Licensing and management of pay television operations shall be carried out in accordance with state regulations on press organizations.

3. Pay television organizations are responsible for broadcasting foreign television programs directly to the specified recipients as stipulated in Article 4 of this Decision.

Article 4The following subjects in Vietnam are permitted to use PayTV to directly receive foreign television programs:

1. Subjects mentioned in Article 1 of this Decision.

2. Agencies of the Party, State, and people's organizations; editorial departments of central and provincial-level press organizations.

3. Research staff with needs as proposed by Ministries, Departments, mass organizations; Provincial People's Committees.

Article 5.

1. Pay television broadcasts direct-to-home services for all viewers who have contracted to pay for foreign television programs on science and sports.

2. Content of other foreign television programs if used on pay television must be edited to comply with the provisions of the Press Law.

3. Programs used on pay television must ensure compliance with copyright regulations.

Article 6. Responsibilities for managing the reception of foreign television programs:

1. The Ministry of Culture, Sports and Tourism:

a) Issuing permits for the installation and use of TVRO to receive foreign television programs for the subjects mentioned in points a, c, đ, e Clause 1 and points a, b Clause 2 of Article 1 of this Decision.

b) Registering foreign television stations providing program decoding devices to distributors in Vietnam.

c) Registering agencies and organizations acting as distributors in Vietnam of foreign television program decoding devices.

d) Registering agencies and organizations engaged in the business of installing and repairing TVRO equipment.

2. The Ministry of Trade:

Issuing import and trade permits for TVRO equipment after obtaining written agreement from the Ministry of Culture and Information.

3. People's Committees of provinces and centrally-administered cities:

Issuing permits for the installation and use of TVRO to receive foreign television programs for the subjects mentioned in points b, d Clause 1 and points c, d Clause 2 of Article 1 of this Decision in their respective localities.

The Department of Culture and Information is responsible to the People's Committee of the province or centrally-administered municipality for issuing permits for the installation and use of TVRO to receive foreign television programs in their respective localities.

Article 7.

1. The Ministry of Culture and Information is responsible for coordinating with relevant agencies to organize annual inspections or spot checks on the issuance and use of permits and handling violations related to the issuance and use of foreign television programs nationwide as prescribed.

2. The People's Committees of provinces and centrally governed cities shall be responsible for managing the issuance, use of permits, and handling violations related to permit issuance and the use of foreign television programs within their respective localities in accordance with the regulations.

The Department of Culture and Information shall assist the People's Committee of provinces and centrally governed cities in performing the function of managing the reception of foreign television programs within their respective localities.

Article 8. This Decision shall take effect fifteen days from the date of its promulgation and shall replace Decision No. 877/TTg dated November 22, 1996 issued by the Prime Minister.

All previous regulations that conflict with this Decision are hereby abolished.

Article 9. The Ministry of Culture and Information shall be primarily responsible for coordinating with relevant agencies to guide the implementation of this Decision.

Article 10. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of the People's Committees of provinces and centrally governed cities, and all organizations and individuals shall be responsible for implementing this Decision.