Quyết định 55/1999/QD-BVHTT

DECISION

BY THE MINISTER OF CULTURE AND INFORMATION

Issuance of Regulations on production, export, import, circulation and business of audio and video tapes and discs on music and stage performances
Pursuant to Decree 81/CP on 8 November 1993 by the Government defining the functions, tasks, rights and organization of the Ministry of Culture and Information;
To strengthen the efficiency of the State management in production, export, import, circulation and business of audio and video tapes and discs on music and stage performances;
On proposal of the Head of the Legal Department;

DECIDES

Article 1. To issue attached to this Decision the "Regulations on production, export, import, circulation and business of audio and video tapes and discs on music and stage performances."

Article 2. The Regulations issued attached to this Decision shall come into effect within 15 days after the signing date.

The temporary regulations on the management of music activities issued attached to Decision 1709/VH-QD on 11 October 1989 by the Minister of Culture, Document 2137/CV-VP on 27 July 1994 by the Ministry of Culture and Information and other previous regulations of the Ministry of Culture and Information contrary to the Regulations issued attached to this Decision shall be no longer valid after the day the said Regulations issued attached to this Decision come into effect.

Article 3. The Head of the Ministerial Office, the Chief Inspector, the Heads of the Bureau of Performance Art, the Cinema Bureau, the Bureau of Publication, directors of the Services of Culture and Information and the heads of all relevant units administered by the Ministry of Culture and Information shall be responsible to implement the said Regulations issued attached to this Decision.

REGULATIONS

ON LICENSING, INSPECTING, EXAMINING AND DEALING WITH VIOLATIONS IN THE RECEIPT OF FOREIGN TELEVISION PROGRAMS
(issued attached to Decision 18/2002/QD-BVHTT on 29 July 2002 by the Minister of Culture and Information)

Chapter I

PROCEDURES OF LICENSE ISSUANCE

Section A:

PROCEDURES TO ISSUE LICENSES TO DIRECTLY RECEIVE FOREIGN TELEVISION PROGRAMS FROM SATELLITES

Article 1. Application files

All entities specified in Article 1 of Decision 79/2002/QD-TTg on 18 June 2002 by the Prime Minister on the management of the receipt of foreign television programs (hereinafter called "the Decision") having the need to directly receive foreign television programs from satellites shall have to apply for permission from the competent governmental authorities.

1. The entities specified in Points (a), (c), (d) and (e) Clause 1 and Points (a) and (b) Clause 2 Article 1 of the Decision shall submit their application files for a license to directly receive foreign television programs from satellites to the Press Department, Ministry of Culture and Information.

The files shall consist of:

- Application (Form 1)

- Written confirmation of the location to install the direct foreign television programs receiving devices from satellite (notarized copies of the Decision on the establishment of offices or organizations; certificate of house ownership; house renting contract, etc.)

- Copy of the Decision of Appointment or written proposals from the leaders of the parent authorities to the entities specified in Points (a) and (c) Clause 1;

- Written confirmation and proposals by the Ministry of Foreign Affairs of the Socialist Republic of Vietnam to the entities specified in Points (a) and (b) Clause 2.

2. The entities specified in Points (b) and (d) Clause 1 and Points (c) and (d) Clause 2 Article 1 of the Decision shall submit their application files for the license to directly receive foreign television programs from satellites to the Services of Culture and Information of the provinces or centrally-administered cities where the devices to directly receive foreign television programs from satellites shall be installed.

The files shall consist of:

- Application (Form 1)

- Written confirmation of the location to install the direct foreign television programs receiving devices from satellite (notarized copies of the Decision on the establishment of offices or organizations; certificate of house ownership; house renting contract, etc.)

- Written proposals from the leaders of the parent authorities to the entities specified in Point (d) Clause 1;

- Notarized copy of the Investment License or Operation License to the entities specified in Point (c) Clause 2;

- Written confirmation of the reason for permanent residence in Vietnam by the competent authorities to foreign residents in Vietnam specified in Point (d) Clause 2;

- Notarized copy of the Decision to classify one-star or above by the competent authorities to foreign residents in Vietnam specified in Point (d) Clause 2;

- Notarized copy of the Decision to classify one-star or above by the relevant State tourist authorities and notarized copy of the Files to establish tourist residences to the tourist residences receiving foreigners as specified in Point (d) Clause 2.

Article 2. Licensing

Within 15 days after receiving the files in order, the Ministry of Culture and Information or the Services of Culture and Information of the provinces or centrally-administered cities shall have responsibility to issue the License on directly receiving foreign television programs from satellites. In case of refusal, the Ministry of Culture and Information or the Services of Culture and Information must give clear explanation. Organizations or individuals who are refused a license shall have the right to complain as stipulated by laws.

The License on directly receiving foreign television programs from satellites shall follow the form provided by the Ministry of Culture and Information (Form 2).

Article 3. License's validity

1. Only after obtaining the license for directly receiving foreign television programs from satellites, the licensees are allowed to install and use the foreign television program receivers.

2. All entities who are allowed to directly receive foreign television programs from satellites shall strictly execute their licenses.

3. To change or supplement one of the regulations in the licenses, it is necessary to ask for permission in writing from the licensers.

4. The licenses shall be valid for 5 years maximum after the license day.

The validity is clearly noted in the licenses.

For the entities who are allowed to directly receive foreign television programs from satellites, if their operation or residence duration in Vietnam is below 5 years, the license validity shall be based on their operation or residence duration (Operation License, Residence License, House Renting Contract, etc.)

In case of the license's expiry, to continue directly receiving foreign television programs from satellites, the application procedures shall be repeated.

5. In case of no longer directly receiving foreign television programs from satellites, the entities shall have to dismantle foreign television programs receivers and return the licenses to the licensers.

Section B:

PROCEDURES TO ISSUE REGISTRATION TO FOREIGN TELEVISION COMPANIES TO PROVIDE FOREIGN TELEVISION PROGRAMS DECODING DEVICES TO THEIR REPRESENTATIVE DISTRIBUTORS IN VIETNAM

Article 4. Application files

Foreign television companies who want to provide television programs decoding devices to their representative distributors in Vietnam shall register with the Ministry of Culture and Information.

The files shall consist of:

1. Application for the registration (in Vietnamese, form 3)

2. Copy of the Operation License issued in the countries where the television companies bear the citizenship – attached with a notarized Vietnamese translation.

The application files shall be submitted to the Press Department, Ministry of Culture and Information.

Article 5. Issuance of the registration certificate

Within 30 days after receiving the application files in order, the Ministry of Culture and Information shall have responsibility to issue the registration certificate to provide foreign television programs decoding devices in Vietnam. In case of refusal, the Ministry of Culture and Information shall reply with clear explanation. The organizations who are refused a registration certificate shall have the right to complain as stipulated by laws.

The registration certificates to provide foreign television programs decoding devices in Vietnam shall be specified by the Ministry of Culture and Information (Form 4).

Article 6. Validity of the registration certificate

1. Only after obtaining the registration certificate to provide foreign television programs decoding devices in Vietnam from the Ministry of Culture and Information, foreign television companies are allowed to make contracts on provision of foreign television programs decoding devices with organizations or agencies as their representative distributors in Vietnam.

2. The foreign television companies issued with the registration certificate to provide foreign television programs decoding devices in Vietnam shall have to strictly execute the registration certificate issued by the Ministry of Culture and Information.

3. To change or supplement one of the regulations in the registration certificate to provide foreign television programs decoding devices in Vietnam, it is necessary to ask for permission in writing from the Ministry of Culture and Information.

4. The registration certificate shall be valid for five years after the issuance day. In case of expiry, to continue providing foreign television programs decoding devices, the foreign television companies shall have to repeat the application procedures.

Section C:

PROCEDURES TO ISSUE THE REGISTRATION TO ORGANIZATIONS OR AGENCIES AS REPRESENTATIVE DISTRIBUTORS OF FOREIGN TELEVISION PROGRAMS DECODING DEVICES IN VIETNAM

Article 7. Application files

Organizations or agencies engaging in installation and repair of direct television signals receivers from satellites (TVRO) who are issued with the registration certificate for installing and repairing TVRO devices and who request to be representative distributors for foreign television programs decoding devices in Vietnam shall register with the Ministry of Culture and Information.

The files shall consist of:

Application for the registration (Form 5);

Notarized copy of the Operation License, Establishment Licenses of organizations or agencies;

Notarized copy of the contract to be representative distributors for foreign television programs decoding devices in Vietnam with foreign television companies – attached with a notarized Vietnamese translation;

The application files for the registration shall be submitted to the Press Department, Ministry of Culture and Information.

Article 8. Issuance of the registration certificate

Within 20 days after receiving the application files in order, the Ministry of Culture and Information shall have responsibility to issue the registration certificate to act as representative distributors of foreign television programs decoding devices in Vietnam. In case of refusal, the Ministry of Culture and Information shall reply with clear explanation. The organizations or agencies who are refused from the registration certificate shall have the right complain as stipulated by laws.

The registration certificate to act as representative distributors of foreign television programs decoding devices in Vietnam shall be specified by the Ministry of Culture and Information (Form 6).

Article 9. Validity of the registration certificate

1. Only after obtaining the registration certificate to act as representative distributors of foreign television programs decoding devices in Vietnam from the Ministry of Culture and Information, organizations or agencies are allowed to provide foreign television programs decoding devices.

Organizations or agencies acting as representative distributors of foreign television programs decoding devices in Vietnam shall be responsible to provide the said devices to the entities who are allowed to receive foreign television programs as specified by laws.

The import of foreign television programs decoding devices in Vietnam shall be in line with the regulations by the Vietnamese State on the import of TVRO devices.

2. The organizations or agencies issued with the registration certificate to act as representative distributors of TVRO devices in Vietnam shall have to strictly execute the registration certificate issued by the Ministry of Culture and Information.

3. To change or supplement one of the regulations in the registration certificate to act as representative distributors of TVRO devices in Vietnam, it is necessary to ask for permission in writing from the Ministry of Culture and Information.

4. The registration certificate shall be valid for five years after the issuance day. In case of the certificate's expiry, to continue acting as representative distributors of TVRO devices in Vietnam, organizations or agencies shall have to repeat the application procedures.

Section D:

PROCEDURES TO ISSUE REGISTRATION CERTIFICATE TO ORGANIZATIONS OR AGENCIES TO DO BUSINESS IN INSTALLING AND REPAIRING OF TVRO DEVICES

Article 10. Application files

Organizations or agencies doing business in installing and repairing of TVRO devices shall register with the Ministry of Culture and Information.

The files shall consist of:

Application for the registration (Form 7);

Notarized copy of the Operation License, Establishment Licenses of organizations or agencies;

The application files for the registration shall be submitted to the Press Department, Ministry of Culture and Information.

Article 11. Issuance of the registration certificate

Within 15 days after receiving the application files in order, the Ministry of Culture and Information shall have responsibility to issue the registration certificate to the organizations or agencies to do business in installing and repairing TVRO devices. In case of refusal, the Ministry of Culture and Information shall reply with clear explanation. The organizations or agencies who are refused from the registration certificate shall have the right complain as stipulated by laws.

The registration certificate to organizations or agencies to do business in installing and repairing TVRO devices shall be specified by the Ministry of Culture and Information (Form 8).

Article 12. Validity of the registration certificate

1. Only after obtaining the registration certificate from the Ministry of Culture and Information, organizations or agencies doing business in installing and repairing TVRO devices are allowed to install and repair TVRO devices.

The import of TVRO devices in Vietnam shall be in line with the regulations by the Vietnamese State.

Organizations or agencies doing business in installing and repairing TVRO devices shall be responsible to install and repair the said devices for the entities who are allowed to receive foreign television programs as specified by laws.

2. The organizations or agencies issued with the registration certificate to do business in installing and repairing TVRO devices in Vietnam shall have to strictly execute the registration certificate issued by the Ministry of Culture and Information.

3. To change or supplement one of the regulations in the registration certificate, it is necessary to ask for permission in writing from the Ministry of Culture and Information.

4. The registration certificate shall be valid for five years after the issuance day. In case of the certificate's expiry, to continue doing business in installing and repairing TVRO devices, organizations or agencies shall have to repeat the application procedures.

Section E:

IMPORT AND BUSINESS OF TVRO DEVICES

Article 13.

The import and business of TVRO devices shall be permitted in writing by the Ministry of Culture and Information.

Organizations or agencies importing or doing business of TVRO devices shall submit to the Press Department, Ministry of Culture and Information, their documents specifying the devices' name, technical specifications, origins, quantity, categories, model, catalog and the copies of the registration certificates issued by the Ministry of Culture and Information to the organizations or agencies doing business in installing and repairing TVRO devices, the purchase contract of TVRO devices.

Chapter II

INSPECTION, EXAMINATION, COMMENDATION AND DEALING WITH VIOLATIONS

Article 14. Inspection and examination

Inspectors specializing in culture and information shall perform specialized inspection functions as stipulated by laws.

The Press Department of the Ministry of Culture and Information shall be responsible to direct and cooperate with the relevant authorities in examining, annually or without warning, the issuance and use of the License to directly receive foreign television programs from satellites; the provision and distribution of TVRO devices; the installation and repair of TVRO devices.

Article 15. Reporting regime

1. Services of Culture and Information of the provinces or centrally-administered cities shall have responsibility to send one copy of the License to directly receive foreign television programs from satellites issued to organizations and individuals within their localities to the Press Department, Ministry of Culture and Information.

The Service shall make reports, every six months or annually, on the issuance and use of the Licenses to directly receive foreign television programs from satellites within their localities to the Press Department, Ministry of Culture and Information.

2. Representative distributors of TVRO devices in Vietnam shall be responsible to make annual report (on 25 December) on the quantity of provided TVRO devices and the provided entities to the Press Department, Ministry of Culture and Information.

3. Organizations or agencies doing business in installing and repairing TVRO devices shall be responsible to make annual report (on 25 December) on the quantity, list and addresses of the entities to whom the said organizations or agencies have installed or repaired TVRO devices to the Press Department, Ministry of Culture and Information.

Article 16. Commendation

Agencies, organizations and individuals who have good deeds in discovering the violations against the regulations in Decision 79/2002/QD-TTg and in the Regulations shall be commended as stipulated by laws.

Article 17. Dealing with violations

The dealing with violations against the regulations on the installation and exploitation of TVRO devices shall follow the regulations in Decree 31/2001/ND-CP by the Government on administrative punishments in the field of culture and information.

Article 18. Competence to deal with violations

1. The Ministry of Culture and Information shall decide the withdrawal of the licenses to directly receive foreign television programs from satellites, the registration certificate to provide foreign television programs decoding devices in Vietnam, the registration certificate to act as representative distributors of foreign television programs decoding devices, and the registration certificate to organizations or agencies to do business in installing and repairing TVRO devices in case organizations, agencies and individuals break the regulations in Decision 79/2002/QD-TTg and the Regulations.

2. The People's Committees of provinces or centrally-administered cities shall request the Services of Culture and Information of provinces or centrally-administered cities to withdraw the license to directly receive foreign television programs from satellites and deal with all violations against the regulations in Decision 79/2002/QD-TTg and the Regulations within their localities in conformity with their competence specified in Decree 31/2001/ND-CP by the Government on administrative punishments in the field of culture and information.

3. The Services of Culture and Information of the provinces or centrally-administered cities shall be responsible to realize the decisions to deal with the breaches by the Ministry of Culture and Information and the People's Committees of provinces or centrally-administered cities; to withdraw the license to directly receive foreign television programs from satellites in case organizations, agencies and individuals violate the regulations in Decision 79/2002/QD-TTg and the Regulations.

4. The inspectors specializing in culture and information shall have the right to inspect and deal with all violations against the regulations in Decision 79/2002/QD-TTg and the Regulations in conformity with their competence specified in Decree 31/2001/ND-CP by the Government on administrative punishments in the field of culture and information.