Thông tư 36/2016/TT-BTTTT

CIRCULAR

DETAILING THE LICENSING OF AND REPORTING ON AUDIO PRESS AND VISUAL PRESS ACTIVITIES

Pursuant to the April 5, 2016 Press Law;

Pursuant to the Government’s Decree No. 132/2013/ND-CP of October 16, 2013, defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communications;

At the proposal of the Director of the Authority of Broadcasting and Electronic Information,

The Minister of Information and Communications promulgates the Circular detailing the licensing of and reporting on audio press and visual press

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular details the licensing of audio press and visual press activities under Articles 18, 19, 20 and 29 of the Press Law, and the reporting regime applicable to agencies and organizations licensed to carry out audio press and visual press activities.

Article 2. Subjects of application

This Circular applies to press managing agencies under Clause 1, Article 14 of the Press Law (below referred to as managing agencies); agencies and organizations licensed to carry out audio press and visual press activities; and radio, television and radio-television stations (below referred to as radio or television organizations).

Article 3. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Radio activity permit means a press activity permit granted to a radio organization. This permit prescribes the first radio channel of the licensed organization.

2. Television activity permit means a press activity permit granted to a television organization. This permit prescribes the first television channel of the licensed organization.

Article 4. Licensing competence, effect of permits

1. Licensing competence

The Minister of Information and Communications has the competence to grant radio activity permits and television activity permits.

2. Validity of permits

A radio activity permit or television activity permit becomes valid from the date of its signing as prescribed in Article 18 of the Press Law.

Chapter II

LICENSING OF AUDIO PRESS AND VISUAL PRESS ACTIVITIES

Article 5. Dossier and procedures for grant of a radio activity permit or television activity permit

1. An agency or organization applying for radio activity permit or television activity permit shall submit directly or send by post 1 (one) dossier to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information).  A dossier must comprise:

a/ The managing agency’s written request for a radio activity permit or television activity permit;

b/ The managing agency’s declaration of the application for a radio activity permit or television activity permit (made according to Form No. 1 promulgated together with this Circular);

c/ A plan on establishment of the radio or television organization approved by the managing agency (made according to Form No. 2 promulgated together with this Circular);

d/ A tentative list of staff members (made according to Form No. 3 promulgated together with this Circular);

dd/ Lawful papers of the expected head of the radio or television organization, including his/her resume (made according to Form No. 4 promulgated together with this Circular); a certified copy of university or higher degree; and a copy of the valid press card.

2. Within ninety (90) days after receiving a complete and valid dossier, the Ministry of Information and Communications shall consider granting a permit to the applying agency or organization (made according to Form No. 5 promulgated together with this Circular). In case of refusal, the Ministry of Information and Communications shall issue a written reply clearly stating the reason.

3. For a dossier failing to fully meet the prescribed conditions, within the time limit for dossier processing specified in Clause 2 of this Article, the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) shall issue a written notice requesting the applying agency or organization to supplement, give explanations on and complete the dossier.

4. Within 30 (thirty) days from the date stated in the written notice mentioned in Clause 3 of this Article, the applying agency or organization shall submit a supplemented dossier and give explanations to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) as requested.

5. Upon the expiration of the time limit for submission of a supplemented dossier as prescribed in Clause 4 of this Article, if the applying agency or organization fails to submit the dossier, the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) shall stop processing the dossier. After the time limit for submission of a supplemented dossier, dossiers shall be received like new ones.

6. For an agency or organization that applies for both radio activity permit and television activity permit, its managing agency shall make a separate dossier for each specific type of press. For a print press or online press agency that wishes to carry out audio press and visual press activities, its managing agency shall, pursuant to the Press Law, send a dossier of application for a permit in accordance with this Circular.

7. Within the validity duration of the radio activity permit or television activity permit granted to the radio or television organization under the Minister of Information and Communications’ Circular No. 07/2011/TT-BTTTT of March 1, 2011, the radio or television organization shall, from the effective date of this Circular, carry out the procedures for renewal of such permit.

The Ministry of Information and Communications shall renew a radio activity permit or television activity permit after receiving a complete and valid dossier, which must comprise the applicant’s written request for renewal of the radio activity permit or television activity permit; the applicant’s declaration (made according to Form No. 1 promulgated together with this Circular); the managing agency’s written approval, for a radio or television organization of a province, centrally run city, ministry or sector; and a copy of the granted radio activity permit or television activity permit.

Article 6. Dossier and procedures for changing guiding principles and purposes of press activities or guiding principles and purposes of radio channels or television channels stated in radio activity permits or television activity permits

1. An agency or organization that requests the change of guiding principles and purposes of press activities or guiding principles and purposes of a radio channel or television channel stated in the radio activity permit or television activity permit shall submit directly or send by post 1 (one) dossier to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information). A dossier must comprise:

a/ A written request of the managing agency of a radio or television organization of a province, centrally run city, ministry or sector. For the Voice of Vietnam and the Vietnam Television, this written request shall be signed by its head;

b/ The radio or television organization’s declaration of a request for modification and supplementation of a radio activity permit or television activity permit (made according to Form No. 6 promulgated together with this Circular);

c/ A report on compliance with the radio activity permit or television activity permit since the date of grant of the permit (made according to Form No. 7 promulgated together with this Circular);

d/ The radio or television organization’s scheme on implementation of the changes, approved by the managing agency (made according to Form No. 2 promulgated together with this Circular).

2. Within 45 (forty-five) days after receiving a complete and valid dossier, the Ministry of Information and Communications shall consider approving the change for the agency or organization. In case of refusal, the Ministry of Information and Communications shall issue a written reply clearly stating the reason.

3. For a dossier failing to fully meet the prescribed conditions, within the time limit for dossier processing prescribed in Clause 2 of this Article, the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) shall issue a written notice requesting the agency or organization to supplement, give explanations and complete the dossier.

4. Within 30 (thirty) days from the date stated in the written notice mentioned in Clause 3 of this Article, the agency or organization shall submit a supplemented dossier and give explanations to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) as requested.

5. Upon the expiration of the time limit for submitting a supplemented dossier prescribed in Clause 4 of this Article, if the agency or organization fails to submit a supplemented dossier, the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) shall stop processing the dossier. After the time limit for submission of a supplemented dossier, dossiers shall be received like new ones.

Article 7. Dossier and procedures for changing broadcasting time amounts or time amounts of self-produced programs of radio channels or television channels stated in radio activity permits or television activity permits

1. An agency or organization that requests the change of the broadcasting time amount or time amount of a self-produced program of a radio channel or television channel stated in the radio activity permit or television activity permit shall submit directly or send by post 1 (one) dossier to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information). A dossier must comprise:

a/ A written request of the managing agency of a radio or television organization of a province, centrally run city, ministry or sector. For the Voice of Vietnam and the Vietnam Television, this written request shall be signed by its head;

b/ A report on the content to be changed (made according to Form No. 8 promulgated together with this Circular).

2. Within 30 (thirty) days after receiving a complete and valid dossier, the Ministry of Information and Communications shall consider approving the change for the agency or organization. In case of refusal, the Ministry of Information and Communications shall issue a written reply clearly stating the reason.

3. For a dossier failing to fully meet the prescribed conditions, within the time limit for dossier processing prescribed in Clause 2 of this Article, the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) shall issue a written notice requesting the agency or organization to supplement, give explanations and complete the dossier.

4. Within 30 (thirty) days from the date stated in the written notice mentioned in Clause 3 of this Article, the agency or organization shall submit a supplemented dossier and give explanations to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) as requested.

5. Upon the expiration of the time limit for submission of a supplemented dossier prescribed in Clause 4 of this Article, if the agency or organization fails to submit a supplemented dossier, the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) shall stop processing the dossier. After the time limit for submission of a supplemented dossier, dossiers shall be received like new ones.

Article 8. Dossier and procedures for changing names of press managing agencies; names of press agencies; names of radio channels or television channels; broadcasting places; locations of head offices of network operation centers; or modes of transmission and broadcasting stated in radio activity permits or television activity permits

1. An agency or organization that requests the change of the name of a press managing agency; name of a press agency; name of a radio channel or television channel; broadcasting place; location of the head office of the network operation center; or mode of transmission and broadcasting stated in the radio activity permit or television activity permit shall submit directly or send by post 1 (one) dossier to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information). A dossier must comprise:

a/ A written request of the managing agency of a radio or television organization of a province, centrally run city, ministry or sector. For the Voice of Vietnam and the Vietnam Television, this written request shall be signed by its head;

b/ Relevant lawful documents or papers, in case of changing the name of a press managing agency or name of a press agency; broadcasting place; location of the head office of the network operation center; or mode of transmission and broadcasting.

2. Within 30 (thirty) days after receiving a complete and valid dossier, the Ministry of Information and Communications shall consider approving the change for the agency or organization. In case of refusal, the Ministry of Information and Communications shall issue a written reply clearly stating the reason.

3. For a dossier failing to fully meet the prescribed conditions, within the time limit for dossier processing prescribed in Clause 2 of this Article, the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) shall issue a written notice requesting the agency or organization to supplement, give explanations and complete the dossier.

4. Within 30 (thirty) days from the date stated in the written notice mentioned in Clause 3 of this Article, the agency or organization shall submit a supplemented dossier and give explanations to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) as requested.

5. Upon the expiration of the time limit for submission of a supplemented dossier prescribed in Clause 4 of this Article, if the agency or organization fails to submit a supplemented dossier, the Ministry of Information and Communications (the Authority of

Broadcasting and Electronic Information) shall stop processing the dossier. After the time limit for submission of a supplemented dossier, dossiers shall be received like new ones.

Article 9. Dossier and procedures for changing logos of radio channels or television channels and other contents stated in radio activity permits or television activity permits

1. An agency or organization that requests the change of the logo of a radio channel or television channel and other contents stated in the radio activity permit or television activity permit shall submit directly or send by post 1 (one) dossier to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information). A dossier must comprise:

a/ A written request of the managing agency of a radio or television organization of a province, centrally run city, ministry or sector. For the Voice of Vietnam and the Vietnam Television, this written request shall be signed by its head;

b/ In case of changing the logo of a radio channel or television channel, a colored logo of the radio channel or television channel certified by the managing agency is required. For the Voice of Vietnam and the Vietnam Television, this colored logo shall be signed by its head.

2. Within 30 (thirty) days after receiving a complete and valid dossier, the Ministry of Information and Communications shall consider making a written approval. In case of disapproval, the Ministry of Information and Communications shall issue a written reply clearly stating the reason.

3. For a dossier failing to fully meet the prescribed conditions, within the time limit for dossier processing prescribed in Clause 2 of this Article, the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) shall issue a written notice requesting the agency or organization to supplement, give explanations and complete the dossier.

4. Within 30 (thirty) days from the date stated in the written notice mentioned in Clause 3 of this Article, the agency or organization shall submit a supplemented dossier and give explanations to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) as requested.

5. Upon the expiration of the time limit for submission of a supplemented dossier prescribed in Clause 4 of this Article, if the agency or organization fails to submit a supplemented dossier, the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) shall stop processing the dossier. After the time limit for submission of a supplemented, dossiers shall be received like new ones.

Chapter III

REPORTING REGIME AND IMPLEMENTATION PROVISIONS

Article 10. Reporting regime

1. Quarterly and annually, agencies or organizations that are granted radio activity permits or television activity permits shall send reports on their activities to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) (made according to Form No. 9 promulgated together with this Circular). A quarterly report shall be sent within the first 10 (ten) days of the first month of the subsequent quarter; an annual report shall be sent within the first 10 (ten) days of December.

2. In addition to periodical reports, in unexpected cases, agencies and organizations that are granted radio activity permits or television activity permits shall make reports as requested by the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) and competent state management agencies in the localities where their head offices or branches are based.

3. Agencies and organizations shall send written reports as prescribed in Clauses 1 and 2 of this Article to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) together with soft copies to [email protected].

Article 11. Promulgation of forms

To promulgate together with this Circular the following forms:

1. Form No. 1. Declaration of application for a radio activity permit or a television activity permit.

2. Form No. 2. Plan on establishment of a radio or television organization.

3. Form No. 3. Tentative list of staff members of a radio or television organization.

4. Form No. 4. Resume of the expected head of a radio or television organization.

5. Form No. 5. Radio activity permit or television activity permit.

6. Form No. 6. Declaration of a request for modification and supplementation of a radio activity permit or television activity permit.

7. Form No. 7. Report on compliance with a radio activity permit or television activity permit.

8. Form No. 8. Report on change of broadcasting time amounts, time amounts of self- produced programs of radio channels or television channels.

9. Form No. 9. Report on radio or television activities.

Article 12. Effect

1. This Circular takes effect on February 15, 2017, and replaces the Minister of Information and Communications’ Circular No. 07/2011/TT-BTTTT of March 1, 2011, detailing and guiding the grant of press activity permits in the field of radio and television.

2. The Chief of the Office; the Director of the Department of Legal Affairs; the Director of the Department of Planning and Finance; the Director of the Authority of Broadcasting and Electronic Information; and heads of agencies and units under the Ministry of Information and Communications; managing agencies of radio or television organizations; general directors or directors of licensed radio or television organizations; radio or television service providers; and related organizations and individuals shall implement this Circular.

The forms promulgated together with this Circular are not translated.-