Nghị định 71/2022/NĐ-CP

DECREE

AMENDMENTS TO SOME ARTICLES OF GOVERNMENT’S DECREE NO. 06/2016/ND-CP DATED JANUARY 18, 2016 ON MANAGEMENT, PROVISION AND USE OF RADIO AND TELEVISION SERVICES;

Pursuant to the Law on Government Organization of Vietnam dated June 19, 2015; the Law on amendments to some articles of the Law on Government Organization of Vietnam and Law on Local Government Organization of Vietnam dated November 22, 2019;

Pursuant to the Press Law dated April 05, 2016;

Pursuant to the Law on Cinematography of Vietnam dated June 15, 2022;

At the request of the Minister of Information and Communications;

The Government issues a Decree on amendments to some Articles of Government’s Decree No. 06/2016/ND-CP dated January 18, 2016 on management, provision and use of radio and television services;

Article 1. Amendments to some Articles of Government’s Decree No. 06/2016/ND-CP dated January 18, 2016 on management, provision and use of radio and television services

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a) Clause 1 Article 3 shall be amended as follows:

“1. Radio and television service means a service that provides domestic channels, foreign channels, on-demand radio and television contents, contents of value-added services added to broadcasting infrastructures to users in an intact manner. Radio and television services may be directly provided to users without storage devices, slow motion switch machines (for online radio and television services) or upon particular requests of subscribers (on-demand radio and television services).

b) Clause 2 Article 3 shall be amended as follows:

“2. Value-added service means a service that provides contents in order to enhance radio and television service utilities in association with channels and on-demand radio and television contents.”

c) Clause 7 Article 3 shall be amended as follows:

“7. Content provider means a press agency that has been licensed to operate radio and television in Vietnam, an organization or individual that holds the copyright or signs an agreement on legal use of copyright on contents provided to radio and television services provider.”

d) Clause 8 Article 3 shall be amended as follows:

“8. Radio and television services provider (hereinafter referred to as “service provider”) means an enterprise that is established under Vietnamese Laws and eligible for provision of such services. The service provider directly provides radio and television contents to users.

dd) Clause 11 Article 3 shall be amended as follows:

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e) Clause 16 Article 3 shall be added as follows:

“16. Domestic program means a radio or television program in accordance with regulations of the Press Law; visual or audio program produced by Vietnamese organization, (including live program according to the time of event).”

g) Clause 17 Article 3 shall be added as follows:

“17. Foreign program means a radio or television program that falls into foreign radio and television channel; visual or audio program produced by foreign organization, (including live program according to the time of the event.”)

h) Clause 18 Article 3 shall be added as follows:

“18. On-demand radio and television contents include movies, domestic and foreign programs.

i) Clause 19 Article 3 shall be added as follows:

“19. Radio and television service charge is the amount that a subscriber must pay to the service provider to use services by day or week or month or year or according to each content under agreements of the contract.”

2. Point dd Clause 1 Article 4 shall be amended as follows:

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3. Article 5 shall be amended as follows:

a) Clause 1 Article 5 shall be amended as follows:

“1. Develop broadcasting services in the whole of country with modern technology for people to facilitate access to domestic programs, channels; deploy satellite television coverage in form of broadcasting in disadvantaged areas without terrestrial television for people in order to receive and watch channels in service of political tasks and dissemination of essential information of the country and local areas.

b) Clause 4 Article 5 shall be amended as follows:

“4. Manage provision of information contents on radio and television services according to regulations of the law on press; control broadcasting infrastructure according to regulations of the law on telecommunications;

Manage provision and use of radio and television services in Vietnam, including radio and television services on the Internet that have been provided across borders to users in the Vietnamese territory according to regulations of this Decree and relevant laws.”

c) Clause 5 Article 5 shall be amended as follows:

“5. Inspect and evaluate effectiveness of information contents, the quality of radio and television services by application of digital technology, making of legal deposit, audience measurement, sociological investigation and technical testing”.

d) Clause 7 Article 5 shall be added as follows:

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

a) Point c Clause 2 Article 12 shall be amended as follows:

“c) A plan for provision of dubbing services: types, scope of provision of services, techniques for provision online radio and television services and on-demand radio and television services (if any); mode of payment, predictions of rights and obligations of parties to the contract on provision and application of services and other contents specified in points b, d, dd, e, g and h, Clause 1 hereof;

With regard to services specified at Point dd, Clause 1, Article 4 of this Decree, in case the above services do not provide channels, but provide on-demand radio and television contents, make declaration according to the form prescribed by the Ministry of Information and Communications, including contents: technical conditions and scope of provision of services; mode of payment; the process of handling of complaint; predictions of rights and obligations of parties, prediction of contents provided on services; domain name “.vn” or defined URL and Internet application that provides services;”

b) Point e Clause 2 Article 12 shall be amended as follows:

“e) A certified true copy or copy enclosed with its original for the purpose of comparison of agreement on location of receipt of signals of channels that serve political tasks and dissemination of essential information, except for case that the television and radio services on the Internet does not provide channels.

5. Article 13 shall be amended as follows:

a) Point b Clause 1 Article 13 shall be amended as follows:

“b) Domestic channels that may be provided in broadcasting services.”

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“2. The location of receipt of signals of channels that serve political tasks and dissemination of essential information shall be conducted according to agreement between the press agency that has been licensed to operate radio and television and services provider.  The press agency shall decide the location of receipt of signals from the Network Operation Center of the press agency or the most favorable location that is conformable with provisions of laws in order to ensure the quality of signals and save transmission costs of service provider.

6. Article 14 shall be amended as follows:

a) Clause 1 Article 14 shall be amended as follows:

“1. Basic service package means a package of services that the service provider which has been paid service charges must provide to subscribers. The basic service package must be stated in the contract for provision of services, including: channels that serve political tasks, essential information, in which the domestic channels, foreign channels may be included. To be specific:

a)  The channels that serve political tasks, essential information of Vietnam shall be provided to all subscribers;

b) The channels that serve political tasks, essential information of the local area shall be provided to all subscribers in the local area where the service provider is located according to administrative area, except for case that the service provider uses transmission and broadcasting technology that is not capable of inserting or replacing channels;

c) The location of receipt of signals of channels that serve political tasks and dissemination of essential information shall be conducted according to agreement between the press agency that has been licensed to operate radio and television and services provider.  The press agency shall decide the location of receipt of signals from the Network Operation Center of the press agency or the most favorable location that is conformable with provisions of laws in order to ensure the quality of signals and save transmission costs of service provider.

d) Other foreign and domestic channels and channels decided by the service provider.”

b) Clause 3 Article 14 shall be amended as follows:

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c) Clause 4 Article 14 shall be amended as follows:

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

d) Clause 5 Article 14 shall be added as follows:

“5. In case of provision of on-demand radio and television services on the Internet, it is not necessary to provide channels that serve political tasks and essential information of the country and local areas to subscribers.

7. Article 16 shall be amended as follows:

a) Clause 3 Article 16 shall be amended as follows:

“3. Carry out joint activities of production of programs, channels in the sectors specified at Point d, Clause 2, Article 37 of the Press Law, except for radio and television channels for news; programs for politics, national defense, security, social order and safety.”

b) Points c, d Clause 5, Article 16 shall be added as follows:

“c) Control and take charge of contents to ensure that the joint channels have been edited, classified before broadcast or provided to other digital media platforms;

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8. Clause 6 Article 17 shall be amended as follows:

“6. Add-on advertisements shall not be included.  Advertisements (if any) must be produced in Vietnam. The press agency that has been granted the editorial license is the presiding unit that produces advertisement, takes responsibility for the duration and contents of advertisement in order to ensure compliance with the law on advertisement as for pay television."

9. Point c Clause 6 Article 18 shall be amended as follows:

"c) Legal and valid documents or a certificate of ownership of the channel in conformity with the law of the country where the foreign broadcaster that owns such channel operates enclosed with a certified true copy of Vietnamese versions with signature of the translator (if the documents are made in foreign languages);

10. Article 19 shall be amended as follows:

a) Clause 1 Article 19 shall be amended as follows:

“1. The edit of foreign channels shall ensure the following contents:

a) The edit and management of contents must comply with Vietnamese laws on press, cinematography, advertisement and other relevant laws;

b) The edit and issuance of warnings about contents must comply with Vietnamese laws on children, cinematography and other relevant laws;

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“2. The translation of contents of foreign channels shall respect and preserve the purity of Vietnamese language.”

11. Article 20a shall be added as follows:

 “Article 20a. Edit, classification and translation of contents of radio and television channels upon request

1. Edit, classification and translation of contents of radio and television channels upon request

a) The news, programs for politics, national defense, security, economy and society must be produced and edited by the press agency that has been licensed to operate radio and television before the news and programs have been provided on services;

b) With regard to films: Before provision on services, the service provider must ensure conditions for film rating according to the Government's regulations and take responsibility to the law for contents and film rating results according to criteria for rating prescribed by the Ministry of Culture, Sports and Tourism. In case the service provider has not yet satisfied conditions for film rating, it is required to request the Ministry of Culture, Sports and Tourism or an agency authorized by the Ministry of Culture, Sports and Tourism to rate the films that have not been granted a Film Rating License or a Broadcast Decision;

c) The sports and entertainment programs must be edited and classified before provision on services. The warnings must be displayed throughout the process of provision of services in order to ensure that the programs do not commit violations against regulations of the law.  According to the principles of edit, classification and warnings about contents in accordance with regulations of the Ministry of Information and Communications and relevant laws, the service providers shall carry out edit and classification.

2. Translation of contents of radio and television channels upon request:

The translation of foreign films and programs must respect, preserve the purity of the Vietnamese language and comply with regulations of Vietnamese law. The translated contents for each type of program (if any) shall be edited and classified as prescribed in Clause 1 of this Article.

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12. Article 21 shall be amended as follows:

a) Clause 1 Article 21 shall be amended as follows:

“1. With regard to broadcasting services

The broadcasting service providers shall actively select the list of domestic channels in accordance with regulations of Article 13 of this Decree to provide on services and not carry out procedures for registration of the list of channels; notify the list of channels according to forms prescribed by the Ministry of Information and Communications for professional report and inspection of competent authorities.

b) Clause 3 Article 21 shall be amended as follows:

“a) Ensure conditions for copyright specified in Clause 3 Article 22 of this Decree;

b) Carry out edit and classification before provision on services according to regulations of Clause 1, Article 20a of this Decree;

c) The contents of advertisement (if any) that have been edited by the service provider shall comply with the Vietnamese law on advertisement and other relevant laws;

d) With regard to on-demand radio and television contents, value-added service contents and advertising contents: A dossier must be made according to form prescribed by the Ministry of Information and Communications for professional report and inspection of the competent authority.”

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a) Clause 1 Article 22 shall be amended as follows:

“1. The channels that serve political tasks and essential information according to regulations of the law shall be entitled to be completely transmitted and broadcasted on radio and television services in Vietnam via the agreement on location of receipt of signals between the press agency that has been licensed to operate radio and television and services provider .

b) Clause 3 Article 22 shall be added as follows:

“3. On-demand radio and television contents and value-added service contents shall satisfy the following requirements for copyright:

a) Have a document that proves the legal copyright as prescribed by law;

b) Ensure the integrity of programs and films that have been broadcasted on the channel including the name, logo of the channel;

c) Comply with contract or written agreement on copyright; ensure the integrity of contents of program after the contents have been edited and classified according to regulations of Clause 1, Article 20a of this Decree.”

14. Article 26 shall be amended as follows:

a) Clause 1 Article 26 shall be amended as follows:

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b) Clause 3 Article 26 shall be amended as follows:

“3. The units that have been licensed to operate radio and television, produce channels and edit foreign channels, have certificate of registration of provision of foreign channels on radio and television services that have been paid shall be responsible for the following contents:

a) Periodically or ad hoc report on production, joint production of programs and channels; edit and translation of contents provided on radio and television services; provision of foreign channels on radio and television services that have been paid according to regulations of the Ministry of Information and Communications;

b) Accuracy of contents and data of the report at the request of the competent authority."

15. Clause 7 Article 29 shall be added as follows:

“7. With regard to foreign channels that have been directly provided via satellite and transmitted via the Internet: The service provider which have been licensed to provide the paid radio and television services may set up a signal reception system via Internet transmission in order to provide for the subjects specified in Clauses 2 and 3, Point b, Clause 4, Article 29 of this Decree and carry out procedures for registration with the Department of Information and Communications as for procedures for direct receipt of signals from the satellite specified in Article 30 of this Decree.”

Article 2. Amendments to regulations on time for processing and receipt of application for issuance of licenses and certificates

1. Replace the phrase “30 ngày làm việc (30 working days)” with “24 ngày làm việc (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 ngày làm việc (20 working days)" with "16 ngày làm việc (6 working days)" at Point b, Clause 6, Article 12, Point dd Clause 5 Article 15, Point g Clause 7 Article 18, Point d Clause 6 Article 20; replace the phrase "15 ngày làm việc (15 working days)" with "12 ngày làm việc (12 working days)" at Point d Clause 5 Article 12 and Point dd Clause 2 Article 30; replace the phrase “10 ngày làm việc (10 working days)” with “8 ngày làm việc (8 working days)” at Point c, Clause 7, Article 12 and Point c, Clause 3 Article 30; replace the phrase "Quy hoạch phát triển và quản lý báo chí toàn quốc (Planning on the nationwide development and management of the press)" with "Chiến lược, kế hoạch và chính sách của Nhà nước về phát triển và quản lý báo chí toàn quốc" (state strategies, plans and policies on nationwide development and management of the press)" at Clause 1, Article 20 of this Decree.

2. The application specified at Point a, Clause 3 and Point c, Clause 5, Article 12; Point a Clause 3, Point d Clause 5 and Point dd Clause 6 Article 15; Point g Clause 6 and Point e Clause 7 Article 18; Point dd Clause 3, Point d Clause 6 and Point dd Clause 7 Article 20; Point d, Clause 5, Article 21 of this Decree shall be made in one set of originals and submitted in person or by post to the Ministry of Information and Communications (Authority of Broadcasting and Electronic Information) or on online public service provision portal of the Ministry of Information and Communications (for electronic authentication).

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1. This Decree comes into force from January 01, 2023.

2. Annul Point b, Clause 2 Article 12; Point d Clause 6 Article 18; Point b Clause 2 Article 30 on enterprise registration certificate and investment certificate.

Article 4. Responsibility of implementation

1. The Minister of Information and Communications shall be responsible for guiding and inspecting the implementation of this Decree.

2. The Ministers, the Heads of the ministerial-level agencies, the Heads of the Governmental agencies, the Presidents of the People's Committees of provinces and relevant organizations and individuals shall be responsible for the implementation of this Decree.

ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER




Vu Duc Dam