Laws of Vietnam

JOINT CIRCULAR No. 6/1997/TTLT OF NOVEMBER 28, 1997 GUIDING THE PERFORMANCE OF STATE MANAGEMENT OVER RADIO AND TELEVISION STATIONS

- Pursuant to the Law on the Press adopted by the National Assembly on December 28, 1989 and Decree No. 133-HDBT of April 20, 1992 of the Council of Ministers detailing the implementation of the Law on the Press;

- Pursuant to Decree No. 109/1997/ND-CP of November 12, 1887 of the Government on Post and Telecommunications;

- Pursuant to Decree No. 81-CP of November 8, 1993 of the Government on the functions, tasks, powers and organizational structure of the Ministry of Culture and Information;

- Pursuant to Decree No. 12-CP of March 11, 1996 of the Government defining the functions, tasks, powers and organizational structure of the General Department of Post and Telecommunications,

The Ministry of Culture and Information and the General Department of Post and Telecommunications jointly provide the following guidance on the performance of State management over radio and television stations

I. GENERAL PROVISIONS:

1. Management agencies:- The Ministry of Culture and Information is the agency performing the State management over press activities.- The General Department of Post and Telecommunications is the agency performing the State management over frequencies and transmitters.2. Subjects of management:a/ Subjects which are press agencies:- The Voice of Vietnam Radio Station, the Vietnam Television Station, and the wireless relay and transmission stations and centers re-broadcasting the programs under the management of the two national stations.

- The radio and television stations of the provinces and cities directly under the Central Government.

- The centers (stations) re-broadcasting foreign television programs through the multi-media distribution system, S-MMDS television.

b/ Subjects which are not categorized as press agencies but engage in press activities:

- District and commune radio and television stations.

- Radio and television stations of production and business units.

II. CONDITIONS FOR RADIO AND TELEVISION ACTIVITIES

Only radio and television stations that have all the following permits shall be allowed to operate:

1. For the subjects which are press agencies, they must have:

- A permit for press activities granted by the Ministry of Culture and Information.

- A permit for use of frequencies and transmitters issued by the General Department of Post and Telecommunications.

2. For the subjects which are not categorized as press agencies, they must have:

- The establishment decision of the managing agency.

- A permit for use of frequencies and transmitters granted by the General Department of Post and Telecommunications.

III. THE GRANTING OF PERMITS FOR RADIO AND TELEVISION ACTIVITIES

1. Granting of permits for press activities:

The Ministry of Culture and Information shall provide guidance for the subjects which are press agencies to fill the procedure for registering their activities in accordance with the Law on the Press.

The registration dossier to be sent to the Ministry of Culture and Information (the Press Department) includes:

- The application for a permit for radio or television activities.

- A list of the key personnel of the station.

- The curriculum vitea of the leading official of the station (the general director, the director or the editor-in-chief)

- The opinion of the Voice of Vietnam Station or the Vietnam Television Station regarding the station's registration of radio or television activities

- The stations that re-broadcast the programs of the Voice of Vietnam Station or the Vietnam Television Station under the broadcasting coverage overall plan of the national station shall not have to apply for a permit for press activities.

2. Granting of permits for use of frequencies and transmitters.

The General Department of Post and Telecommunications shall provide guidance for the radio and television stations which are operating or newly established (which are press agencies or not yet categorized as press agencies but engaged in press activities at the central and local levels) to fill the procedures applying for permits for use of frequencies and transmitters.

The dossier of application for a permit to use frequencies and transmitters to be sent to the General Department of Post and Telecommunications (the Department of Radio Frequencies) includes:

- The official dispatch asking for permission to use frequencies and transmitters.

- The declaration of equipment and facilities (according to the form of the General Department of Post and Telecommunications).

- A list and brief personal records of the operators or the responsible personnel approved by the provincial/municipal police.

- The permit for press activities issued by the Ministry of Culture and Information (if the applicant is a press agency).

- The direct superior agency's decision on the establishment of the station.

On the basis of the dossier and prescribed technical criteria, the General Department of Post and Telecommunications shall grant permits for the use of frequencies and transmitters to newly established or operating radio and television stations.

A permit for the use of frequencies and transmitters shall clearly state: the frequency or frequency channel to be used, identification of the frequency, acity, broadcasting schedule, technical parameters, equipment...

The General Department of Post and Telecommunications (the Department of Radio Frequencies) shall collect wireless frequency fees from organizations and individuals inside and outside the country that use frequencies and transmitters of radio and television stations. The rate and the collection of fees shall comply with Decision No. 158-CT of May 18, 1991 of the Chairman of the Council of Ministers (now the Government) and Circular No. 62-TC-TCDN of July 31, 1995 of the Ministry of Finance.

3. Time limit for granting permits

After receiving the full dossiers, within 30 days the Ministry of Culture and Information and the General Department of Post and Telecommunications shall grant permits for press activities and permits for the use of frequencies and transmitters. In cases where a permit is not granted or has not been granted, there must be a written reply clearly stating the reason therefor.

IV. REGULATIONS ON THE OBSERVANCE OF THE PROVISIONS OF FOR RADIO AND TELEVISION ACTIVITIES PERMITS

-The radio and television stations and centers shall comply with the provisions of the Ministry of Culture and Information's permits for press activities and the General Department of Post and Telecommunications' permits for the use of frequencies and transmitters.

- For any change or addition to one of the provisions in a permit, the procedures for applying for a new permit must be filled.

- Any radio station that needs to broadcast a new, supplementary or special program, to increase or reduce the broadcasting time shall have to fill the procedures applying for permission from the Ministry of Culture and Information.

- Any station or center that needs to transfer or liquidate equipment, change its frequency, acity, broadcasting schedule, location of the station or center, broadcasting coverage area,... shall have to fill the procedures applying for a new permit from the General Department of Post and Telecommunications.

V. INSPECTION, HANDLING OF VIOLATIONS AND COMPLAINTS

- Annually, the Ministry of Culture and Information, the General Department of Post and Telecommunications shall conduct periodical or sudden inspections of the operations of the radio and television stations nationwide regarding the policies, purposes, broadcasting schedule and contents; regarding the compliance with the regulations on the use of frequencies and transmitters according to the functions defined in Part II and Part IV of this Circular.

- The managing agencies, the heads of the radio and television stations shall have to create conditions for field inspection at the stations and centers; supply records and materials on the activities of the stations and centers, including the program contents and broadcasting techniques.

- In the course of inspection, if any violations of the broadcasting policy, purpose or contents, of the regulations on wireless information are detected, the inspection team shall make a report and handle such violations according to current regulations.

- The radio and television stations that meet any difficulty or problem in their activities should make a written complaint or notice to the State agencies managing press and frequencies for resolution according to their competence stipulated by the Government.

IV. ORGANIZATION OF IMPLEMENTATION

This Circular takes effect 15 days after its signing. The earlier provisions which are contrary to this Circular are now annulled.

The directors of the Department of Press (the Ministry of Culture and Information), the Department of Post and Telecommunications Policy, the Department of Radio Frequencies, the Regional Departments of Post (the General Department of Post and Telecommunications), the provincial/municipal Departments of Culture and Information shall have to guide and supervise the implementation of this Circular.

In the course of implementation of this Circular, any problem or proposal on amendment or supplement thereto shall be reported in writing to the General Department of Post and Telecommunications and the Ministry of Culture and Information for joint consideration and settlement.

The Director of the General Department of Post and Telecommunications

MAI LIEM TRUC