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THE
MINISTRY OF FOREIGN AFFAIR - THE GENERAL DEPARTMENT OF POST AND
TELECOMMUNICATIONS
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
01/2001/TTLT/BNG-TCBD
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Hanoi, September 26, 2001
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JOINT CIRCULAR
GUIDING THE
BROADCASTING OF IMAGES ABROAD BY FOREIGN CORRESPONDENTS IN VIETNAM THROUGH THE PUBLIC TELECOMMUNICATIONS NETWORK
Pursuant to Decree No. 67/CP of October 31,
1996 of the Government issuing the Regulation on information and press
activities of foreign correspondents, agencies and organizations in Vietnam;
Pursuant to Decree No. 109/1997/ND-CP of November 12, 1997 of the Government
on post and telecommunications;
The Ministry for Foreign Affairs and the General Department of Post and
Telecommunications provide the following guidance on the broadcasting of images
abroad by foreign correspondents in their professional press activities in
Vietnam:
I. GENERAL PROVISIONS
1. This Circular guides the broadcasting abroad
of images by foreign correspondents in their professional press activities in Vietnam through the public telecommunications network.
2. The Ministry for Foreign Affairs performs the
function of State management over professional press activities of foreign
correspondents in the whole country.
3. The General Department of Post and
Telecommunications performs the function of State management over the
activities of supplying and using the service of broadcasting images abroad in
the whole country.
4. Organizations and individuals are not allowed
to misuse the broadcasting of images abroad to oppose the State of the
Socialist Republic of Vietnam, sow national hatred, incite violence and
undermine the fine traditions and customs of the Vietnamese nation.
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6. The following terms in this Circular shall be
construed as follows:
a/ Foreign correspondents are professional
journalists who are working as correspondents of foreign press agencies or
free-lance journalists conducting professional press activities in Vietnam.
b/ Professional press activities of foreign
correspondents in Vietnam are activities in making topical films, taking press
photographs, conducting interviews, making video tapes, visiting localities and
establishments.
c/ The agency managing foreign correspondents on
the Vietnamese territory is the Information and Press Department of the
Ministry for Foreign Affairs authorized by the Ministry for Foreign Affairs to
perform the function of managing and issuing permits to the professional press
activities of foreign correspondents, hereunder called the correspondent
managing agency for short.
d/ The agency guiding the professional press
activities of foreign correspondents on the Vietnamese territory is the
specialized agency authorized by the Ministry for Foreign Affairs to guide
foreign correspondents in their professional press activities in Vietnam,
hereunder called the correspondent guiding agency for short.
e/ The enterprises providing the service of
broadcasting images abroad are those obtaining permission from the General
Department of Post and Telecommunications to provide the service of broadcasting
images abroad, hereunder called enterprises for short.
f/ Transaction office is the place designated by
an enterprise to conduct transactions and sign contracts on providing the
service of broadcasting images abroad between the foreign correspondent and the
enterprise.
g/ Broadcasting place is the place where
enterprises install their telecommunications equipment to broadcast images
abroad under contracts signed with foreign correspondents, hereunder called
broadcasting place for short.
II. SPECIFIC PROVISIONS
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In case of refusal to grant permit, the correspondent
managing agency shall reply in writing to the correspondent, justifying the
reason for refusal within two working days after receiving the permit
application.
2. In cases where a foreign correspondent wants
to amend, supplement or extend the permit, he/she shall have to send an
application stating the reason therefor and a copy of the effective permit to
the correspondent managing agency. The correspondent managing agency shall
consider the granting of permit within two working days after receiving the
permit application.
In cases where it refuses to grant the permit,
the correspondent managing agency shall reply in writing to the foreign
correspondent, justifying the reason for the refusal within two working days
after receiving the valid dossier.
3. The broadcasting of images abroad shall be
conducted under the contract signed between the foreign correspondent and the
enterprise. When signing the contract and registering the broadcasting time
schedule with the enterprise at the transaction office, the foreign
correspondent has to carry along his/her personal passport or the foreign
correspondent card issued by the Ministry for Foreign Affairs and the permit to
broadcast images abroad issued by the correspondent managing agency.
4. When the broadcasting of images abroad is
conducted at broadcasting places in Hanoi and Ho Chi Minh City, the foreign
correspondent or the person entrusted by him/her must be present as prescribed
by Vietnamese law.
If the broadcasting is conducted in places other
than Hanoi and Ho Chi Minh City, the foreign correspondent or the person
entrusted by him/her must be present as required by Vietnamese law together
with the representative of one of the following units: the correspondent
managing agency, the correspondent guiding agency or the local foreign affairs
agency.
5. Responsibilities of the correspondent
managing agency and the correspondent guiding agency:
a/ The correspondent managing agency is the
principal agency responsible for managing, organizing and coordinating with the
related ministries and branches in ensuring that the news and images broadcast
abroad at the broadcasting places conform with the prescriptions stated in the
permit.
b/ The correspondent guiding agency shall have
to directly manage and guide the foreign correspondent to conduct the
broadcasting of images abroad after permission has been granted by the
correspondent managing agency.
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6. Responsibilities of enterprises:
a/ To receive and settle the requests of the
foreign correspondents, to conduct procedures with the related international
telecommunications organizations, to stand as representatives to settle all
costs and charges with the concerned parties.
b/ To inform the correspondent managing agency
of the addresses of the transaction offices for the signing of the contracts on
broadcasting images abroad.
c/ To ensure the quality of the system of
transmission for the provision of services according to the signed contract,
except when it has to discontinue the provision of services for plausible
objective reasons.
d/ To report to the correspondent managing
agency the activities in the broadcasting abroad by foreign correspondents at
request of the General Department of Post and Telecommunications.
e/ To coordinate with other units of the Ministry
for Foreign Affairs, units of the General Department of Post and
Telecommunications and the competent State management agencies in handling
violations of provisions of this Circular.
7. Responsibilities of foreign correspondents:
a/ To fill the procedures with the State
management agencies in the broadcasting of images abroad as prescribed in this
Circular.
b/ To ensure that the broadcasting of images
abroad conform to the contents and subjects stated in the permit and take
responsibility for the contents of the news and images broadcast through the
public telecommunications network.
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III. INSPECTION AND HANDLING OF VIOLATIONS
AND COMPLAINTS
1. The broadcasting of images abroad in Vietnam is subject to inspection by the competent State management agency.
2. All acts of violation of the provisions of
this Circular shall be handled according to the current provisions of
Vietnamese law.
3. The enterprises and foreign correspondents
are entitled to lodge their complaints to the Ministry for Foreign Affairs and
the General Department of Post and Telecommunications with regard to questions
related to the State managing competence in the broadcasting of images abroad.
IV. ORGANIZATION OF IMPLEMENTATION
1. This Circular takes effect 15 days after its
signing. All earlier guiding documents which are contrary to this Circular are
hereby annulled.
2. In the course of implementing this Circular,
if any difficulties arise they should be promptly reported to the Ministry for
Foreign Affairs and the General Department of Post and Telecommunications for
settlement.
GENERAL DIRECTOR OF POST AND
TELECOMMUNICATIONS
Mai Liem Truc
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