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THE
MINISTRY OF INFORMATION AND COMMUNICATIONS
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.07/2011/TT-BTTTT
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Hanoi,
March 01, 2011
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CIRCULAR
REGULATING IN DETAIL AND GUIDING ON ISSUING THE LICENSE FOR
PRESS ACTIVITIES IN THE FIELD OF RADIO AND TELEVISION
Pursuant to the December 28,
1989 Press Law and the June 12,1999 Law on Amending and Supplementing a number
of articles of the Press Law;
Pursuant to the Decree No.51/2002/ND-CP of April 26, 2002 of the Government
regulating in detail the implementation of the Press Law, the Law on amending
and supplementing a number of articles of the Press Law;
Pursuant to the December 25, 2007 Decree No.187/2007/ND-CP of the Government
regulating functions, tasks, powers and organizational structure of the
Ministry of Information and Communications;
The Ministry of Information and Communications regulate in detail and guide
issuing the license for Press activities in the field of radio and television
as follows
Chapter I
GENERAL PROVISIONS
Article 1.
Adjusting scope
This Circular detail and guide
the new granting, re-granting, amending, supplementing of License for Press
activities in the field of radio, television, hereinafter referred to as the
license for radio and television activities
Article 2.
Application subjects
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Article 3.
Term Interpretation
In this Circular, the terms
below are construed as follows:
1. License for radio and
television operation includes: radio operation license; television operation
license; license for production of broadcast radio program channel; license for
production of broadcast television program channel (after referred to as
license for broadcast program channel production); license for special program
production, license for auxiliary program production.
2. License for Radio operation
means license for spoken Press operation that associated with the establishment
of radio and television operation organization, licensed organization’s
guideline regulation, organization purpose of the first broadcast radio program
channel.
3. License for Television
operation means operation license for picture Press operation that associated
with the establishment of radio and television operation organization, licensed
organization’s guideline regulation, organization purpose of the first
broadcast television program channel.
4. License for broadcast radio
program channel Production means license that provides for the production of
broadcast radio program channel from the second time onwards of radio and
television operation organization. Radio program channel includes radio
programs
5. License for broadcast
television program channel Production means license that provides for the
production of broadcast television program channel from the second time onwards
of radio and television operation organization. Television program channel
includes television programs
6. Broadcast radio and
television program channel means radio and television program channels that
primarily broadcasting to all organizations and individuals to free use without
intending to apply technical measures to manage, control or bind conditions for
the recording, watching of the radio and television signals.
Article 4.
Competence of issuing license
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2. The Director of Authority of
Broadcasting and Electronic Information grants license of special program
production under Law and regulations in this Circular.
Article 5.
Validity of license
1. Radio Operation License and
Television Operation License take effect ten (10) years from the signing date.
2. License for broadcast program
channel Production take effect ten (10) years from the signing date without
exceeding the valid period of the radio operation license and TV operation
license of organization licensed.
3. Validity of licenses of
special program production and auxiliary program production are directly
written in the granted license without exceeding the valid period of the
broadcast program channel producing license of licensed organization
4. After ninety (90) days
meanwhile the radio operation license and television operation license, license
of broadcast program channel production take effect; if the licensed
organization does not work under content provided in the license, that license
shall be invalid.
Chapter II
GRANTING OF RADIO
OPERATION LICENSE AND TELEVISION OPERATION LICENSE
Article 6.
Conditions for granting the radio operation license and television operation
license
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1. Conditions of staff:
a. Persons anticipated as a
general manager, a deputy general manager or a director, a deputy director, an
editor in-chief, a deputy editor must meet the following conditions:
Graduating from University or
higher;
Having advanced political theory
level or higher;
Having a certificate of Press
management knowledge granted by of the Ministry of Information and
Communications;
Having a valid journalist’s card
granted by the Ministry of Information and Communications;
No during discipline
implementing from reprimand or more.
b. There are enough anticipated
personnel in order to make leaders of the specialized departments and staff of
reporters and editors granted journalist card which assure for the activities
of program, radio and television program channel production.
c. In case where ethnic minority
language or foreign language is used to reflect the content of radio and
television programs, leaders of radio and television operation organization or
the person shall be responsible for the content of the radio and television
program, under leader’s authority, must be fluent in ethnic minority language
or foreign language; there must be enough staff of reporters, editors who speak
fluently in foreign languages to assure the production of the program, radio
and television program channel.
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3. To be consistent with radio
and television development planning
4. To meet the conditions of
material facilities, finance according to document of application for license
including:
a. Having the stable
headquarters that assure operation of the radio and television operation
organization.
b. There is enough equipment to
assure operation of the radio and television operation organization.
c. There are enough financial
conditions to assure operation aiming as principles, purposes and consistent
with the radio and television development-oriented planning.
5. Be certificated by the
Chairman of People’s Committee of provinces and cities directly under central
government of sufficient condition for press operation in the field of radio
and television and consistent with Press development planning of local towards
the radio and television operation organization in the provinces and cities
directly under Central Government.
6. For organization that uses
electric frequency to broadcast program channels shall comply the provisions of
the law on electric frequency and radio and television broadcasting planning.
Article 7.
Document and procedure for granting the radio operation license and television
operation license
1. Document and procedure of
licensing include:
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In case where the organization
in charge is not the People's Committees of provinces and cities directly under
Central Government must have confirmation of the Chairman of People's
Committees of provinces and cities directly under Central Government as
prescribed in clause 6, Article 12 of the April 26, 2002 Decree No.
51/2002/ND-CP of the Government regulating in detail the implementation of the
Press Law, the Law on amending and supplementing a number of articles of the
Press Law.
b. A certified copy of the
establishment decision of radio and television operation organization
c. The operation schemes of
radio and television operation organization that approved by organization in
charge in which states:
The name, logo, Press operation
purpose of the radio and television operation organization;
The name, symbol, principle,
purpose and language of the broadcast program channel associated with the
establishment of the radio and television operation organization;
Content, time, duration of
broadcasting program each day in one (01) week, the average duration of
broadcasting new program during one (1) day, the outline of program that
schedule broadcasting in one (1) month, audience subject of that program
channel.
The program producing capacity,
including: material facilities, human resources, finance (represented by
estimate cost of operation in (02) years of the radio and television operation
organization and financial resource to satisfy this estimate budget);
Production processes and content
management of broadcast program channel
The technology mode of
distributing broadcast program channel
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d) The curriculum vitae of the
person anticipated as a leadership of the radio and television operation
organization (form no.2)
e) An anticipative list of
leaders, headers of specialized departments; reporters, editors of the radio
and television operation organization (form no.3)
e) Document of the Ministry of
Information and Communications of provinces and cities directly under Central
Government confirm of sufficient conditions of office, material facilities,
personnel as well as other conditions as assigned by the Chairman of People's
Committee of provinces and cities directly under Central Government towards the
radio and television operation organization in the provinces and cities
directly under Central Government
2. Set two (02) original
documents to submit directly or send by post to the Ministry of Information and
Communications (Authority of Broadcasting and Electronic Information)
3. Within thirty (30) working
days from the date of receiving the complete dossier as prescribed, the
Ministry of Information and Communications is responsible for considering
granting the radio and television operation license (Form no 5). If the license
is not granted, the Ministry of Information and Communications shall reply and
specify reasons
Article 8.
Amending and supplementing content of radio and television operation license
When changing the one of the
contents written in granted radio and television operation license, radio and
television operation organization must carry out procedures of application for
amending and supplementing granted license.
1. Document and procedure of
application for amending and supplementing press operation purpose, principle,
purpose of broadcast program channel written in radio and television operation
license include:
a. A certified copy of radio and
television operation license;
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c. Document of the Ministry of
Information and Communications of provinces and cities directly under Central
Government confirm of sufficient conditions of office, material facilities,
personnel as well as other conditions as assigned by the Chairman of People's
Committee of provinces and cities directly under Central Government towards
amending Press operation purpose , principle, purpose of broadcast program
channel towards the radio and television operation organization in the
provinces and cities directly under Central Government.
Set two (2) documents in which
one is original and other is a copy to submit directly or send by post to the
Ministry of Information and Communications (Authority of Broadcasting and
Electronic Information)
Within thirty (30) working days
from the date of receiving the complete document as prescribed, the Ministry of
Information and Communications is responsible for considering licensing
amendment and supplement of radio operation license, television operation
license (Form no 7). If the license is not granted, the Ministry of Information
and Communications will reply and specify reasons
2. Document and procedure of
application for amending and supplementing other contents written in radio and
television operation license include:
a. An application specifying
reasons and amendment contents of radio and television operation organization.
b. A certified copy of radio and
television operation license;
c. A governing agency’s proposal
of amending towards radio and television operation organization of provinces
and cities directly under Central Government or ministries, branches.
Set one (1) original document to
submit directly or send by post to the Ministry of Information and
Communications (Authority of Broadcasting and Electronic Information)
Within thirty (30) working days
from the date of receiving the complete dossiers as prescribed, the Ministry of
Information and Communications is responsible for considering granting
amendment and supplement license of radio’s operation license, television
operation license (Form no 7). If the license is not granted, the Ministry of
Information and Communications will reply and specify reasons
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1. Ninety (90) days before radio
operation license or television operation license expires, to keep operating,
governing organization have to make an application to Ministry of Information
and Communications for re-granting license.
2. Document and procedure of
application for re-granting the radio operation license, television operation
license include:
a. Suggestion document for
license of the governing organization;
b. A certified copy of the radio
operation license, television operation license or the establishment decision
towards the radio and television operation organization has been established before
the effective date of this Circular without yet getting the radio and
television operation license.
c. Application for granting the
radio operation license, television operation license (Form 1);
d. Assessment report of radio
and television operation of radio and television operation organization
Set one (1) original
document to submit directly or send by post to the Ministry of Information and
Communications (Authority of Broadcasting and Electronic Information)
Within thirty (30) working
days from the date of receiving the complete dossiers as prescribed, the
Ministry of Information and Communications is responsible for considering
re-granting radio operation license, television operation license (Form no 1).
If the license is not granted, the Ministry of Information and Communications
will reply and specify reasons
Chapter
III
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Article 10.
Granting the broadcast program channel production license
1. Organization that makes
application for granting broadcast program channel production license must be
organization that have been granted the license for radio operation, television
operation license granted before.
2. Document of application for
granting the broadcast program channel production license includes:
a. Application for licensing of
broadcast program channel production confirmed by governing organization (Form
No. 4).
b. A certified copy of the radio
operation license, television operation license
c. The broadcast program channel
production scheme approved by the governing organization in which states:
The name, symbol, principle,
purpose of broadcast program channel
Content of broadcasting program
channel ; time and duration of broadcasting each day in one (01) week; the
average duration of broadcasting new program during one (1) day. The outline of
program that schedule broadcasting in one (1) month, audience subject.
Production capacity of the
program, including facilities, human resources, finance (represented by
estimate cost of operation in (02) years of the radio and television operation
organization and financial resource to satisfy this estimate budget);
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The technology mode of
distributing broadcast program channel
Socio economic efficiency
In case where the application
for granting production license of many program channels, must be private
project for each specific program channel
d. An anticipative list of
leaders who are in charge of specialized departmental; reporters, editors in
charge of the program channel producing (form no.3)
e. Document of the Ministry of
Information and Communications of provinces and cities directly under Central
Government confirm of sufficient conditions of office, material facilities,
personnel as well as other conditions as assigned by the Chairman of People's
Committee of provinces and cities directly under Central Government towards
production of broadcast program channel of the radio of television operation
organization in the provinces and cities directly under Central Government
Set two (2) original documents
to submit directly or send by post to the Ministry of Information and
Communications (Authority of Broadcasting and Electronic Information.)
Within thirty (30) working days
from the date of receiving the complete dossiers as prescribed, the Ministry of
Information and Communications is responsible for considering granting
production license of broadcast program channel (Form no 6). Production License
of broadcast program channel is granted for each program channel. If the
license is not granted; the Ministry of Information and Communications will
reply and specify reasons
Article 11.
Amending and supplementing content of production license of broadcast program
channel
When changing the one of the
contents written in production license of broadcast program channel granted.
Radio and television operation organization must carry out procedures of
application for licensing amendment and supplement for license granted. .
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2. Document of application for
licensing amendment and supplement of other contents written in production
license of broadcast program channel includes:
a. An application specifying
reasons and amendment contents of radio and television operation organization.
b. A certified copy of radio and
television operation license;
c. Organization in charge’s
Approval Term towards radio and television operation organization of provinces
and cities directly under Central Government or Ministry, Department.
3. in case where the time limit
of production program increased, in addition to the requirements of document
prescribed in Clause 2 of this Article, there must be a scheme specifying the
name, content additional program; an anticipative outline broadcasting in (01)
month, the implementation plan of time limit of the additional program
production.
Set two (2) documents in which
one is original and other is a copy to submit directly or send by post to the
Ministry of Information and Communications (Authority of Broadcasting and
Electronic Information.)
Within thirty (30) working days
from the date of receiving the complete documents as prescribed, the Ministry
of Information and Communications is responsible for considering licensing
amendment and supplement content of production license of broadcast program
channel (Form no 8). If the license is not granted; the Ministry of Information
and Communications will reply and specify reasons
Article 12.
Re-grant the broadcast program channel production license
1. Ninety (90) days before the
production license of broadcast program channel expires, to keep operating,
organization in charge have to make an application to Ministry of Information and
Communications for re-granting license.
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a. Application for license
confirmed by organization in charge (Form no.1);
b. A certified copy of the
broadcast program channel production license or a competent agency’s document
of broadcast program channel production permission.
Set two (2) original documents
to submit directly or send by post to the Ministry of Information and
Communications (Authority of Broadcasting and Electronic Information.)
Within thirty (30) working
days from the date of receiving the complete document as prescribed, the
Ministry of Information and Communications is responsible for considering
re-granting the production license of broadcast program channel. If the license
is not granted, the Ministry of Information and Communications will reply and
specify reasons
Article 13.
Granting the special program production license; auxiliary program production
license
1. Radio and television
operation organization producing special program must carry out procedure of
application for special program production license
Document of application for
special program production license include:
a. Application for special
program production license in which states: the name of program, production
purpose, time limit of the program, the main contents, site of implementation,
anticipative time of broadcasting, the name of associated unit (if available).
b. Organization in charge’s approval
document for special program production of radio and television operation
organization in provinces and cities directly under Central Government or
Ministries, branches.
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Within thirty (10) working days
from the date of receiving the complete document as prescribed, the Authority
of Broadcasting and Electronic Information is responsible for considering
licensing special program production (Form no 9). If the license is not
granted, the Ministry of Information and Communications will reply and specify
reasons
2. Organization that is granted
radio operation license, television operation license, when producing auxiliary
program must carry out procedure of application for licensing amendment and
supplement of broadcast program channel production license for increasing
program.
Document and procedure of
application for license shall be implemented as prescribed in phase 3, article
11 of this Circular
Chapter IV
IMPLEMENTATION
PROVISIONS
Article 14.
Issuing with this Circular the following forms:
1. Form 1: application for a
license of radio / television operation
2. Form 2: Curriculum vitae of
the person anticipated as a leadership of radio / television operation
organization
3. Form 3: A tentative list of
leaders, officials in charge of the professional offices, departments,
reporters, editors of the radio / television operation organization
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5. Form 5: License of radio /
television operation
6. Form 6: License of broadcast
program channel Production.
7. Form No. 7: License of
amending and supplementing of radio / television operation license
8. Form No. 8: License of
amending and supplementing of broadcast program channel production license.
9. Form No. 9: License of
special programs producing.
Article 15.
Implementation Provisions
1. This Circular takes effect
from May 1, 2011.
2. Organization in charge and
organization granted radio and television operation license shall assume
responsibility to comply with the provisions of law on the press and the
provisions written in radio and television operation license.
3. All organizations and
individuals that break the provisions of this Circular, depending on the nature
and serious of their violations, shall be fined for administrative violation,
revoked licenses or examine for penal liability.
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Any problems arising in the
course of implementation radio and television operation organization and
relevant organizations shall inform to the Ministry of Information and
Communications for consideration and adjust the contents of this Circular
THE
MINISTER
Le Doan Hop