THE MINISTRY OF CULTURE AND
INFORMATION
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SOCIALIST
REPUBLIC OF VIET
NAM
Independence
- Freedom - Happiness
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No. 55/1999/QD-BVHTT
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Hanoi,
August 5, 1999
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DECISION
BY THE MINISTER OF CULTURE AND INFORMATION
Issuance of Regulations on production, export,
import, circulation and business of audio and video tapes and discs on music
and stage performances
Pursuant to Decree 81/CP on 8 November 1993 by the Government defining the
functions, tasks, rights and organization of the Ministry of Culture and
Information;
To strengthen the efficiency of the State management in production, export,
import, circulation and business of audio and video tapes and discs on music
and stage performances;
On proposal of the Head of the Legal Department;
Article 1. To issue attached to
this Decision the "Regulations on production, export, import, circulation
and business of audio and video tapes and discs on music and stage
performances."
Article 2. The Regulations
issued attached to this Decision shall come into effect within 15 days after
the signing date.
The temporary regulations on the management of music
activities issued attached to Decision 1709/VH-QD on 11 October 1989 by the
Minister of Culture, Document 2137/CV-VP on 27 July 1994 by the Ministry of
Culture and Information and other previous regulations of the Ministry of
Culture and Information contrary to the Regulations issued attached to this
Decision shall be no longer valid after the day the said Regulations issued
attached to this Decision come into effect.
Article 3. The Head of the
Ministerial Office, the Chief Inspector, the Heads of the Bureau of Performance
Art, the Cinema Bureau, the Bureau of Publication, directors of the Services of
Culture and Information and the heads of all relevant units administered by the
Ministry of Culture and Information shall be responsible to implement the said
Regulations issued attached to this Decision.
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MINISTER OF CULTURE AND
INFORMATION
Nguyen Khoa Diem
REGULATIONS
ON LICENSING, INSPECTING, EXAMINING AND DEALING WITH
VIOLATIONS IN THE RECEIPT OF FOREIGN TELEVISION PROGRAMS
(issued attached to Decision 18/2002/QD-BVHTT on 29 July 2002 by the
Minister of Culture and Information)
Chapter I
PROCEDURES OF LICENSE
ISSUANCE
Section A:
PROCEDURES TO ISSUE LICENSES TO DIRECTLY RECEIVE FOREIGN
TELEVISION PROGRAMS FROM SATELLITES
Article 1.
Application files
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1. The entities specified in
Points (a), (c), (d) and (e) Clause 1 and Points (a) and (b) Clause 2 Article 1
of the Decision shall submit their application files for a license to directly
receive foreign television programs from satellites to the Press Department,
Ministry of Culture and Information.
The files shall consist of:
- Application (Form 1)
- Written confirmation of the
location to install the direct foreign television programs receiving devices
from satellite (notarized copies of the Decision on the establishment of
offices or organizations; certificate of house ownership; house renting
contract, etc.)
- Copy of the Decision of
Appointment or written proposals from the leaders of the parent authorities to
the entities specified in Points (a) and (c) Clause 1;
- Written confirmation and
proposals by the Ministry of Foreign Affairs of the Socialist Republic of
Vietnam to the entities specified in Points (a) and (b) Clause 2.
2. The entities specified in
Points (b) and (d) Clause 1 and Points (c) and (d) Clause 2 Article 1 of the
Decision shall submit their application files for the license to directly
receive foreign television programs from satellites to the Services of Culture
and Information of the provinces or centrally-administered cities where the
devices to directly receive foreign television programs from satellites shall
be installed.
The files shall consist of:
- Application (Form 1)
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- Written proposals from the
leaders of the parent authorities to the entities specified in Point (d) Clause
1;
- Notarized copy of the
Investment License or Operation License to the entities specified in Point (c)
Clause 2;
- Written confirmation of the
reason for permanent residence in Vietnam by the competent authorities to
foreign residents in Vietnam specified in Point (d) Clause 2;
- Notarized copy of the Decision
to classify one-star or above by the competent authorities to foreign residents
in Vietnam specified in Point (d) Clause 2;
- Notarized copy of the Decision
to classify one-star or above by the relevant State tourist authorities and
notarized copy of the Files to establish tourist residences to the tourist
residences receiving foreigners as specified in Point (d) Clause 2.
Article 2.
Licensing
Within 15 days after receiving the
files in order, the Ministry of Culture and Information or the Services of
Culture and Information of the provinces or centrally-administered cities shall
have responsibility to issue the License on directly receiving foreign
television programs from satellites. In case of refusal, the Ministry of
Culture and Information or the Services of Culture and Information must give
clear explanation. Organizations or individuals who are refused a license shall
have the right to complain as stipulated by laws.
The License on directly
receiving foreign television programs from satellites shall follow the form
provided by the Ministry of Culture and Information (Form 2).
Article 3.
License's validity
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2. All entities who are allowed
to directly receive foreign television programs from satellites shall strictly
execute their licenses.
3. To change or supplement one
of the regulations in the licenses, it is necessary to ask for permission in
writing from the licensers.
4. The licenses shall be valid
for 5 years maximum after the license day.
The validity is clearly noted in
the licenses.
For the entities who are allowed
to directly receive foreign television programs from satellites, if their
operation or residence duration in Vietnam is below 5 years, the license
validity shall be based on their operation or residence duration (Operation
License, Residence License, House Renting Contract, etc.)
In case of the license's expiry,
to continue directly receiving foreign television programs from satellites, the
application procedures shall be repeated.
5. In case of no longer directly
receiving foreign television programs from satellites, the entities shall have
to dismantle foreign television programs receivers and return the licenses to
the licensers.
Section B:
PROCEDURES TO ISSUE REGISTRATION TO FOREIGN TELEVISION
COMPANIES TO PROVIDE FOREIGN TELEVISION PROGRAMS DECODING DEVICES TO THEIR
REPRESENTATIVE DISTRIBUTORS IN VIETNAM
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Foreign television companies who
want to provide television programs decoding devices to their representative
distributors in Vietnam shall register with the Ministry of Culture and
Information.
The files shall consist of:
1. Application for the
registration (in Vietnamese, form 3)
2. Copy of the Operation License
issued in the countries where the television companies bear the citizenship –
attached with a notarized Vietnamese translation.
The application files shall be
submitted to the Press Department, Ministry of Culture and Information.
Article 5.
Issuance of the registration certificate
Within 30 days after receiving
the application files in order, the Ministry of Culture and Information shall
have responsibility to issue the registration certificate to provide foreign
television programs decoding devices in Vietnam. In case of refusal, the
Ministry of Culture and Information shall reply with clear explanation. The
organizations who are refused a registration certificate shall have the right
to complain as stipulated by laws.
The registration certificates to
provide foreign television programs decoding devices in Vietnam shall be
specified by the Ministry of Culture and Information (Form 4).
Article 6.
Validity of the registration certificate
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2. The foreign television companies
issued with the registration certificate to provide foreign television programs
decoding devices in Vietnam shall have to strictly execute the registration
certificate issued by the Ministry of Culture and Information.
3. To change or supplement one
of the regulations in the registration certificate to provide foreign
television programs decoding devices in Vietnam, it is necessary to ask for
permission in writing from the Ministry of Culture and Information.
4. The registration certificate
shall be valid for five years after the issuance day. In case of expiry, to
continue providing foreign television programs decoding devices, the foreign
television companies shall have to repeat the application procedures.
Section C:
PROCEDURES TO ISSUE THE REGISTRATION TO ORGANIZATIONS OR
AGENCIES AS REPRESENTATIVE DISTRIBUTORS OF FOREIGN TELEVISION PROGRAMS DECODING
DEVICES IN VIETNAM
Article 7.
Application files
Organizations or agencies
engaging in installation and repair of direct television signals receivers from
satellites (TVRO) who are issued with the registration certificate for
installing and repairing TVRO devices and who request to be representative
distributors for foreign television programs decoding devices in Vietnam shall
register with the Ministry of Culture and Information.
The files shall consist of:
Application for the registration
(Form 5);
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Notarized copy of the contract to
be representative distributors for foreign television programs decoding devices
in Vietnam with foreign television companies – attached with a notarized
Vietnamese translation;
The application files for the
registration shall be submitted to the Press Department, Ministry of Culture
and Information.
Article 8.
Issuance of the registration certificate
Within 20 days after receiving
the application files in order, the Ministry of Culture and Information shall
have responsibility to issue the registration certificate to act as
representative distributors of foreign television programs decoding devices in
Vietnam. In case of refusal, the Ministry of Culture and Information shall
reply with clear explanation. The organizations or agencies who are refused from
the registration certificate shall have the right complain as stipulated by
laws.
The registration certificate to
act as representative distributors of foreign television programs decoding
devices in Vietnam shall be specified by the Ministry of Culture and
Information (Form 6).
Article 9.
Validity of the registration certificate
1. Only after obtaining the
registration certificate to act as representative distributors of foreign
television programs decoding devices in Vietnam from the Ministry of Culture and
Information, organizations or agencies are allowed to provide foreign
television programs decoding devices.
Organizations or agencies acting
as representative distributors of foreign television programs decoding devices
in Vietnam shall be responsible to provide the said devices to the entities who
are allowed to receive foreign television programs as specified by laws.
The import of foreign television
programs decoding devices in Vietnam shall be in line with the regulations by
the Vietnamese State on the import of TVRO devices.
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3. To change or supplement one
of the regulations in the registration certificate to act as representative
distributors of TVRO devices in Vietnam, it is necessary to ask for permission
in writing from the Ministry of Culture and Information.
4. The registration certificate
shall be valid for five years after the issuance day. In case of the
certificate's expiry, to continue acting as representative distributors of TVRO
devices in Vietnam, organizations or agencies shall have to repeat the
application procedures.
Section D:
PROCEDURES TO ISSUE REGISTRATION CERTIFICATE TO
ORGANIZATIONS OR AGENCIES TO DO BUSINESS IN INSTALLING AND REPAIRING OF TVRO
DEVICES
Article 10.
Application files
Organizations or agencies doing
business in installing and repairing of TVRO devices shall register with the
Ministry of Culture and Information.
The files shall consist of:
Application for the registration
(Form 7);
Notarized copy of the Operation
License, Establishment Licenses of organizations or agencies;
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Article 11.
Issuance of the registration certificate
Within 15 days after receiving
the application files in order, the Ministry of Culture and Information shall
have responsibility to issue the registration certificate to the organizations
or agencies to do business in installing and repairing TVRO devices. In case of
refusal, the Ministry of Culture and Information shall reply with clear
explanation. The organizations or agencies who are refused from the
registration certificate shall have the right complain as stipulated by laws.
The registration certificate to
organizations or agencies to do business in installing and repairing TVRO
devices shall be specified by the Ministry of Culture and Information (Form 8).
Article 12.
Validity of the registration certificate
1. Only after obtaining the
registration certificate from the Ministry of Culture and Information, organizations
or agencies doing business in installing and repairing TVRO devices are allowed
to install and repair TVRO devices.
The import of TVRO devices in
Vietnam shall be in line with the regulations by the Vietnamese State.
Organizations or agencies doing
business in installing and repairing TVRO devices shall be responsible to
install and repair the said devices for the entities who are allowed to receive
foreign television programs as specified by laws.
2. The organizations or agencies
issued with the registration certificate to do business in installing and
repairing TVRO devices in Vietnam shall have to strictly execute the
registration certificate issued by the Ministry of Culture and Information.
3. To change or supplement one of
the regulations in the registration certificate, it is necessary to ask for
permission in writing from the Ministry of Culture and Information.
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Section E:
IMPORT AND BUSINESS OF TVRO DEVICES
Article 13.
The
import and business of TVRO devices shall be permitted in writing by the
Ministry of Culture and Information.
Organizations or agencies
importing or doing business of TVRO devices shall submit to the Press
Department, Ministry of Culture and Information, their documents specifying the
devices' name, technical specifications, origins, quantity, categories, model,
catalog and the copies of the registration certificates issued by the Ministry
of Culture and Information to the organizations or agencies doing business in
installing and repairing TVRO devices, the purchase contract of TVRO devices.
Chapter II
INSPECTION, EXAMINATION,
COMMENDATION AND DEALING WITH VIOLATIONS
Article 14.
Inspection and examination
Inspectors specializing in
culture and information shall perform specialized inspection functions as
stipulated by laws.
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Article 15.
Reporting regime
1. Services of Culture and
Information of the provinces or centrally-administered cities shall have
responsibility to send one copy of the License to directly receive foreign
television programs from satellites issued to organizations and individuals
within their localities to the Press Department, Ministry of Culture and Information.
The Service shall make reports,
every six months or annually, on the issuance and use of the Licenses to
directly receive foreign television programs from satellites within their
localities to the Press Department, Ministry of Culture and Information.
2. Representative distributors
of TVRO devices in Vietnam shall be responsible to make annual report (on 25
December) on the quantity of provided TVRO devices and the provided entities to
the Press Department, Ministry of Culture and Information.
3. Organizations or agencies
doing business in installing and repairing TVRO devices shall be responsible to
make annual report (on 25 December) on the quantity, list and addresses of the
entities to whom the said organizations or agencies have installed or repaired
TVRO devices to the Press Department, Ministry of Culture and Information.
Article 16.
Commendation
Agencies, organizations and
individuals who have good deeds in discovering the violations against the
regulations in Decision 79/2002/QD-TTg and in the Regulations shall be
commended as stipulated by laws.
Article 17.
Dealing with violations
The dealing with violations
against the regulations on the installation and exploitation of TVRO devices
shall follow the regulations in Decree 31/2001/ND-CP by the Government on
administrative punishments in the field of culture and information.
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1. The Ministry of Culture and
Information shall decide the withdrawal of the licenses to directly receive
foreign television programs from satellites, the registration certificate to
provide foreign television programs decoding devices in Vietnam, the
registration certificate to act as representative distributors of foreign
television programs decoding devices, and the registration certificate to
organizations or agencies to do business in installing and repairing TVRO
devices in case organizations, agencies and individuals break the regulations
in Decision 79/2002/QD-TTg and the Regulations.
2. The People's Committees of
provinces or centrally-administered cities shall request the Services of
Culture and Information of provinces or centrally-administered cities to
withdraw the license to directly receive foreign television programs from
satellites and deal with all violations against the regulations in Decision
79/2002/QD-TTg and the Regulations within their localities in conformity with
their competence specified in Decree 31/2001/ND-CP by the Government on
administrative punishments in the field of culture and information.
3. The Services of Culture and
Information of the provinces or centrally-administered cities shall be
responsible to realize the decisions to deal with the breaches by the Ministry
of Culture and Information and the People's Committees of provinces or centrally-administered
cities; to withdraw the license to directly receive foreign television programs
from satellites in case organizations, agencies and individuals violate the
regulations in Decision 79/2002/QD-TTg and the Regulations.
4. The inspectors specializing
in culture and information shall have the right to inspect and deal with all
violations against the regulations in Decision 79/2002/QD-TTg and the
Regulations in conformity with their competence specified in Decree
31/2001/ND-CP by the Government on administrative punishments in the field of
culture and information.