Thông tư 07/2011/TT-BTTTT

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

This Circular applies to organizations that are issued the license for radio and television activities under the provisions of law on the Press; Radio stations, Television stations, Radio and Television stations (hereinafter generally referred to as radio and television operation organization) and Press governing agencies (hereinafter referred to as governing agency).

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

1. The Minister of Information and Communications issues licenses for the radio operation, licenses for television operation, licenses for broadcast program channel production under Law and regulations in this Circular.

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

Organizations, that being granted radio operation license and television operation license, shall meet all conditions stipulated in Article 12 of the April 26, 2006 Decree No.51/2002/ND-CP of the Government on regulating in detail implementation of the Press Law, the Law on Amending and Supplementing a number of articles of the Press Law as follows:

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.

2. Identify clearly the name of the organization anticipated to be licensed in radio and television operation; the purpose of press operation, principles, service objects and purpose, display language of the first broadcast radio and television program channel associated with the establishment of that organization.

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:

a. Application for licensing radio and television operation of organization in charge (Form No. 1).

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

Socio economic efficiency

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;

b. Scheme of radio and television operation organization implementing amendment contents approved by organization in charge

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

Article 9. Re-grant the radio operation license, television operation license

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

GRANTING THE BROADCAST PROGRAM CHANNEL PRODUCTION LICENSE

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);

Production processes and content management of broadcast program channel

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. .

1. Document and procedure of application for licensing amendment and supplement of Press operation purpose , principle, purpose of broadcast program channel apply as document and procedure of application for newly licensing prescribed in Article 10 of this Circular

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.

2. Document and procedure of application for re-granting the production license of broadcast program channel include:

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.

Set one (1) original dossier to submit directly or send by post to the Authority of Broadcasting and Electronic Information.

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

4. Form 4: Application for broadcast program channel production license.

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.

4. Organizations that are operating radio and television before the effective date of this Circular within one (01) years from the effective date of this Circular must make the procedure of application for re-granting radio operation license, television operation license, production license of broadcast program channel in according to clause 2, Article 9 and clause 2, Article 12 of this Circular

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