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Circular 07/2011/tt-Btttt: Detailed Rules And Instructions For The Licensing Of Activities In The Field Of Radio Journalism, Television.

Original Language Title: Thông tư 07/2011/TT-BTTTT: Quy định chi tiết và hướng dẫn việc cấp Giấy phép hoạt động báo chí trong lĩnh vực phát thanh, truyền hình.

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Pursuant to the law on press, December 28, 1989 and Act amendments and supplements to some articles of the law on press, June 12, 1999;

Pursuant to Decree No. 51/2002/ND-CP dated 26 April 2002 from the Government detailing the implementation of the law on the press, the law on amendments and supplements to some articles of the Press Law;

Pursuant to Decree No. 187/2007/ND-CP on December 25, 2007 of the Government functions, tasks, powers and organizational structure of the Ministry of information and communications;

The Ministry of information and communication, detailed rules and instructions for the licensing of activities in the field of radio journalism, television as follows: chapter I GENERAL PROVISIONS article 1. Scope this circular detailing and guide the new level, level again, the additional license to modify, press activities in the field of radio, television, here called radio activity licences, television.  

Article 2. The object that applies to this circular applies to the Organization of licensed radio and television activities according to the provisions of the law on the press; radio stations, television stations, radio and television (hereinafter referred to as the active organization of radio and television) and the governing body press (hereinafter referred to as the governing body).

Article 3. Explanation of terms In this circular, the terms below are interpreted as follows: 1. license radio and television activities include: radio operating licence; Tv operation license; The production license of promotional radio channels; The production license of the television channel of promotion (hereinafter referred to as the production license of channel promotions); The production license of a special program, the production license of the program.

2. active radio license is license to operate the newspapers say tied to the birth of the active organization of radio, television, the only religious rules, the purpose of the operation of the radio program channels to promote the Organization's first licensed.

3. active license is the license to operate television report characterized the birth of organized radio, television, the only religious rules, the purpose of the activity of the television channel to promote the Organization's first licensed.

4. The production license of promotional radio program channel is specified license production of the radio program channels promote Monday onwards the Organization's radio and television operations. Channel radio programs including radio programs.

5. The production license of promotional television channel is specified license production of promotional television channel Monday onwards the Organization's radio and television operations. Television channels including television programs.

6. channel radio programs, tv channels is the promotion of radio programs, television broadcast primarily aims for every organization, personal freedom to use without intentionally apply technical measures to manage, control or binding conditions for the currency , watch tv, radio signals.

Article 4. Licensing Authority 1. The Minister of information and media licensing radio operations, license to operate television, channel license promotion under the provisions of the law and the provisions of this circular.

2. Director manages radio, television and electronic information to license the production of special programs under the provisions of the law and the provisions of this circular.

Article 5. The validity of licences 1. Radio operation licenses, license to operate television take effect ten (10) years from the date of signing.

2. the license to channel promotion and effective ten (10) years from the date of signing, but do not exceed term of validity of the activity licence, the radio television activity license of the licensed organisation.

3. The validity of the license production of the special program, the extra programs are recorded directly in the license is granted, but not beyond the validity of the license channel promotion of the licensed organisation.

4. After ninety (90) days from the date of the licence, the radio television activity license, license program channel to promote effective, non-licensed organizations operate under the content specified in the license, the license granted is no longer of value.

Chapter II ACTIVE RADIO LICENSING, LICENSE to OPERATE TELEVISION article 6. Conditions of licensing radio operations, license to operate television organization to be granted a license to operate radio and television activity permits must have sufficient conditions as defined in article 12 of Decree 51/2002/ND-CP dated 26/4/2002 of government regulation of the Press Law enforcement details The revised Law, supplementing a number of articles of the law on the press as follows: 1. the personnel requirements: a) the expected appointment of the Director General, the Deputy Director or the Director, Deputy Director, Editor, Deputy Editor must satisfy the following conditions: University graduates;

Qualified senior political argument;

Certificate management professional press of the Ministry of information and communications;

There are journalist Card validity by Ministry of information and communications;

Not during the enforcement of discipline from the form of rebuke.

b) have sufficient personnel is expected to form the leadership, expertise and the Board have enough team of reporters, editors have been secured for the journalist Card-level production programs, channels, radio programs, television.

c) case, the use of ethnic or foreign language to express the content of radio programs, television, held radio, television or the person authorized leaders responsible for the content of radio programs, television must use skilled ethnic or foreign language; have enough team of reporters, editors, the proficiency of ethnic or foreign language to ensure the production of programs, channels, radio programs, television. 

2. Clearly define the Organization's name is expected to be granted a license to operate radio and television activity licence; the purpose of the activity of the press; vision, purpose, language, service object instance of channels of radio programming, television's first promotion tied to the birth of the organization.

3. Fit the development of radio, television.

4. Meet the conditions of the facilities, according to financial records suggest licensing, including: a) headquarters ensure stable operation of the active organization of radio, television;

b) have adequate equipment to ensure the operation of the active organization of radio, television;

c) qualify for guaranteed financial objectives according to the philosophy, purpose and in accordance with the planning, development-oriented radio, tv.

5. Are people's Committee Chairman, the central cities of certification are qualified to operate the newspapers in the field of radio, television and in accordance with the development plan of local press for active organizations radio, television in the rooms, the central cities.

6. for organizations that use radio frequencies to broadcast the channel program must comply with the provisions of the law on radio frequency and transmission planning radio broadcasting, television.

Article 7. Profile, procedures for licensing radio operations, license to operate television 1. The recommended procedure for record licensing, including: a) petition to license radio and television operations, the license of the governing body (model No. 1).

The case of the governing body is not the provincial people's Committee, central cities must then be certified by the Chairman of the provincial people's Committee, the central cities as specified in paragraph 6 article 12 of Decree 51/2002/ND-CP dated 26/4/2002 of government regulation of the Press Law enforcement details The revised Law, supplementing a number of articles of the Press Law.

b) copies are certified organization decided to establish radio and television activities;

c) project activities of the Organization, the radio television activity was approved by the governing body, which stated: the name, the symbol, the purpose of the press activities of the Organization, television broadcasting activities; 

The name, logo, philosophy, purpose, language of the channel program promotion tied to the birth of the celebrated radio, television;

The content, duration, duration of program broadcast each day in a (01) week, the amount of time the average new program broadcast in one day, the scheduled program broadcast frames within a month, viewers of channel program;

The production capacity of the program, including: physical, financial, human resources (embodied by the estimation of funding activities in the two (2) years of active organizations radio, television and the financial resources to meet the estimated cost of this);

Production process and content management channel of promotion;

Technical method of distribution channels of promotion;

Economic efficiency, social.

d) curriculum vitae of the person expected to be held, radio and television activities (form No. 2);

the scheduled list) leading cadres; in charge of business departments; the reporter, the editor of radio activity organizations, tv (model No. 3);

e) text of the Department of information and media of the central cities, confirm eligibility of head office, equipment, personnel and other conditions according to assigned by the provincial people's Committee Chairman, central cities for organizing radio, television in the , central cities.

2. The record established two (2) sets of originals is filed directly or sent through the postal system of the Ministry of information and communication (Management Bureau of radio, television and electronic information).


3. within thirty (30) days from the date of receiving the application, the Ministry of information and the media have a responsibility to consider licensing radio operations, television activity license (model No. 5). Case no license, the Ministry of information and communication and reply stating the reason.

Article 8. Modify, supplement the content license to operate, license to operate television When one changes the content stated in the operating licence, the radio television activity permits granted, hosted radio and television activity to perform the procedure suggested, additional licenses have been granted.

1. Record, petition to modify, complement the purpose of press activities, philosophy, purpose of promotion channels recorded in the operating licence, license to operate tv, include: a) the copies are authenticated Active licenses, the licenses of television activities;

b) scheme of organization of radio and television make the content change was approved by the governing body;

c) the text of the Department of information and media of the central cities, confirm the eligibility of the headquarters, equipment; personnel and other conditions as assigned by the provincial people's Committee Chairman, central cities for changing the purpose of the press activities, philosophy, purpose channels of promotion for the organisation of activities of radio, television in the rooms, the central cities.

The record established two (2) sets, one (01) is a major, a (1) is filed, copies directly or sent through the postal system of the Ministry of information and communication (Management Bureau of radio, television and electronic information).

Within thirty (30) days from the date of receiving the application, the Ministry of information and communication has the responsibility to review the modified license, additional licenses, radio television activity license (model No. 7). The case does not permit amendments, supplements, Ministry of information and communication and reply stating the reason.

2. Record, petition to modify, complement the content stated in the operating licence, license to operate tv, include: a) the proposed text stating the reason and content of the proposed change of the active organization of radio, television;

b) certified copies of licenses, license radio and television activities;

c) text approved proposed changes to the governing body for the Organization of activities of radio and television in the central cities, or the ministries.

The record established a (01) is the original submission directly or sent through the postal system of the Ministry of information and communication (Management Bureau of radio, television and electronic information).

Within thirty (30) days from the date of receiving the application, the Ministry of information and communication has the responsibility to review the modified license, additional licenses, radio television activity license (model No. 7). The case does not permit amendments, supplements, Ministry of information and communication and reply stating the reason.

Article 9. Grant of license to operate again, television activity licence 1. Ninety (90) days before the operating licence, the radio television activity license expired, if they wish to continue to operate, the governing body must do the procedure suggested the Ministry of information and communication issued the license again.

2. Record, petition to radio operation licenses, license to operate tv, include: a) text proposed by the governing body;

b) certified copies of licenses, license radio and television activity or decision established in respect of the radio operations organization, the tv has to be established before the effective date of this circular, but yet have license to operate radio, tv.

c) application for licensing radio operations, television activity license (model No. 1);

d) report reviews the operation of radio and television broadcasting activities television.

The record established a (01) is the original submission directly or sent through the postal system of the Ministry of information and communication (Management Bureau of radio, television and electronic information).

Within thirty (30) days from the date of receiving the application, the Ministry of information and communication has the responsibility to review again the operation license, license to operate television (model No. 1). Cases not permit re-issuance, the Ministry of information and communication and reply stating the reason.

Chapter III PRODUCTION LICENSING PROMOTION and CHANNEL 10.  Licensed production of promotion and channel 1. The suggested organization to license the production of promotion and channel to be held has been licensed to operate radio and television activity license.

2. the recommended records licensed the production of promotion channels, including: a) petition to license produce channels of promotion and of the governing body (model No. 4);

b) certified copies of licenses, license radio and television activities;

c) project to produce channels of promotion was approved by the governing body, which stated: the name, the logo, philosophy, purpose of promotion channels;

Promotion and channel content; time, duration of program broadcast each day in one (1) week; the amount of time the average new program broadcast in one (1) day; the scheduled program broadcast frames within a month, the audience;

The production capacity of the program, including: physical, financial, human resources (expressed in cost estimation program channel production in two (2) years and the financial resources to meet the estimated cost of this);

Production process and content management channel of promotion;

Technical method of distribution channels of promotion;

Economic efficiency, social.

The case suggested to license the production of multiple channels, programs must do a separate project for each specific program channel.

d) list of expected leaders in charge of the Professional Committee, room or channel program; the reporter, the editor is responsible for the production of the channel program (form No. 3);

DD) text of the Department of information and media of the central cities, confirm eligibility of head office, equipment, personnel and other conditions according to assigned by the provincial people's Committee Chairman, central cities for the production, promotion and channel of radio activity organization , television in the rooms, the central cities.

The record established two (2) sets of originals is filed directly or sent through the postal system of the Ministry of information and communication (Management Bureau of radio, television and electronic information).

Within thirty (30) days from the date of receiving the application, the Ministry of information and communications is responsible for manufacturing license review promotion channel (model No. 6). The production license of promotional program channel is provided for each channel program. Case no license, the Ministry of information and communication and reply stating the reason.

Article 11. Modify the additional license content, produce promotional program channel When a change in the content stated in the license program promotional channel, hosted radio and television must perform the suggested procedure to license additional amendments of licenses granted.

1. Record, petition the license modification, additional goals, the purpose of the channel program promotion apply as records, the new licensing procedure specified in article 10 of this circular.

2. The records suggest that the license modification, addition of other content recorded in the production license of promotional programs, including channel: a) the proposed text stating the reason and content of the proposed amendment, addition of the active organization of radio, television;

b) certified copies of license production of promotion channels;

c) text approved additional amendments proposed by the governing body for the Organization of activities of radio, television in the rooms, city in Central or the ministries.

3. for the case of increasing the amount of time the program produces, in addition to the profile requirements prescribed in paragraph 2 of this Article, must have the project stating name, program content increases, the expected program broadcast frames within the month, the Organization made the length of the program increased production.

The record established two (2) sets, one (01) is a major, a (1) is filed, copies directly or sent through the postal system of the Ministry of information and communication (Management Bureau of radio, television and electronic information).

Within thirty (30) days from the date of receiving the application, the Ministry of information and communication has the responsibility to review the modified permit, additional content production license of promotional television channel (8). The case does not permit amendments, supplements, Ministry of information and communication and reply stating the reason.

Article 12. Reissued license promotion and channel 1. Ninety (90) days before the license channel promotion and discontinued, if want to continue producing the program channel, hosted radio and television activity to do the suggested procedure to license.

2. Records procedure, granting leave of license production of promotional programs: channel a) application to license the production of the channel promotion of the governing body (model No. 4);

b) copies are certified license promotion channel or the text has been granted authority to allow the production of promotion channels;

The record established two (2) sets of originals is filed directly or sent through the postal system of the Ministry of information and communication (Management Bureau of radio, television and electronic information).


Within thirty (30) days from the date of receiving the application, the Ministry of information and communications is responsible for considering reissuing license promotion channel. Cases not permit re-issuance, the Ministry of information and communication and reply stating the reason.

Article 13. Licensed production of special programs; The production license of extra programs 1. The organization works in broadcasting, television wants to produce special programs to make the suggested procedure to license the production of special programs.

The record suggest the manufacture license of special programs include: a) petition to license the production of special programs, stated: the name of the program, the aim of production, program length, content mostly, venue, time expected broadcast unit name, make the link (if any).

b) written approval of the governing body for the production of special programs of the organization operating in the television, radio, city in Central or the ministries.

The record suggest the manufacture license of special programs established one (01) is a major, filed directly or sent through the postal system on management of radio, television and electronic information.

Within ten (10) working days from the date of the application under the provisions of radio Management Bureau, television and electronic information have a responsibility to consider the licensing of the production of special programs (9). Case no license management Bureau, radio, television and electronic information, answers and stating the reason.

2. The organization was granted a license to operate, license to operate television want to produce extra programs must implement procedures recommended for license amendments, additional license promotion channel for more programs.

The recommended procedure for record licensed made as prescribed in article 11 paragraph 3 of this circular.

Chapter IV article 14 ENFORCEMENT TERMS. Attached to this circular the following pattern: 1. Model No. 1: recommended Single licensed radio/television.

2. Model No. 2: curriculum vitae of the person expected to be the leader of the Organization of the radio/tv.

3. Model No. 3: the expected list of leading cadres; officers in charge of the business, the Board room; the reporter, the editor of radio activity organization, television.

4. Model No. 4: application to license the production of promotion channels.

5. Model No. 5: license to operate radio/television.

6. Model No. 6: license promotion channel.

7. Model No. 7: the modified license, additional licenses/radio and television activities.

8. Model No. 8: the modified license, additional licenses program channel production promotion.

9. Model No. 9: the production license of special programs.

Article 15. Terms of implementation 1. This circular effect since January 1st, 2011.

2. The governing body and the Organization was granted a license to operate radio, television is responsible for the correct implementation of the provisions of the law on the press and the rules stated in the operating licence, broadcast television.

3. Every organization, individual violations of the provisions of this circular, then depending on the nature and extent of the violation that sanctioned administrative offense, revoking the license or being prejudice to criminal responsibility.

4. The celebrated are radio and television activities prior to the time of this circular effect within a period of one (1) year from the effective date of this circular to the recommended procedures to permit the operation of radio, television activity license, license program promote the channel prescribed in item 2 article 9 and item 2 article 12 Information This investment.

5. In the process of implementation, if any problems arise, the radio, the television, the organizations concerned have the responsibility to inform the Ministry of information and communication to review, adjust the content of this circular.