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Circular 19/2009/tt-Btttt: Rules Of The Active Links In The Production Of Radio Programs, Television

Original Language Title: Thông tư 19/2009/TT-BTTTT: Quy định về việc liên kết trong hoạt động sản xuất chương trình 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, regulations: chapter I GENERAL PROVISIONS article 1. Scope and objects 1. The scope of this circular adjustment adjust the activities linked to the production of radio programs, television in which the benefits of the affiliate partner is paid by the rights from the operation of advertising, sponsorship or from the source radio, television fee according to a certain method when the main broadcast products of radio links , television.

2. The object of the application object apply to this circular is the radio station, tv station, radio-television (hereafter referred to as radio, television), the affiliate partner.

Article 2. Explanation of terms 1. Active links in the production of radio programs, television is the form of cooperation between radio and television, with a side of link partners to create part or all of the associated products.

This circular only adjust the active links are specified in clause 1 article 1.

2. Partner links in the production of radio programs, television is the organization with legal personality, have active business registration according to the law of Vietnam participated in cooperation with radio, television to create a part or the entire product link.

3. Affiliate products in the production of radio programs, television programs or channels of radio programs, television was created by active links.

4. periodic program prescribed in this circular are a chain of at least 5 (five) program have the same format, being played on the same time frame new by date, by week, or by month.

Article 3. The active form of link 1. The exchange of the complete program copyright;

2. The exchange of copyright program-format;

3. Organize the production of the program or a portion of the program;

4. Organization of production of the entire program channel.

The radio, television, the affiliate partner can choose one or more active form link.

Article 4. Operating principles the link 1. Active links are subject to the provisions of the law on the press with regard to the content of the associated products and mining products.

2. the link is done according to the principle of equal rights and responsibilities between the parties involved link under the provisions of the law.

3. The channel program not specified in clause 2 5 of this circular must ensure the structure and allocation of time of reasonable length, between the program's associated products and programs are not associated products demonstrate vision, the purpose of the channel programs.

4. Rights and obligations of the parties to link activities must be specified in the contract.

5. affiliate contract are protected under the provisions of the law.

6. The parties to the operation links must comply with the provisions of tax legislation, financial management for active link.

Article 5. The radio programs, television does not make linked activities 1. Do not perform activities that link for the radio programs, tv news, politics.

2. for radio, tv has 2 (two) channel promotion and over, must determine 1 (one) the channel-politics.

The program performs the activity links in the channel-political sum does not exceed 30% (thirty percent) of the amount of time the program aired 1 (a) of this channel.

Chapter II SPECIFIC PROVISIONS article 6. Sign up for the program, channel, politics, television broadcasters are responsible for registering the channel-politics (if any) as defined in clause 2 article 5 and the time frame of the program, play politics with the Ministry of information and communication.

Article 7. Sign up affiliate program 1. Radio, tv before link activities with respect to the affiliate product is the channel program, periodic program must register with the Ministry of information and communication.

Profile register includes the information on the name, content, format, timing, duration, channel broadcast of associated products; the name, address and capacity of the partner link, form, the rights and obligations of the parties involved.

2. Within a period of 15 (fifteen) working days from receipt of valid registration records, the Ministry of information and communications is responsible for review and has written approval or disapproval of activities link. The case is not approved, the Ministry of information and communication must clearly state the reason.

Radio, television only made the link after the activities have the written approval of the Ministry of information and communication.

3. When a change in the content of the register is regulated in article 7 paragraph 1, radio stations, television must perform additional registration with the Ministry of information and communication, and to be the Ministry of information and communication, the written approval of additional registration.

4. When implementing the activity links for affiliate products not specified in clause 1 article 7, radio, television has the responsibility to inform the Ministry of information and communication about the name, content, time, duration, channel broadcast of associated products; name, address of the partner link, the form link and the rights and obligations of the parties to the links within the time limit of 5 (five) working days from the time of broadcast products that link.

Article 8. Affiliate contract when doing affiliate activity, television broadcasters must sign contracts with the partner link under the provisions of the law. Affiliate contract must show the following: 1. name of product links;

2. Purpose of carrying the link;

3. Content of the associated products;

4. Form of the link;

5. The time, duration, channel broadcast product link;

6. The rights and obligations of the parties; rules on how to handle the case for change plans to broadcast product link;

7. Copyright associated products;

8. Liability of the parties link when the breach of contract or breach of the provisions of the law;

9. force majeure terms regulations when required by the competent authority on the management of the press in Central about the change of plans airing, stop the exercise or stop broadcast affiliate products and specifies the responsibilities of the radio, television and partner links when applying this provision.

Article 9. Conditions of the partner link 1. Have legal personality and registration according to the law of Vietnam.

2. Has produced or produced a minimum of 3 (three) radio programs, tv was broadcast as made link form specified in paragraph 3, paragraph 4 of article 3 of this circular.

3. Have secured financial resources, personnel and technical facilities necessary to perform the contract.

Article 10. The rights and obligations of tv, radio 1. The Director General, the Director of the radio station, tv has affiliate operations are responsible for the entire content of the affiliate product and extraction associated products under the provisions of the law on the press.

2. The Director General, the Director of radio, television has the responsibility to enact the internal regulation of public works links and make the right regulation was issued.

3. Perform the operations in the correct link link contracts and the provisions of relevant laws.

4. Enact and implement procedures to browse content affiliate products before broadcast.

5. The plan to link the production of radio programs, tv must be made public in radio and television.

6. Radio, television has the responsibility to confirm in writing the involvement of partner links to serve the professional activity when making your affiliate program.

7. Enjoy the benefits prescribed in the contract.

Article 11. Rights and obligations of the partner link 1. The head of the affiliate partner organization jointly responsible to the law on product content and the scope of work specified in the contract.

2. Perform the operations in the correct link link contracts and the provisions of relevant laws.

3. Must stand in the product name link.

4. Enjoy the benefits stipulated in the contract.

5. stand the product name when the affiliate is rewarded according to the regulations of the State.

Article 12. Pay tv affiliate activity produced radio programs, pay tv to follow the provisions of this circular except for paragraph 3 to article 4 paragraph 2 and article 5 of the circular.

Chapter III the TERMS of the IMPLEMENTATION of article 13. Responsibility 1. This circular has effect from 1 August 2009.

2. The radio, tv, link partners, organizations and individuals concerned are responsible for the implementation of the provisions of this circular.

3. The governing body of the radio station, tv mission, within the scope of their powers is responsible for enforcing the provisions of this circular.

4. the Department of management of radio, television and electronic information, Inspector of the Ministry of information and communications is responsible for follow-up testing, inspection, handling of violations of the law on the press and the provisions of this circular.

5. In the process of implementation, if bottlenecks arise, the radio, the television, the organizations concerned have the responsibility to inform the Ministry of information and media to consider adjusting the./.