Advanced Search

Decision 18/2002/qd-Bvhtt Dated: Issued Licensing Regulation, Inspection, Test, Handle Violating The Currency Foreign Television Programs

Original Language Title: Quyết định 18/2002/QĐ-BVHTT: Ban hành Quy chế Cấp giấy phép, thanh tra, kiểm tra, xử lý vi phạm việc thu chương trình truyền hình nước ngoài

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
The DECISION of the MINISTER of culture and INFORMATION issued the regulation on licensing, inspection, test, handle violating the currency foreign television program the MINISTER of culture and INFORMATION 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. 81/CP dated 8 November 1993 of the Government regulations on functions, tasks, powers and organization of the Ministry of culture and information;
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. 31/2001/ND-CP dated 26 June 2001 of the Government on sanctioning administrative violations in the field of culture and information;
Pursuant to decision No. 79/2002/QD-TTg dated April 18, 2002 by the Prime Minister on the management of the collection of television programs;
At the suggestion of the Director of the press Ministry of culture-information, decision: article 1. Enact the Statute to license, inspect, test, handle violating the currency of foreign television programs.
Article 2. Director of the press, the Chief Inspector of the Ministry of culture and information, the Director of the Department of culture and information of the city, centrally responsible Guide, test and implement these rules.
Article 3. These rules are effective from the date of signing and substitute for the regulations on licensing, inspection, violation processing the collection of foreign television programs from satellite (TVRO) attached to decision No. 46/QD-BC on 10 January 1997 of the Minister of culture and information.
The previous provisions contrary to this regulation are repealed.
 
Licensing REGULATION, inspection, test, handle violating the currency foreign television programs (attached to decision No 18/2002/QD-BVHTT on 29/07/2002 of the Minister of culture and information) chapter I PROCEDURE entry A LICENSING procedure for LICENSING REVIEW CURRENCY FOREIGN TELEVISION PROGRAMS DIRECTLY FROM the SATELLITE article 1. Application for license.
The object prescribed in article 1 decision No 79/2002/QD-TTg dated 18 June 2002 by the Prime Minister on the management of the tv programs of foreign countries (hereinafter referred to as the decision) that needs currency foreign television programs directly from satellites to do the procedure please enable the State administration.
1. The objects specified in point a, c, e, f and paragraph 1 point a, b item 2 article 1 of decision applying to license foreign television revenue directly from a satellite to the press service of the Ministry of culture-information.
Records are:-the Declaration please license form (form 1);
-The text confirm location equipment currency foreign television programs directly from the satellite (a copy of the decision establishing the Agency, organization, certificate of ownership, lease, etc.);
-A copy of the decision of appointment or text proposed by the leader of the governing body for the specified object points a, c paragraph 1;
-Confirmation text and the proposal of the Ministry of Foreign Affairs of the Socialist Republic of Vietnam for the objects specified in point a, b account 2.
2. The objects specified in points b, d and c, d paragraph 1 clause 2 article 1 of decision applying to license foreign television revenue directly from satellites for the Department of culture and information of the central cities, where the installation of equipment for collecting foreign television programs directly from the satellite.
Records are:-the Declaration please license form (form 1);
-The text confirm location equipment currency foreign television programs directly from the satellite (a copy of the decision establishing the Agency, organization, certificate of ownership, lease, etc.);
-The text suggested by the leader of the governing body for the specified object to a d clause 1-a copy of the license, the license works for objects specified in point c of paragraph 2;
-The text confirm reasons resident in Vietnam of the competent bodies for the audience is foreigners residing in Vietnam defined in clause d 2;
-Certified copy of the decision to recognize a 1 star rank and above of the State administration of tourism and certified copies of records established tourist accommodation facilities for the object is the base stay receptive tourism guests are foreigners specified in point d of paragraph 2.
Article 2. Licensing.
Within 15 days from the date of the valid profile, Ministry of culture and information, Department of information-the glare the Text, the central cities are responsible for licensing review currency foreign television programs directly from the satellite. Case no license, the Ministry of culture and information, Department of culture and information, answers and stating the reason. The Organization, the individual is denied a license has the right to complain under the provisions of the law.
License content currency foreign television programs directly from the satellite according to the form prescribed by the Ministry of culture and information (form 2).
Article 3. The validity of the license.
1. When a permit currency foreign television programs directly from the satellite, the object of the new licensees are permitted to install and use the equipment for collecting foreign television programs.
2. All objects are allowed to collect foreign television programs directly from the satellite must comply the provisions stated in the licence granted.
3. Would like to change, adding one of the things stated in the license and authorization procedures must be agreed in writing by the licensing authority.
4. license to use the maximum value within 5 years from the date of license.
The validity of the license is clearly in the license.
For the objects are allowed to collect foreign television programs directly from the satellite but operating time, time resident in Vietnam under 5 years then the validity of the license based on the operating time, the resident time of that object (based on the active license , Resident permit, lease ...)
When the license expired, if demand continuing currency foreign television programs directly from the satellite, the procedure please license as the original.
5. If there is no demand for currency foreign television programs directly from the satellite object to unload equipment for the currency of foreign television programs, return the license for the licensed Agency.
Section B procedure for REGISTRATION INFORMATION for FOREIGN TELEVISION COMPANIES PROVIDE the DECODER FOREIGN TELEVISION PROGRAMS for DISTRIBUTION in VIETNAM REPRESENTATION article 4. Application for grant of registration.
Foreign television companies want to provide their decoders for television program distributor in Vietnam must do the registration procedure with the Ministry of culture-information.
Records are: 1. Declaration for registration form by Vietnamese (form 3) 2. A copy of the license to operate in the country-nationals television included Vietnamese translation notarized.
Application for registration filed in the level of Service the press Ministry of culture-information.
Article 5. Certificate of registration.
Within 30 days from the date of the valid profile, Ministry of culture and information have a responsibility to consider the registration certificate provided the decoder tv program in Vietnam. Case of non-registered certification, the Ministry of culture and information, answers and stating the reason. The organization is denied registration certificate has the right to complain under the provisions of the law.

Content registration certificate provides the television decoder in Vietnam according to the regulations of the Ministry of culture and information (form 4).
Article 6. The validity of the certificate of registration.
1. After the Ministry of culture and information registration certificate provide decoders to foreign television programs in Vietnam, new foreign television companies are allowed to sign contracts provide the decoder foreign television programs with agencies, organizations representing distribution in Vietnam.
2. foreign television companies are registered certification provides the television decoder in Vietnam are done properly the content has been the Ministry of culture and information, acceptance of the certificate of registration.
3. Want to alter, supplement a of the content has been accepted in the registration certificate provided the decoder tv program in Vietnam to change procedures, additional registration and the written consent of the Ministry of culture and information.
4. The certificate of registration is valid for 5 years from the date of grant. When expired registration certificate, if demand continues to provide the decoder tv programs abroad, foreign television companies have to do the procedure for registration as original.
Item C. PROCEDURE of REGISTRATION LEVEL for the AGENCIES, organizations REPRESENTING DISTRIBUTION in VIETNAM the DECODER FOREIGN TELEVISION PROGRAMMES article 7. Application for grant of registration.
The bodies, business organisations the installation and repair of equipment for collecting television signals directly from satellites (TVRO) were the Ministry of culture and information the certificate of registration of the installation and repair of equipment for collecting television signals directly from satellites (TVRO) needs a representative distribution in Vietnam the decoder foreign television programs to do its register with the Ministry of culture-information.
The records include: 1. A level of registration form (form 5).
2. certified copy of active licenses, license agencies, organizations.
3. A copy of the contract to do the distribution agent in Vietnam the decoder tv programs abroad with foreign television firms-included Vietnamese translation notarized.
Application for registration filed in the level of Service the press Ministry of culture-information.
Article 8. Certificate of registration.
Within 20 days from the date of receiving documents, Ministry of culture and information have a responsibility to consider the certification register as distributor in Vietnam television decoder. Case of non-registered certification, the Ministry of culture and information, answers and stating the reason. The Agency, the organization is denied registration certificate has the right to complain under the provisions of the law.
Content of the registration certificate as the representative distributes at Vietnam television decoder abroad as stipulated by the Ministry of culture and information (Form 6).
Article 9. The effect of the paper accepted for registration.
1. After the Ministry of culture and information, the certification register as distributor in Vietnam the decoder foreign television programs, the agencies, the new organization is permitted provided the decoder foreign television programs.
Agencies, organizations representing distribution in Vietnam the decoder foreign television program is responsible for providing the television decoder to correct foreign objects are allowed to collect foreign television programs according to the provisions of the law.
The import of the decoder foreign television programs on Vietnam to comply with the regulations of the State of Vietnam imported tv capture device directly from the satellite.
2. The agencies, institutions are certificates registered as distributor in Vietnam television decoder abroad must make right what has been the Ministry of culture and information, acceptance of the certificate of registration.
3. Want to alter, supplement a of the content has been accepted in the certificate register as distributor in Vietnam decoders foreign television programs to change procedures, additional registration and the written consent of the Ministry of culture and information.
4. The certificate of registration is valid for 5 years from the date of grant. When expired registration certificate, if wishing to continue representing distribution in Vietnam the decoder foreign television programs, agencies, institutions must do for the registration level as the original.
Item D. PROCEDURE of REGISTRATION LEVEL for BODIES, BUSINESS ORGANISATIONS the INSTALLATION and repair of the EQUIPMENT of DIRECT TV RECEIVER FROM PROTECTION (TVRO) article 10. Application for grant of registration.
The bodies, business organisations the installation and repair of equipment for collecting television signals directly from satellites (TVRO) must do the registration with the Ministry of culture-information.
The records include: 1. A level of registration form (form 7);
2. certified copy of active licenses, license agencies, organizations.
Application for registration filed in the level of Service the press Ministry of culture-information.
Article 11. Certificate of registration.
Within 15 days from the date of the valid profile, Ministry of culture and information have a responsibility to consider registration for certification bodies, business organisations the installation and repair of equipment for collecting television signals directly from satellites (TVRO). Case of non-registered certification, the Ministry of culture and information, answers and stating the reason. The Agency, the organization is denied registration certificate has the right to complain under the provisions of the law.
Content of the registration certificate to the Agency, the business organization the installation and repair of equipment for collecting television signals directly from satellites (TVRO) according to the regulations of the Ministry of culture and information (form 8).
Article 12. The effect of the paper accepted for registration.
1. After the Ministry of culture and information, registration, certification bodies, business organisations the installation and repair of equipment for collecting television signals directly from satellites (TVRO) are allowed to perform the installation, fix the receiver tv signals directly from satellites (TVRO).
The import of television signals collection equipment directly from satellite (TVRO) in Vietnam are subject to the regulations of the State of Vietnam.
Agencies, business organizations, repair the installation of the receiver tv signal directly from the satellite (TVRO) is responsible for the installation and repair of the equipment of direct tv receiver from satellite (TVRO) for the object is allowed to collect the satellite tv program as prescribed by the law.
2. The bodies, business organisations the installation and repair of equipment for collecting television signals directly from satellites (TVRO) granted a certificate of registration is done properly the content has been the Ministry of culture and information, acceptance of the certificate of registration.
3. Want to alter, supplement a of the content has been accepted in the certificate of registration must be made for change, additional registration and the written consent of the Ministry of culture and information.
4. The certificate of registration is valid for 5 years from the date of grant. When expired registration certificate, if wishing to continue business installation fix the receiver tv signals directly from satellites (TVRO), the Agency must do the registration application procedures as initially.
Item E. Import, SALES Of TV SIGNALS COLLECTION EQUIPMENT DIRECTLY FROM Satellite (TVRO)

Article 13. The import business, the tv signal devices directly from the satellite (TVRO) must be approved in writing by the Ministry of culture and information.
The Agency organized the imports, sales of tv signals collection equipment directly from satellite (TVRO) sent to the press service of the Ministry of culture and information, the text stating the name of the device, the technical features of the equipment, the origin of the equipment, the number, type, code samples the device's catalog, and a copy of the registration certificate to the Agency, the business organization the installation and repair of equipment for collecting television signals directly from satellites (TVRO) by the Ministry of culture and information, contract to buy equipment direct tv receiver from satellite (TVRO).
Chapter II INSPECTION, checking, REWARDING and HANDLE breach of article 14. Inspection check.
Specialized inspection of culture – information implementation of specialized inspection functions under the provisions of the law.
The press service of the Ministry of culture and information have a responsibility to lead, in cooperation with relevant agencies held annually or periodically check for irregular check the level, using the license collect foreign television programs directly from the satellite; providing and distributing television decoders; the installation and repair of equipment for collecting television signals directly from satellites.
Article 15. Report mode.
1. The Department of culture and information of the central cities have a responsibility to send one (1) a license to collect foreign communications program directly from the satellite were granted to organizations and individuals in the local newspaper of the Ministry of culture and information.
Perform periodic reporting regime of 6 month, 1 year on the State level, use the license collect foreign television programs directly from the satellite in the local media for Ministry of culture-information.
2. The representatives distributed in Vietnam the decoder foreign television programs are responsible for periodic report 1-year (12-25) the number of the decoder has to offer, the objects are provided about the press Ministry of culture-information.
3. The bodies, business organisations the installation and repair of equipment for collecting television signals directly from satellites is responsible for periodic report 1 year (12/25) on the number and the list, the address of the object were agency, performed the installation organization repair of tv signals collection equipment directly from satellites of the press Ministry of culture-information.
Article 16. Rewarding.
The agencies, organizations and individuals instrumental in the discovery of the violation of the provisions of decision No 79/2002/QD-TTg and prescribed in a statute will be rewarded according to the regulations of the State.
Article 17. Handle violation.
The processing violates the regulations on installation and use of equipment for collecting foreign television programs made under the provisions of Decree No. 31/2001/ND-CP of the Government on sanctioning administrative violations in the field of culture and information.
Article 18. Jurisdiction to handle the offense.
1. Ministry of culture and information decision on revocation of the licences of foreign television revenue directly from the satellite, the registration certificate provide decoders to foreign television programs in Vietnam, the certificates register as distributor in Vietnam television decoder abroad , The certificate of registration to the Agency, the business organization the installation and repair of equipment for collecting television signals directly from satellites in the case of agencies, organizations, individuals violating the provisions of decision No 79/2002/QD-TTg and the provisions of a statute.
2. the people's Committee of the central cities, requires the Department of culture and information Department, the central cities of license withdrawal currency foreign television programs directly from the satellite, to handle violations of the provisions of decision No 79/2002/QD-TTg and the provisions of a statute in their local jurisdiction is prescribed in Decree No. 31/2001/ND-CP of the Government on sanctioning administrative violations in the field of culture and information.
3. The Department of culture and information Department, central cities is responsible for organizing the implementation of the decision to handle violations of the Ministry of culture and information and the provincial people's Committee, the central cities; license revocation currency foreign television programs directly from the satellite in the case of agencies, organizations, individuals violating the provisions of decision No 79/2002/QD-TTg and the provisions of a statute.
4. specialized inspections of culture and information has the right to inspect, handle the violations of the provisions of decision No 79/2002/QD-TTg and the provisions in a statute under the Authority set forth in Decree No. 31/2001/ND-CP of the Government on sanctioning administrative violations in the field of culture and information./.