Decision 79/2002/QD-TTg on 18 June 2002 PDF  | Print |  E-mail
Viet Nam copyright law
Wednesday, 16 March 2005 07:00

 

Decision 79/2002/QD-TTg on 18 June 2002 by the Prime Minister

On the management of the receipt of foreign television programs

 

The prime Minister

 

Pursuant to the Law on Governmental Organization on 25 December 2001;

Pursuant to the Law on the Press on 28 December 1989 and the Law on Amendment and Supplementation of the Law on the Press on 12 June 1999, Decree 51/2002/ND-CP on 26 April 2002 by the Government on the implementation of the Law on the Press and the Law on Amendment and Supplementation of the Law on Press;

To strengthen the management of receipt of foreign television programs, clearly identify the State management functions and tasks in this field;

On proposals of the Minister of Culture and Information,

 

Decides

 

Article 1. The following entities in Vietnam are allowed to use television signal receivers from satellites (television receive only - TVRO) to directly receive foreign television programs:

1. Domestic entities:

a. The leaders of the Party, State and socio-political organizations at the central level from Deputy Heads of the Party Departments or the same, Deputy Ministers or the same, and Vice Chairpersons of the socio-political organizations or the same and above.

b. The leaders of localities from Deputy Secretaries of the Provincial/City Party Committees, Vice Chairpersons of the People's Committees and People's Councils of provincesl/Centrally-administered cities and above.

c. Functional units of the Ministries of Public Security, National Defense, Foreign Affairs, and specialized agencies of the Party and State at the central level, with the need to facilitate their tasks and on proposals of their leaders.

d. Specialized agencies of the Provincial/City Party Committees, the People's Committees and People's Councils of provinces or centrally-administered cities, with the need to facilitate their tasks and on proposals of their leaders.

e. Editorial offices of daily newspapers and externally-orientated papers at the central level, in Hanoi and Ho Chi Minh City; the newspapers of different central socio-political organizations.

f. Vietnam Television Station, Voice of Vietnam; regional television and radio stations administered by the National Stations; television and radio stations of the provinces and centrally-administered cities.

2. Foreign entities:

a. Foreign agencies and organizations in Vietnam;

b. Resident offices of foreign news agencies and press;

c. Headquarters of companies and enterprises with 100% foreign investment capital; headquarters of Vietnamese economic, cultural, scientific and tourist organizations in the form of joint-ventures with foreign partners where foreign experts and employees are working.

d. Foreigners permanently residing in Vietnam; foreigners temporarily staying at tourist residences categorized from one-star and above.

 

Article 2.

1. VTRO users are allowed to exploit foreign television programs within the registered scope licensed by the competent governmental authorities.

2. Organizations and agencies importing and doing business in TVRO shall have to be permitted in writing by the Ministry of Trade.

3. Agencies and organizations engaging in the installation and repair of VTRO shall have to register and be permitted in writing by the Ministry of Culture and Information.

4. Foreign television firms who want to provide program decoding devices to their representative distributors in Vietnam shall have to register with the Ministry of Culture and Information.

5. Agencies and organizations functioning as representative distributors of foreign television program decoding devices in Vietnam shall have to register and be permitted in writing by the Ministry of Culture and Information.

 

Article 3.

1. Pay Television is a kind of visual press agency using different technical devices (multi-channel viba, MMDS, cable – CATV, satellites, etc.) to broadcast television programs to an audience under payment contracts.

2. The license and management of the operation of the pay television agencies shall be done under the regulations on press agencies by the State.

3. The pay television agencies shall be responsible for their direct broadcast of foreign programs to the entities specified in Article 4 of this Decision.

 

Article 4.

The following entities in Vietnam shall be allowed to use pay television to directly receive foreign television programs:

1. Those specified in Article 1 of this Decision.

2. Party and State offices, people's unions and organizations; editorial offices of the press at the central level and in the provinces and centrally-administered cities.

3. Researchers having the need and on proposals of the Ministries, Departments and organizations; People's Committees of provinces and centrally-administered cities.

 

Article 5.

1. Pay television shall be directly broadcast to the audience under payment contracts for all foreign television programs on sciences and sports.

2. The contents of other foreign television programs, if exploited on pay television, shall be edited in conformity with the regulations of the Law on the Press.

3. All programs on pay television shall have to satisfy the regulations on copyright.

 

Article 6.

Responsibilities to manage the receipt of foreign television programs:

1. Ministry of Culture and Information:

a. To license the installation and use of TVRO receiving foreign television programs by the entities specified in Points (a), (c), (e) and (f) Clause 1 and Points (a) and (b) Clause 2 Article 1 of this Decision.

b. To issue the registration to foreign television firms providing decoding devices to their representative distributors in Vietnam.

c. To issue the registration to agencies and organizations functioning as the representative distributors of foreign television program decoding devices in Vietnam.

d. To issue the registration to agencies and organizations engaging in the installation and repair of TVRO.

3. Ministry of Trade:

To license the import and business of TVRO equipment, after receiving the written consents by the Ministry of Culture and Information.

3. People's committees of provinces and centrally-administered cities:

To license the installation and use of TVRO to receive foreign television programs to the entities specified in Points (b) and (d) Clause 1 and Points (c) and (d) Clause 2 Article 1 of this Decision within their localities.

The Services of Culture and Information shall be responsible to the People's Committees of the provinces and centrally-administered cities in licensing the installation and use of TVRO to receive foreign television programs within their localities.

 

Article 7.

1. The Ministry of Culture and Information shall be responsible to cooperate with the relevant agencies in inspecting annually or without warning the issuance and use of the licenses and deal with all violations in the issuance and use of foreign television programs throughout the country as stipulated.

2. The people's committees of the provinces and centrally-administered cities shall be responsible to manage the issuance and use of the licenses and deal with all violations in the issuance and use of foreign television programs within their localities as stipulated.

The Services of Culture and Information shall assist the People's Committees of provinces and centrally-administered cities in managing the receipt of foreign television programs within their localities.

 

Article 8.

This Decision shall come into effect within 15 days after the signing date and shall replace Decision 877/TTg on 22 November 1996 by the Prime Minister.

All previous regulations contrary to this Decision shall be abrogated.

 

Article 9.

The Ministry of Culture and Information shall be responsible to cooperate with the relevant agencies in instructing the implementation of this Decision.

 

Article 10.

The Ministers, heads of the ministerial-level agencies, heads of the governmental bodies, chairpersons of the People's Committees of provinces and centrally-administered cities, and all organizations and individuals shall be responsible to implement this Decision.

Prime Minister

Phan Van Khai

(signed)

 

 
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