Application for license for provision of paid radio and television broadcasting services in Vietnam from January 01, 2023
What are the regulations on radio and television broadcasting services in Vietnam?
According to Clause 1, Article 3 of Decree 06/2016/ND-CP, the provisions are as follows:
Interpretation of terms
In this Decree, the following terms shall be understood as follows:
1. Radio and television broadcasting services are telecommunication application services to provide complete domestic and foreign program channels and value-added services on transmission infrastructure, radio, and television broadcasting to users. Radio and television broadcasting services can be provided directly to users without storage or delay devices (live broadcasting services) or at the specific request of the service subscribers (on-demand services).
In Item a, Clause 1, Article 1 of Decree 71/2022/ND-CP (amending Clause 1, Article 3 of Decree 06/2016/ND-CP), the provisions are as follows:
Interpretation of terms
1. Radio and television broadcasting services are services that provide complete domestic and foreign program channels, radio, and television content on demand, along with the value-added service content on radio and television transmission infrastructure to users. Radio and television broadcasting services can be provided directly to users through storage and delay devices (live broadcasting services) or at the specific request of service subscribers (on-demand radio and television services).
Therefore, radio and television broadcasting services under the new regulations are defined as above.
Application for license for provision of paid radio and television broadcasting services in Vietnam from January 01, 2023 (Image from the Internet)
What is the current application for license for provision of paid radio and television broadcasting services in Vietnam?
According to Clause 2, Article 12 of Decree 06/2016/ND-CP, the regulations for application for license for provision of paid radio and television broadcasting services are as follows:
License for providing paid radio and television broadcasting services
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2. License Application
a) Application form for providing paid radio and television broadcasting services as per the Ministry of Information and Communications' format;
b) Certified copy or copy with original for comparison of one of the latest issued documents: Business Registration Certificate; Investment Registration Certificate (if any);
c) Scheme explaining in detail: types and scope of services, technical plans for providing online and on-demand services (if any); anticipated terms on the rights and responsibilities of the parties in service provision and use contracts, and contents regulated at Points b, d, đ, e, g, h, Clause 1 of this Article;
d) Certified copy of the Telecommunications Network Establishment License or a certified copy of the agreement to rent or use the telecommunications network from a unit with a telecommunications network during the effective period of the Telecommunications Network Establishment License for services regulated at Points a, b, c, d, Clause 1 of Article 4 of this Decree; certified copy of the domain name registration ".vn" or the identified Internet address for services regulated at Point đ, Clause 1 of Article 4 of this Decree;
In case the business providing services regulated at Points a, b, c, d, Clause 1 of Article 4 of this Decree does not have a telecommunications network, there must be a cooperation agreement with a telecommunications network unit or additional technical solutions to handle incidents, ensuring service quality and continuity;
dd) Application for the content list registration on paid radio and television broadcasting services as specified in Clause 5, Article 21 of this Decree;
e) Certified copy or copy with original for comparison of the agreement on signal reception points of program channels regulated at Point c, Clause 1, Article 14 of this Decree.
Therefore, the license applications for providing paid radio and television broadcasting services under the current regulations are defined as above.
What is the application for license for provision of paid radio and television broadcasting services in Vietnam from January 01, 2023?
Based on Clause 4, Article 1 of Decree 71/2022/ND-CP (amending Clause 2, Article 12 of Decree 06/2016/ND-CP), the provisions are as follows:
License for providing paid radio and television broadcasting services
...
2. License Application
a) Application form for providing paid radio and television broadcasting services as per the Ministry of Information and Communications' format;
b) Certified copy or copy with original for comparison of one of the latest issued documents: Business Registration Certificate; Investment Registration Certificate (if any);
c) Scheme explaining in detail: types and scope of services; technical plans for providing live and on-demand radio and television services (if any); payment methods; anticipated terms on the rights and responsibilities of the parties in service provision and use contracts, and contents regulated at Points b, d, đ, e, g, and h, Clause 1 of this Article;
For services specified at Point đ, Clause 1, Article 4 of this Decree, in cases where program channels are not provided, only on-demand radio and television content: Comply with the application form of the Ministry of Information and Communications, including: Scope, technical conditions for service provision; payment methods; complaint resolution procedures; anticipated terms on rights and responsibilities of the parties, anticipated content groups on the service; domain name ".vn" or identified Internet address and service provision application on the Internet;
d) Certified copy of the Telecommunications Network Establishment License or a certified copy of the agreement to rent or use the telecommunications network from a unit with a telecommunications network during the effective period of the Telecommunications Network Establishment License for services regulated at Points a, b, c, d, Clause 1, Article 4 of this Decree; certified copy of the domain name registration ".vn" or the identified Internet address for services regulated at Point đ, Clause 1, Article 4 of this Decree;
In case the business providing services regulated at Points a, b, c, d, Clause 1 of Article 4 of this Decree does not have a telecommunications network, there must be a cooperation agreement with a telecommunications network unit or additional technical solutions to handle incidents, ensuring service quality and continuity;
dd) Application for the content list registration on paid radio and television services as specified in Clause 5, Article 21 of this Decree;
e) Certified copy or copy with original for comparison of the agreement on signal reception points of program channels serving political tasks, essential information propaganda, except for radio and television services on the Internet that do not provide program channels.
Therefore, the license applications for providing paid radio and television broadcasting services from January 01, 2023, are defined as above.
Decree 71/2022/ND-CP takes effect from January 01, 2023.
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