05 Rules for provision of free broadcasting services in Vietnam

05 Rules for provision of free broadcasting services in Vietnam (Internet image)

1. What is free radio and television service?

According to Point a, Clause 2, Article 4 of Decree No. 06/2016/ND-CP, free radio and television service (hereinafter referred to as “free broadcasting service”) means a type of services freely provided to users by eligible providers without any control , management or restrictions on conditions for signal reception;

2. 05 Rules for provision of free broadcasting services in Vietnam

Specifically, in Article 9 of Decree 06/2016/ND-CP, the provision of free broadcasting services must comply with the following rules:

(1) Propagate free broadcasting services nationwide, especially in remote areas, distant areas, the frontier, islands and extremely-disadvantageous areas.

(2) Ensure the uniform across the State’s planning on the press, broadcasting and radio and television services.

(3) Ensure the compliance with regulations on management of Internet resources and radio frequencies specified in laws on telecommunications and radio frequencies.

(4) Ensure that contents are consistent with regulations on management of information contents prescribed in laws on the press and provisions hereof.

(5) Ensure that the quality of radio and television services and equipment are conformable with technical regulations and standards.

3. Rights and obligations of free broadcasting service providers in Vietnam

3.1. Rights of free broadcasting service providers in Vietnam

Rights of free broadcasting service providers include:

- Be entitled to pick Vietnamese channels for their free broadcasting service in accordance with Article 13 of Decree 06/2016/ND-CP;

- Be entitled to select suitable telecommunication networks to be broadcasters, if free broadcasting service providers have no telecommunication networks;

- Be entitled to use specialized tools to add their names and logos to channels in accordance with Article 23 of Decree 06/2016/ND-CP.

(Clause 1, Article 7 of Decree 06/2016/ND-CP)

3.2. Obligations of radio and television broadcasting service providers in Vietnam

According to Clause 2, Article 7 of Decree 06/2016/ND-CP, obligations of free broadcasting service providers include:

- Reserve transmission capacity for broadcasting free broadcasting service via channels specified in clause 4, Article 13 of Decree 06/2016/ND-CP and according to the assignment by competent authorities;

- Obey the State's regulations on management of information contents and ownership of copyright of programs and radio and television channels;

- Comply with operation report regulation of State regulatory authorities of provinces under provisions of laws;

- Undergo inspection conducted by competent authorities under provisions of laws.

4.Rights and obligations of users of free broadcasting service in Vietnam

Specifically, Article 8 of Decree 06/2016/ND-CP stipulates the rights and obligations of users of free broadcasting serviceas follows:

- Rights of users of free broadcasting services:

+ Be entitled to own terminal devices and select free broadcasting service providers:

+ Receive information on free broadcasting service nationwide;

+ Have the right to complain about the service quality to State regulatory authorities.

- Obligations of users of free broadcasting services: Obey the State's regulations on protection for copyright of programs and radio and television channels;

Thanh Rin

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