What Changes in Decree 71/2022/ND-CP on Regulations of Radio and Television Services in Vietnam?
Along with the strong
development of the Internet is an increase in people’s demand for using
television services on the Internet instead of the traditional methods.
Television services on the Internet providing domestic and foreign programs,
movies, etc. have brought a significant source of revenue for domestic and
foreign enterprises providing radio and television services. However, to ensure
legal fairness for domestic enterprises as well as foreign enterprises doing
business in providing this service to users, on October 1st, 2022, the Government issued Decree 71/2022/ND-CP amending and
supplementing some articles of Decree No. 06/2016/ND-CP dated January 18th, 2016 on management, provision and use of radio and television
services. The promulgated Decree has added new regulations on the management of
domestic and foreign enterprises providing radio and television services, or in
other words, changes in broadcast law in Vietnam. Specific details should
be advised by media and entertainment lawyers in Vietnam however this write-up
expects to provide some update on the development of regulations in this area.
.jpg)
As for management
policies, the Decree stipulates the management of the provision and use of
radio and television services in Vietnam, including radio and television
services on the Internet, or across borders to users in the territory of
Vietnam. Accordingly, foreign enterprises providing across borders radio and
television services in Vietnam must be managed and comply with the provisions
of Vietnam law.
For internet radio and
television services (OTT TV), enterprises can choose from two service delivery models:
(i) OTT TV provides both online channels and on-demand content (VOD) and (ii)
OTT TV only provides VOD (OTT TV VOD). For OTT TV VOD service, enterprises are
not required to provide program channels like traditional services and only
needed to make a declaration according to the form of the Ministry of
Information and Communications, instead of having to make a scheme as
previously required to apply for a license to provide paid radio and television
services. This regulation creates favorable conditions for domestic enterprises
with the same technical conditions as foreign enterprises to participate in
providing radio and television services on demand on the internet. Foreign
enterprises wishing to participate in the market must also carry out the procedures
for applying for a license like domestic enterprises.
The next highlight of
Decree No. 71/2022/ND-CP is the addition of regulations on editing, classifying
and translating radio and television content on demand (VOD). Enterprises are
allowed to actively edit and classify VOD content as movies, sports and
entertainment programs when meeting the conditions and criteria as prescribed
by competent agencies which previously, according to the provisions of Decree
No. 06/2016/ND-CP, all VOD content must be edited by a press agency with a
radio and television license before being provided on the service. Accordingly,
this content is divided into 03 groups to perform as follows:
(i) For news and current
affairs programs; programs on politics, national defense, security, economy,
and society must be produced and edited by a press agency that has licensed to
operate radio and television before being provided on the service;
(ii) For films: Before
providing services, enterprises must ensure conditions for the classification
of films according to the Government’s regulations and take responsibility to
the law for the content and results of film classification according to the
classification criteria prescribed by the Vietnam Ministry of Culture, Sports
and Tourism; In case enterprises have not yet met conditions for classification
of films, it is requesting the Ministry of Culture, Sports and Tourism or an
agency authorized by the Ministry of Culture, Sports and Tourism to classify
films that have not been granted a Film Classification License or a Broadcast
Decision;
(iii) For sports and
entertainment programs: Enterprises must edit and classify before providing
them on the service and display warnings while providing services, ensuring
that they do not commit violations against regulations of Vietnam law.
Enterprises shall work on the principles of editing, classifying, and warning
content in accordance with regulations of the Ministry of Information and
Communications and relevant laws to carry out editing and classification
activities.
Regarding regulations on
translation management, enterprises are allowed to take the initiative in
translation activities. The translation of foreign programs and channels,
enterprises must respect and preserve the purity of the Vietnam language, and
ensure that they do not violate the prohibitions according to the provisions of
Vietnam law.
In addition to
supplementing regulations on management policies, Decree 71/2022/ND-CP has
added regulations to reduce administrative procedures, and orient online
application components to reduce costs for enterprises providing radio and
television services. Accordingly, enterprises that wish to apply for a license
i.e. a license to provide paid radio and television services, amend or
supplement the content of the license, or re-issue the license, only need to
prepare set of 01 (a) dossier (previously two sets, 01 sets of originals, 01
sets of copies) and can submit online on the online public service portal of
the Ministry of Information and Communications for cases which electronic
authentication certification is available. In addition, the processing time for
the above procedures and documents are also significantly shortened, creating
favorable conditions for enterprises when carrying out administrative
procedures quickly, ensuring that the business operations are not affected.
Decree No. 71/2022/ND-CP
officially took effect on January 1st, 2023.
ANT Lawyers, as a reliable law firm in Vietnam, we focus on
providing possible solutions that best meet the needs of legal and business
clients. We help customers achieve their goals while protecting their
interests, minimizing risks, and complying with the law.
Tell us how we can be of service and one of our team members
will contact you. Email: ant@antlawyers.vn, Tel: +84 28 730 86 529.
Source ANTLawyers: https://antlawyers.vn/library/regulations-of-radio-and-television-services-in-vietnam.html
Source: ANT Lawyers.vn
0 nhận xét:
Đăng nhận xét