Thông tư 19/2009/TT-BTTTT của Bộ Thông tin và Truyền thông về việc quy định liên kết trong hoạt động sản xuất chương trình phát thanh, truyền hình

CIRCULAR

PROVIDING FOR ASSOCIATION ACTIVITIES IN THE PRODUCTION OF RADIO AND TELEVISION PROGRAMS

THE MINISTER OF INFORMATION AND COMMUNICATION

Pursuant to the December 28, 1989 Press Law and the June 12, 1999 Law Amending and Supplementing a Number of Articles of the Press Law;
Pursuant to the Government s Decree No. 51/ 2002/ND-CP of April 26, 2002, detailing the implementation of the Press Law and the Law Amending and Supplementing a Number of Articles of the Press Law;
Pursuant to the Government s Decree No. 187/2007/ND-CP of December 25, 2007. defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communication,

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subject of application

1. Scope of regulation

This Circular regulates association activities in the production of radio and television programs in which associate partners receive benefits from advertising or sponsorship activities or are paid with radio or television broadcasting charges collected by a certain method when association products are broadcast by radio or television stations.

2. Subject of application

This Circular applies to radio stations, television stations, radio-television stations (below collectively referred to as radio and television stations) and their associate partners.

Article 2. Interpretation of terms

1. Association activities in the production of radio and television programs means cooperation between a radio or television station and an associate partner to produce, partly or wholly, an association product.

This Circular regulates only association activities defined in Clause 1 of Article 1.

2. Associate partners in the production of radio and television programs are organizations with the legal person status and business registration certificates which are lawfully operating and cooperate with radio and television stations to produce a part or whole of association products.

3. Products of association in the production of radio and television programs are radio and television programs or channels created through association activities.

4. A periodical program specified in this Circular means a series of least 5 programs of the same fixation which is broadcast on a fixed day-, week- or month-based timeframe.

Article 3. Forms of association

1. Clearance of copyright to complete programs;

2. Clearance of copyright to program fixation;

3. Organization of the production of programs or a part of programs;

4. Organization of the production of a whole program channel;

Radio and television stations and their associate partners may select one or several forms of association.

Article 4. Association principles

1. Association activities must comply with the press law s provisions on the contents and exploitation of association products.

2. Association activities are carried out on the principle of equal rights and responsibilities of associating parties as prescribed by law.

3. Program channels not referred to in Clause 2. Article 5 of this Circular must have a rational structure with an appropriate broadcasting schedule for association products and other products manifesting the channels principles and objectives.

4. Rights and obligations of associating parties must be specified in association contracts.

5. Association contracts are protected under law.

6. Associating parties shall comply with tax laws and financial management regulations applicable to association activities.

Article 5. Radio and television programs in which association activities are not allowed

1. Association activities may not be carried out in the production of news and politics radio and television programs.

2. Radio and television stations with 2 or more broadcasting channels must have one general news-politics channel.

The proportion of programs open for association activities in the general news-politics channel must not exceed 30% (thirty per cent) of the total volume of programs broadcast for the first time in this channel.

Chapter II

SPECIFIC PROVISIONS

Article 6. Registration of news-politics channels and programs

Radio and television stations shall register general news-politics channels (if any) prescribed in Clause 2. Article 5 of this Circular and the timeframe for broadcasting news-politics programs with the Ministry of Information and Communication.

Article 7. Registration of association programs

1. Radio and television stations, before entering into association for the production of program channels or periodical programs, shall make registration with the Ministry of Information and Communication.

A registration dossier must indicate the name, contents and fixation of the program, broadcasting time, volume and channel of the association product; the name, address and capacities of associate partners, the form of association, and rights and obligations of associating parties.

2. Within 15 working days after the receipt of a valid registration dossier, the Ministry of Information and Communication shall examine the dossier and issue a written reply to approve or disapprove association activities. In case of disapproval, the Ministry of Information and Communication shall clearly state the reasons.

Radio and television stations may enter into association activities only after obtaining written approval of the Ministry of Information and Communication.

3. In case of change in any of registration contents prescribed in Clause 1. Article 7 of this Circular, radio and television stations shall make additional registration with the Ministry of Information and Communication to obtain its written approval thereof.

4. When entering into association for the production of products not referred to in Clause 1. Article 7. within 5 (five) working days after the time when these association products are broadcast, radio and television stations shall notify the Ministry of Information and Communication of the name and contents of association products, broadcasting time, volume and channels; the name and address of the associate partner, the form of association and rights and obligations of associating parties.

Article 8. Association contracts

When entering into association, radio and television stations shall sign contracts with associate partners in accordance with law. An association contract must have the following contents:

1. The title of the association product;

2. Purposes of association activities;

3. Contents of the association product;

4. The form of association;

5. The time, volume and channel for broadcasting the association product;

6. Rights and obligations of involved parties, provisions on the handling of changes in plans on the broadcasting of the association product;

7. Copyright to the association product;

8. Responsibilities of associating parties for breach of contract or violation of law;

9. The force majeure provision to be applied in cases when it is requested by the central press management agency to change the broadcasting plan, suspend the production or broadcasting of association products, and specific responsibilities of the radio and television station and the associate partner upon the application of this provision.

Article 9. Conditions on associate partners

1. Having the legal person status and business registration according to Vietnamese law.

2. Having produced, or participated in the production of, at least 3 (three) radio or television programs when entering in the forms of association specified in Clause 3 and Clause 4. Article 3 of this Circular.

2. Having a plan to assure financial resources, personnel and technical and material foundations necessary for the performance of association contracts.

Article 10. Rights and obligations of radio and television stations

1. Directors general or directors of radio and television stations engaged in association activities shall take full responsibility for the contents of association products and the exploitation of association products according to the press law.

2. Directors general or directors of radio and television stations shall publicize internal regulations on association activities and implement the promulgated regulations.

3. To carry out association activities in strict accordance with association contracts and relevant laws.

4. To promulgate and comply with the process on approval of contents of association products before they are broadcast.

5. To publicize plans on association in the production of radio and television programs within the radio and television stations.

6. Radio and television stations shall make written certification of the participation of associate partners in professional activities for the production of association programs.

7. To be entitled to benefits as prescribed in association contracts.

Article 11. Rights and obligations of associate partners

1. Heads of associate partners shall take joint responsibility before law for the contents of association products and the scope of work prescribed in association contracts.

2. To carry out association activities in strict accordance with association contracts and relevant laws.

3. To have their names acknowledged in association products.

4. To be entitled to benefits specified in association contracts.

5. To have their names acknowledged when association products are awarded in accordance with the State s regulations.

Article 12. Pay television

Association in the production of pay radio and television programs must comply with this Circular, excluding Clause 3 of Article 4 and Clause 2 of Article 5.

Chapter III

IMPLEMENTATION PROVISIONS

Article 13. Implementation responsibilities

1. This Circular takes effect on August 1, 2009.

2. Radio and television stations, associate partners and concerned organizations and individuals shall implement this Circular.

3. Radio and television station-managing agencies shall, within the scope of their tasks and powers, implement this Circular.

4. The Directorate of Broadcasting and Electronics Information and the Information and Communication Ministry s Inspectorate shall examine, inspect, and handle violations of the press law and this Circular.

5. Radio and television stations and concerned organizations are requested to report any problems arising in the course of implementation of this Circular to the Ministry of Information and Communication for consideration and adjustment.-