What Are 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. Media and entertainment lawyers in Vietnam play a pivotal role in guiding businesses through this evolving legal landscape.

Management, Provision and Use of Radio and Television Services under Vietnam Law

To ensure legal fairness for domestic enterprises as well as foreign enterprises doing business in providing this service to users, the Vietnam Government issued specific laws and guiding decree 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.

Regulations on management policies include Vietnam enterprises and foreigner enterprises

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 Highlight of regulations on editing, classifying and translating radio and television content on demand (VOD).

The next highlight 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, 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.

Regulations on translation management

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.

Regulations on administrative procedures

In addition to supplementing regulations on management policies, the decree 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.

How media and entertainment lawyers in Vietnam facilitate business venture?

Navigating Evolving Regulations

One of the primary roles of media and entertainment lawyers in Vietnam is to assist clients in understanding and adhering to the ever-evolving regulatory framework in the media and entertainment sector. With the issuance of new decrees governing the provision and use of radio and television services, it is crucial for enterprises, both domestic and foreign, to stay updated on these changes. Media and entertainment lawyers provide expert advice on the specific details of these regulations, ensuring that businesses remain compliant with the law.

Addressing Cross-Border Services

The new decrees have significant implications for foreign enterprises providing cross-border radio and television services in Vietnam. These enterprises are now required to be managed and comply with the provisions of Vietnamese law. Media and entertainment lawyers in Vietnam play a crucial role in helping foreign entities navigate the complexities of these regulations. They offer guidance on compliance requirements, licensing, and other legal obligations, ensuring that foreign businesses can operate smoothly within the Vietnamese market.

Ensuring Legal Fairness

Media and entertainment lawyers in Vietnam also play a vital role in ensuring legal fairness for both domestic and foreign enterprises operating in the radio and television sector. They assist in resolving legal disputes, addressing intellectual property rights, and negotiating contracts that uphold the interests of their clients. By providing legal counsel, these lawyers help businesses maintain their integrity and protect their rights in a competitive marketplace

In conclusion, in a rapidly evolving landscape where the internet has transformed how television services are delivered and consumed, media and entertainment lawyers in Vietnam are indispensable allies for businesses. They help clients navigate complex regulatory changes, ensuring compliance with the law while facilitating business growth. These legal experts provide the essential guidance needed to thrive in Vietnam’s media and entertainment industry, offering a clear path forward in this dynamic and competitive sector. Whether it’s addressing cross-border services or resolving legal disputes, media and entertainment lawyers in Vietnam play a pivotal role in shaping the future of this vibrant industry.

About ANT Lawyers, a law firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi,  and Danang, and will help customers in doing business in Vietnam.

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