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MINISTRY Of CULTURE   THE SOCIALIST REPUBLIC Of VIETNAM
                        Independence-freedom-Happiness
   No. : 945/VP                htmlhtmlhtml

STATUTE ON THE IMPORTATION, INSTALLATION AND USE IN THE TERRITORY Of VIETNAM Of BROADCAST AND TELEVISION SERVICES DIRECTLY fROM THE EARTH SATELLITES

(Issued in conjunction with Regulatory Document No.945/VP of the Ministry of Culture, Sports and Tourism dated November 19, 1990)

Article 1:

Earth satellite direct broadcast and television system (TVRO) means a modern electronic information technical equipment which is capable of receiving simultaneously in the territory of Vietnam many broadcast and television programmes conducted b y Vietnam and foreign countries.

Article 2:

This Regulatory Document is to manage the import, installation and use in the territory of Vietnam of broadcast and television service directly from the earth satellites in accordance with regulatory provisions issued by the Ministry of Culture, Sports and Tourism.

Chapter II PRINCIPLE Of USAGE

Article 3:

All Vietnamese organizations which desire to import, install and use TVRO in order to receive various Vietnamese and foreign broadcast and television programmes are necessarily and always required to apply to the Ministry of Culture, Inf ormation, Sports and Tourism (now the Ministry of Culture and Information) for its approval, subject to which the Ministry of Trade will issue the import quota and licence for that purpose.

Article 4:

foreign entities and international organizations located in the territory of Vietnam which desire to import, install and use TVRO in order to receive various Vietnamese and foreign broadcast and television programmes are also necessarily and alw ays required to apply to the Ministry of Culture, Information, Sports and Tourism (now the Ministry of Culture and Information) for its approval, subject to which the ministry of Trade will issue the import licence for that purpose.

Article 5:

Vietnamese organizations, foreign and international organizations located in Vietnam whose current use of TVRO systems has not been licensed by the Ministry of Culture, Information, Sports and Tourism (now the Ministry of Culture and Information) ("MCI") will be permitted to do so only with MCI approval.

Article 6:

Only broadcast and television stations of cities, provinces, and special zones under direct central management are permitted to use the TVRO systems with multi-direction antennas. The stations of districts and secondary or int ermediate station are permitted to use only TVRO systems with fixed antennas.

Chapter III LICENSING PROCEDURE

Article 7:

Organizations applying for licence are required to complete the form of application for licensing (copy attached to this Statute).

Article 8:

The form of application for licensing is required to be certified by the competent authorities. In the cases of foreign and international organizations located in Vietnam a proposal from the relevant Vietnamese authorities is also re quired. Those organizations desiring to do business in this kind of equipment are required to attach to the form the following:
- a copy import business licence or production licence;
- (in the case of business/production organizations) a technical design scheme for installation of the receiving systems and the antennas.

Article 9:

All the above-mentioned procedures shall be submitted to and subject to approval of Broadcast and television Administration (now Press Department) of MCI.

Chapter IV DUTIES Of LICENSEES

Article 11:

a) Organizations and entities having been issued with a licence are limited to use for the purposes licensed and are required to comply with it as requirements as approved and at the same time to be responsible for undertaking all necessary me asures in order to prevent information received, which according to the provisions of the Law on Press may not be disclosed, from being disclosed to outsiders.

b) Organizations and entities which are permitted to carry out business in the importation and assembling of TVRO equipment are required to comply strictly with currently applicable laws of the Government regarding business and production and t heir assembled product must meet quality standards as approved and may be sold only with consent from the State Quality Valuation Council.

Article 12:

foreign organizations and entities located in Vietnam are only permitted to use TVRO for internal purposes and are not allowed in any event and by any means to make public the information received beyond the boundaries of their offices.

Chapter VI PENALTIES AND AWARDS

Article 15:

Vietnamese and foreign organizations and entities located in Vietnam committing any breach of this Statute shall, depending on the seriousness of the breach, be subject to the following: 1. Cash fine(in Vietnamese or foreign currency);
2. Temporary prohibition on use of the equipment;
3. Withdrawal of the Licence;
4. Confiscation of the equipment
5. Administrative penalty or criminal liability.

Article 16:

Those who contribute to the identification of any breach shall be rewarded in accordance with the provisions of the Law on Press.

Chapter VII CONCLUSION PROVISIONS

Article 17:

This Statute shall come into effect as of the date of issuance. All previous provisions which may be in contradiction with this Statute shall be repealed.

for Ministry of Culture and Information
Vice-Minister
LE THANH CONG
(Signed)