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Decree 71/2022/ND-CP amends some articles of Decree 06/2016/ND-CP on the management, provision and use of radio and television services. In particular, the provisions on copyright for content on radio and television services have been supplemented.

This is one of the notable contents in Decree 71/2022/ND-CP on amendments to some articles of Decree 06/2016/ND-CP dated 18 January 2016 on management, provision and use of radio and television services (hereinafter referred to as “Decree”). Accordingly, the provisions on copyright for content on radio and television services shall be supplemented.

(i)    The legal channels that serve political tasks and disseminate essential information to be broadcasted and transmitted intact on radio and television services in Vietnam shall be conducted in accordance with agreement between the Press Authority that has been licensed to operate radio and television and services provider.  

(ii)    On-demand radio and television content and content of value-added services shall satisfy the following copyright requirements:

-    To have a document proving the legal copyright in accordance with the Law;

-    To ensure the integrity of the programs and movies that have been broadcast on the channel, including the name and logo of such channel;

-    To comply with written contracts or agreements on copyright and ensure the integrity of the program content after being edited, classified as follows:

•    The news and programs on politics, national defense, security, economy and society shall be produced and edited by a press agency that has been licensed to operate radio and television before the news and programs have been provided on services;

•    Before provision on film services, the service provider shall ensure conditions for film rating pursuant to the Government's regulations and take responsibility to the Law for contents and film rating results according to criteria for rating prescribed by the Ministry of Culture, Sports and Tourism. In case the service provider has not yet satisfied these conditions, it is required to request the Ministry of Culture, Sports and Tourism (hereinafter referred to as “MOCST”) or an agency authorized by the MOCST to rate the films that have not been granted a Film Rating License or a Broadcast Decision;

•    The sports and entertainment programs shall be edited and classified before provision on services and the warnings shall be displayed throughout the process of provision of services in order to ensure that these programs do not commit violations against regulations of the Law. Pursuant to the principles of edit, classification and warnings about contents in accordance with regulations of the Ministry of Information and Communications and relevant laws, the service providers shall carry out edit and classification.

The Decree takes effect from 1 January 2023.

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