Change the name of the press agency listed in the operating license is legal content that readers often need to check carefully before implementing it in practice. This article has been re-systematized by ANT Legal in an easy-to-understand way, helping individuals and businesses understand the main issues, common risks and appropriate solutions.
Changing the name of the media management agency recorded in the press operating license, is it necessary to carry out license adjustment procedures?
Pursuant to Clause 2, Article 20 of the 2016 Press Law, which regulates schools In case of changing the content recorded in the press activity license as follows:
When changing the name of the press agency or the name of the press agency; Principle, Purpose; names of press publications, supplements, and specialized pages of electronic newspapers, radio channels, and television channels; Broadcast location, headquarters location attached to the total control center; transmission and broadcasting methods; duration of radio and television channels; domain name of specialized websites and electronic newspapers, the governing agency must have a dossier requesting the Ministry of Information and Communications to amend and supplement the license.
Documents and procedures for requesting amendments and supplements to press activity licenses are prescribed by the Minister of Information and Communications.
According to the above regulations, we see that in case of changing the name of a press agency, the procedures for adjusting the license must be carried out according to regulations.
What procedures are followed to adjust the press activity license?
Documents and procedures for changing the name of a press managing agency are carried out according to Article 8 of Circular 36/2016/TT-BTTTT as follows:
* Profile:
Agency or organization requests to change the name of the press agency; name of the press agency; names of radio channels and television channels; broadcast location; headquarters location associated with the total control center; Transmission and broadcasting methods specified in the radio operation license or television operation license shall be submitted directly or via the postal system 01 (one) set of documents to the Ministry of Information and Communications (Department of Radio, Television and Electronic Information). Profile includes:
– Written request from the governing agency to organize radio and television broadcasting activities in a province, centrally run city or ministry or branch. For the Voice of Vietnam and Vietnam Television, the written request must be signed by the head of the agency.
– Relevant legal documents and papers in case of changing the name of the managing agency or the name of the press agency; broadcast location; headquarters location associated with the total control center; method of transmission and broadcasting.
* Order and procedures for settlement:
– Within a maximum period of 30 (thirty) days from the date of receipt of complete and valid documents according to regulations, the Ministry of Information and Communications will consider granting a license to the agency or organization. In case of refusal, the Ministry of Information and Communications will issue a written response, clearly stating the reason for refusal.
– Within the licensing processing time limit specified in Clause 2 of this Article, for dossiers that do not meet the conditions, the Ministry of Information and Communications (Department of Radio, Television and Electronic Information) shall notify in writing the agency or organization about supplementing, explaining and completing the dossier.
– Agencies and organizations are responsible for submitting additional documents and explanations to the Ministry of Information and Communications (Department of Radio, Television and Electronic Information) according to the requested content within 30 (thirty) days from the date recorded on the written notice specified in Clause 3 of this Article.
– At the end of the deadline for submitting additional documents specified in Clause 4 of this Article, if the agency or organization does not submit additional documents, the Ministry of Information and Communications (Department of Broadcasting, Television and Electronic Information) will terminate the processing of the documents. Receiving applications after the additional submission deadline is considered as receiving new applications.
Thus, the procedure for adjusting the content of a press activity license in case of changing the name of the press managing agency shall comply with the above regulations.
How to change the name of the press agency in the press operation license without permission from the state agency?
According to the provisions of Point c, Clause 1, Article 5, Decree 119/2020/ND-CP regulates penalties related to press activity licenses as follows:
Fine from 3,000,000 VND to 5,000,000 VND for changing the name of the press agency; name of the press agency; names of radio channels and television channels; broadcast location; headquarters location associated with the total control center; Transmission and broadcasting methods are specified in the radio license and television license but are not permitted by the Ministry of Information and Communications.
Accordingly, this fine is the fine applied to organizations. For the same administrative violation, the fine for individuals is equal to 1/2 of the fine for organizations specified in Clause 2, Article 4 of Decree 119/2020/ND-CP.
Thus, in case of changing the name of the press managing agency, the procedure for adjusting the name recorded in the press operation license must be carried out and licensed by a competent authority. In case of changing the name without permission from the competent authority, it will be handled as an administrative violation according to the provisions of law.
Note on Applying Current Legal Regulations
This article belongs to the Business & M&A group and is presented for reference purposes, helping readers understand the legal issue at an overview level before preparing a dossier or carrying out a transaction.
Legal regulations may vary depending on the timing, locality, type of dossier and specific circumstances. If you need to determine the exact legal basis applicable to your case, you should contact ANT Legal’s lawyers at 0966.475.966 for review and advice before proceeding.
Common Legal Risks to Note
- Applying legal instruments that have been amended, supplemented or replaced.
- Preparing an incomplete set of documents, materials or necessary evidence.
- Misunderstanding the conditions, procedure, timeline or competent authority.
- Signing, submitting a dossier or carrying out a transaction before fully assessing legal risks.
How Can ANT Legal Support You?
ANT Legal can review the specific circumstances, examine the dossier, identify the applicable legal basis, advise on an appropriate handling plan and represent clients in working with individuals, organizations or competent authorities where necessary.
For prompt advice, you may contact a lawyer at 0966.475.966.
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