What are conditions for figure collection of basic fee when using information on winning bid for frequency band in Vietnam?

What are requirements for figure collection of basic fee when using information on winning bid for frequency band in Vietnam? What are procedures for deciding basic fee when collecting fee for licensing use right of radio frequency in Vietnam? How to determine fee for licensing use right of radio frequency in Vietnam? Thank you!

What are requirements for figure collection of basic fee when using information on winning bid for frequency band in Vietnam?

Pursuant to Clause 4 Article 4 of the Decree 88/2021/NĐ-CP stipulating requirements for figure collection of basic fee when using information on winning bid for frequency band in Vietnam as follows:

4. Requirements for figure collection

a) Figures on winning bid amount, bandwidth, and use period of frequency band of countries or territories shall be gathered from sources publicized by regulatory authorities of said countries or territories;

b) Figures regarding population, gross domestic product per capital (GDP/capita) of countries or territories and Vietnam shall be collected from official website of the World Bank. Case figures of countries or territories are not available on database of World Bank, collect figures from regulatory authorities of said countries or territories;

c) Figures regarding exchange rate of currency of countries or territories shall be gathered on x-rates.com. In case the website x-rates.com does not provide figures, consult website specialized in providing exchange rate. Figures on central exchange rate of VND and USD shall be collected from website of the State Bank of Vietnam;

dd) Figures regarding CPI in countries or territories shall be gathered from website of International Monetary Fund (IMF) based on CPI communication figures, in case CPI communication figures are not available, collect CPI all items. Case figures of countries or territories are not available on database of IMF, collect figures from regulatory authorities of said countries or territories.

What are procedures for deciding basic fee when collecting fee for licensing use right of radio frequency in Vietnam?

Pursuant to Article 5 of the Decree 88/2021/NĐ-CP stipulating procedures for deciding basic fee when collecting fee for licensing use right of radio frequency in Vietnam as follows:

1. Minister of Information and Communications shall issue decisions on identifying basic fee; organize identification of basic fee according to Article 3 and Article 4 hereof and results identified by organizations eligible for appraising prices; and send to Ministry of Finance together with documents presenting methods of identifying basic fee.

2. Within 15 days from the date on which written request of Ministry of Information and Communications is received, Ministry of Finance shall issue written remarks regarding basic fee.

3. Minister of Information and Communications shall decide on basic fee after receiving remarks of Ministry of Finance.

How to determine fee for licensing use right of radio frequency in Vietnam?

Pursuant to Article 6 of the Decree 88/2021/NĐ-CP stipulating fee for licensing use right of radio frequency in Vietnam as follows:

1. Fee for licensing use right of radio frequency (hereinafter referred to as “fee”) when extending use license of radio frequency shall be determined as follows:

In which:

MTth refers to fee for licensing use right of radio frequency for the extended period of use license of the radio frequency, unit: VND;

MTCSMHz refers to basic fee of radio frequency whose use license is extended and is identified according to Article 3, Article 4, and Article 5 hereof;

Bw refers to width of frequency band whose use license is extended, unit: Megahertz (MHz);

T refers to the extended period of use license of frequency band, unit: month.

2. In case frequency band is granted via bidding for use right of radio frequency, the fee shall equal the winning bid.

Best regards!

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