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THE
NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
42/2009/QH12
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Hanoi,
November 23, 2009
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LAW
ON RADIO FREQUENCIES
Pursuant to the 1992 Constitution
of the Socialist Republic of Vietnam, which was amended and supplemented under
Resolution No. 51/2001/QH10;
The National Assembly promulgates the Law on Radio Frequencies.
Chapter I
GENERAL PROVISIONS
Article I.
Scope of regulation
This Law provides for the
management and use of radio frequencies, radio equipment and satellite orbits
and management of safety of radio radiation and electromagnetic compatibility
(below collectively referred to as management and use of radio frequencies);
rights and obligations of organizations and individuals involved in the
management and use of radio frequencies.
Article 2.
Subjects of application
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Article 3.
Interpretation of terms
In this Law. the following terms
are construed as follows:
1. Radio frequency means
a frequency of radio waves.
Radio waves means
electromagnetic waves with a frequency below 3.000 gigahertz (GHz) which freely
travel in space without artificial guide.
2. Radio frequency spectrum
means the whole range of radio frequencies.
3. Radio frequency band
(below referred to as frequency band) means a range of radio frequencies
limited by two given frequencies.
4. Radio frequency channel
(below referred to as frequency channel) means a range of radio frequencies
identified by its bandwidth and central frequency or other particular
parameters.
5. Radiocommunication means
the transmission, emission or reception of signs, signals, data, writing,
images, sounds or information in other forms by radio waves.
6. Radio communication
service means the transmission, emission and/or reception of radio waves
for a specific radio communication purpose, including fixed, mobile,
broadcasting, aeronautical or maritime navigation location satellite, standard
broadcasting, amateur and other radio services. Radio services are divided into
primary services and secondary services.
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Secondary service means a
service not prioritized for use under the national plan on radio frequency
spectrum.
7. Radio station means a
radio equipment or an assembly of radio equipment, including also the accessory
equipment, for providing a radio communication service. A radio station is
classified by the service it operates permanently or temporarily.
8. Radio radiation means
energy generated from any source in the form of radio waves.
9. Radio emission means
radiation by a radio transmitting station.
10. Radio equipment means
an equipment for receiving, transmitting or receiving-transmitting signs,
signals, data, writing, images, sounds or information in other forms by radio
waves.
11. Radio-wave appliance means
an equipment other than radio equipment, which generates and uses radio wave
energy in a given area to serve industrial, scientific, medical and domestic
applications or for similar purposes.
12. Satellite orbit means
the path of movement of a satellite in space.
13. Harmful interference
means the harmful effect of electromagnetic energy caused by radio
emission, radiation or induction which harms or obstructs or interrupts the
lawful operation of radio equipment or equipment systems.
14. Electromagnetic
compatibility means the ability of radio electric or electronic equipment
or an equipment system to normally operate in an electromagnetic environment
without causing interference to other equipment or equipment systems.
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16. Assignment of a radio
frequency means the identification and licensing of an organization or
individual to use a radio frequency or radio frequency channel under specified
conditions for a radio station.
17. Examination of a radio
frequency means the consideration of the actual use of a radio frequency, radio
equipment, a radio frequency use license or radio operator certificate; the
measurement of technical parameters of a radio station: the identification of
causes of harmful interference for assessment and appraisal of observance of
the law on radio frequencies.
18. Control of a radio
frequency means the control and supervision by technical devices of the
radio wave-transmitting activities.
Article 4.
State policies on radio frequencies
1. To prioritize the development
of human resources, physical and technical foundations to assure the effective
management and use of radio frequencies.
2. To intensify international
cooperation in the domain of radio frequencies to protect the State's interests
and the national sovereignty over radio frequencies and satellite orbits.
3. To prioritize the use of
radio frequencies in remote, deep-lying and border areas and islands, and areas
with particularly difficult socio-economic conditions, and for national
defense, security and natural disaster and epidemic prevention and combat.
4. To prioritize and encourage
the research, development and application of technologies for efficiently using
the radio frequency spectrum.
5. To encourage and support
organizations to take part in registering satellite orbit locations.
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1. The Government shall perform
the unified state management of radio frequencies.
2. The Ministry of Information
and Communications is answerable to the Government for performing the unified
state management of radio frequencies, having the following tasks and powers:
a/ To promulgate or propose
competent state agencies to promulgate and organize the implementation of legal
documents on radio frequencies: to promulgate national technical regulations on
radio equipment, radio emission, electromagnetic compatibility and radio
radiation safety;
b/ To approve or submit to
competent state agencies for approval and organize the implementation of. the
planning on the radio frequency spectrum; to allocate frequency bands for
national defense and security purposes: to specify conditions for the
allocation, assignment and use of radio frequencies:
c/ To grant, modify, supplement,
extend or revoke radio frequency use licenses; to manage the fee for the grant
of radio frequency use licenses and the charge for the use of radio frequencies
under the law on charges and fees:
d/ To organize radio frequency
and satellite orbit coordination with other countries, territories and
international organizations; to register radio frequencies and satellite orbits
with international organizations:
e/ To examine and control radio
frequencies and handle harmful interference:
f/ To inspect, examine and
settle complaints and denunciations and handle violations of the law on radio
frequencies:
g/ To undertake international
cooperation in the domain of radio frequencies;
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i/ To conduct propaganda about
and dissemination of the law on radio frequencies.
3. Ministries and
ministerial-level agencies shall, within the ambit of their tasks and powers,
coordinate with the Ministry of Information and Communications in performing
the state management of radio frequencies.
4. People's Committees at all
levels shall, within the ambit of their tasks and powers, perform the state
management of radio frequencies in their localities.
Article 6.
The specialized management agency in charge of radio frequencies
The specialized management agency
in charge of radio frequencies is an agency under the Ministry of Information
and Communications and responsible for assisting the Minister of Information
and Communications in performing a number of tasks of state management of radio
frequencies assigned and decentralized by competent state agencies.
Article 7.
Specialized inspection of radio frequencies
The Ministry of Information and
Communications shall perform specialized inspection of radio frequencies and
organize the apparatus of the specialized inspectorate under the law on
inspection.
Article 8.
International cooperation on radio frequencies
1. International cooperation on
radio frequencies shall be undertaken on the principles of respect for
independence and sovereignty, equality and mutual benefits.
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a/ Conclusion of treaties and
international agreements on radio frequencies:
b/ International registration
and coordination of radio frequencies and satellite orbits;
c/ Exchange of information and
experience on radio frequencies in order to raise the effectiveness of the
management and use of Vietnam's radio frequencies and conform with the world's
development trend;
d/ Establishment and development
of cooperation relationships in the management and use of radio frequencies
with other countries and territories; training and development of human
resources; formulation and implementation of international programs and
projects on radio frequencies.
3. The Ministry of Foreign
Affairs shall assume the prime responsibility for, and coordinate with the
Ministry of Information and Communications in. specifically guiding the order
and procedures for the conclusion of international agreements on radio
frequencies.
Article 9.
Prohibited acts
1. Using radio frequencies and
equipment against the State of the Socialist Republic of Vietnam or to the
detriment of national defense, security, social order and safety: or causing
damage to the interests of the State and legitimate rights and interests of
organizations and individuals.
2. Using radio frequencies
exclusively reserved for emergency, safety, search, rescue, salvage, national
defense and security for other purposes.
3. Obstructing agencies,
organizations and persons on duty in performing their tasks of inspecting,
examining and controlling radio frequencies and satellite orbits.
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5. Sabotaging radio technical
infrastructure facilities; unlawfully obstructing the lawful building of radio
technical infrastructure facilities.
6. Abusing one's position and
powers to commit violations of the law on radio frequencies.
Chapter II
RADIO FREQUENCY PLANNING
Article 10.
Principles of elaboration and approval of radio frequency master plans
1. Being compliant with
Vietnam's laws and treaties to which the Socialist Republic of Vietnam is a
contracting party, and international law and practices.
2. Being in line with the socio-economic
development strategy, planning and plans in each period: ensuring harmony
between the needs for using radio frequencies for socio-economic development,
national defense and security.
3. Being conformable with the
trend of development of radiocommunication services in the world and
concurrently taking into account the practical use of radio frequencies in
Vietnam.
4. Assuring the rational,
effective and economical management and use of radio frequencies for proper
purposes.
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6. Being conformable with the
trend of radio technology and service convergence.
7. Being in line with the
national planning on telecommunications development with regard to frequency
bands used in telecommunications activities.
Article 11.
Types of radio frequency master plans: competence to approve and implement
radio frequency master plans
1. Radio frequency master plans
include:
a/ National plan on the radio
frequency spectrum, which is a master plan on the division of the radio
frequency spectrum into frequency bands reserved for different
radiocommunication services, prescribing use purposes and conditions for each
frequency band:
b/ Master plan on frequency
bands, which is a master plan on the allocation of one or more frequency bands
for a radiocommunication service or radiocommunication system, prescribing
specific use principles and conditions for such frequency band(s):
c/ Master plan on division of
frequency channels, which is a master plan on the division of frequency bands
into frequency channels for a specified communication service according to
certain standards, prescribing use conditions for such frequency channels:
d/ Master plan on the use of
frequency channels, which is a master plan on the arrangement and conditions
for using frequency channels in a system for a specified radiocommunication
service.
2. Competence to approve and
implement radio frequency master plans is provided for as follows:
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b/ The Minister of Information
and Communications shall approve master plans on frequency bands, the division
of frequency channels or use of frequency channels based on the national plan
on the radio frequency spectrum:
c/ The Minister of Information
and Communications shall assume the prime responsibility for. and coordinate
with competent agencies in. appraising the conformity of development master
plans and plans of sectors using radio frequencies with radio frequency master
plans.
3. The manufacture and import of
radio equipment and radio-wave appliances for use in Vietnam and the management
and use of radio frequencies must comply with radio frequency master plans and
law.
Article 12.
Withdrawal of the right to use a radio frequency for the implementation of
master plans
Withdrawal of the right to use a
radio frequency for the implementation of a master plan means the withdrawal by
a competent state agency, of the whole or part of the right to use a frequency
band or channel already granted to an organization or individual when
its/his/her radio frequency use license is still valid, for changing the use
purpose or users.
2. The withdrawal of the right
to use a radio frequency shall be made in the following cases:
a/ The radio frequency will be
used for national defense or security purpose or for national interests:
b/ The use purpose and eligible
users of the radio frequency are no longer in line with the radio frequency
master plan.
3. The Ministry of Information
and Communications shall publicly announce the radio frequency master plan,
time of and plans on change of radio frequencies and equipment for the
implementation of the master plan, and notify such to organizations and
individuals whose right to use a radio frequency is withdraw n.
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5 Organizations and individuals
whose right to use a radio frequency is withdrawn under Clause 2 of this Article
will be compensated under law.
Chapter III
MANAGEMENT OF RADIO
EMISSION QUALITY. RADIO RADIATION SAFETY AND ELECTROMAGNETIC COMPATIBILITY
Article 13.
Management of radio emission quality
1. Organizations and individuals
that manufacture or import radio equipment on the list of radio equipment which
are likely to cause harmful interference shall conduct certification and
announcement of regulation conformity and affix regulation conformity stamps to
such equipment before marketing or using them.
2. The Minister of Information
and Communications shall promulgate the list ol radio equipment which are
likely to cause harmful interference and require regulation conformity
certification, announcement and stamps.
3. The Ministry of Science and
Technology shall appraise and publicize national standards of radio emission
after reaching agreement with the Ministry of Information and Communications.
4. The mutual recognition of
results of assessment of conformity with standards and technical regulations on
radio emission between Vietnam and other countries and territories shall be
made in accordance with treaties to which the Socialist Republic of Vietnam is
a contracting party: the mutual recognition between Vietnam's conformity
assessment organization and conformity assessment organizations of other
countries and territories shall be effected in accordance with their
agreements.
Article 14.
Management of radio radiation safety
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2. Users of radio stations,
radio equipment and radio-wave appliances shall comply with the law on
assurance of radio radiation safety.
3. Manufacturers or importers of
radio equipment and radio-wave appliances on the list of those likely to
produce unsafe radio radiation shall conduct regulation conformity
certification and announcement and affix regulation conformity stamps to such
equipment before marketing or using such them.
4. Before putting radio stations
on the list of those subject to compulsory inspection of radio radiation safety
into operation, organizations and individuals shall inspect these stations.
5. The Minister of Information
and Communications shall promulgate a list of radio equipment and radio-wave
appliances likely to produce unsafe radio radiation and requiring regulation
conformity certification and announcement and use of regulation conformity
stamps; the list of radio stations subject to compulsory inspection of radio
radiation safety; prescribe inspection procedures and publicly announce a list
of organizations qualified for inspecting radio radiation safety of radio
stations.
Article 15.
Management of electromagnetic compatibility
1. Users of electric or
electronic equipment producing radio radiation shall comply with regulations on
management of electromagnetic compatibility.
2. Manufacturers or importers of
electric or electronic equipment producing radio radiation on the list of those
likely to become unsafe due to electromagnetic incompatibility as specified in
Clauses 3 and 4 of this Article shall conduct regulation conformity
certification and announcement and affix regulation conformity stamps to such
equipment before marketing or using such them.
3. The Minister of Information
and Communications shall promulgate a list of radio equipment,
telecommunications equipment, information technology equipment and radio-wave
appliances likely to become unsafe due to electromagnetic incompatibility.
4. After reaching agreement with
the Ministry of Information and Communications, the Minister of Information and
Communications shall promulgate a list of electric or electronic equipment
producing radio radiation and likely to become unsafe due to electromagnetic
incompatibility, except those on the list specified in Clause 3 of this
Article: and announce national standards on electromagnetic compatibility for
electric and electronic equipment producing radio radiation.
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Chapter IV
LICENSING AND USE OF
RADIO FREQUENCIES
Article 16.
Radio frequency use licenses
1. Organizations and individuals
that wish to use radio frequencies and equipment shall obtain relevant radio
frequency use licenses, except in the cases specified in Article 27 of this
Law.
Radio frequency use licenses
include radio frequency and equipment use license, frequency band use license
and frequency and satellite orbit use license.
2. Validity durations of radio
frequency use licenses are prescribed as follows:
a/ A radio frequency and
equipment use license will be valid for maximum 10 years and granted for
organizations and individuals to use radio frequencies and equipment under
specified conditions:
b/ A frequency band use license
will be valid for maximum 15 years and granted for organizations to use given
frequency bands or channels under specified conditions:
c/ A frequency and satellite
orbit use license will be valid for maximum 20 years and granted for
organizations to operate radio stations on satellites at specified satellite
orbit locations or to use given frequency bands under specified conditions.
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4. The Minister of Information
and Communications shall specify procedures for granting, modifying,
supplementing and revoking radio frequency use licenses.
Article 17.
Licensing principles
1. Publicity, transparency and
lawfulness.
2. Compliance with the radio
frequency master plan.
3. Satisfaction of radio
technology and service convergence requirements.
4. Assurance of feasibility,
rationality, efficiency, thrift and proper purposes: protection of lawful
rights and interests of radio service users.
5. Primary services are prioritized
over secondary services.
6. Satisfaction of the needs for
using radio frequencies for public interests and performing the State's
public-utility tasks.
7. The grant of radio frequency
use licenses to Vietnam-based foreign diplomatic missions and consular offices
and representative offices of international organizations, and high-ranking
foreign delegations visiting Vietnam that enjoy diplomatic privileges and
immunities must comply with this Law. treaties to which the Socialist Republic
of Vietnam is a contracting party, and international law and practices.
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1. Licensing methods are
prescribed as follows:
a/ Direct licensing shall be
conducted on the basis of consideration of license application dossiers;
b/ Licensing through
examinations to select entities eligible for the right to use a radio frequency
shall be conducted on the basis of appraisal of their dossiers according to
basic criteria of financial, investment, professional technical and business
capabilities and human resources;
c/ Licensing through auction of
the right to use a radio frequency shall be conducted on the basis of appraisal
of bid dossiers according to certain criteria and bids offered.
2. Direct licensing shall be applied
to radio frequencies to be used for the State's public-utility tasks or of low
commercial value or the demands for which do not exceed the radio frequency
allocation capacity indicated in the radio frequency master plan, and on the
first come first served principle.
3. Licensing through auction or
examination to select entities eligible for the right to use a radio frequency
is specified as follows:
a/ It shall be applied to
frequency bands or channels of high commercial value and the demands for which
exceed the allocation capacity indicated in the radio frequency master plan;
b/ Participants in auctions or
examinations to select entities eligible for the right to use a frequency band
or channel are organizations eligible for the grant of a telecommunications
network establishment license under the law on telecommunications;
c/The Prime Minister shall
detail the auction of the right to use a radio frequency; decide on frequency
bands or channels to be auctioned or subject to examination to select entities
eligible for the right to use a radio frequency in each period and in line with
the radio frequency master plan. The Minister of Information and Communications
shall detail the examination to select entities eligible for the right to use a
radio frequency.
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1. Entities to be licensed
include:
a/ Vietnamese organizations and
citizens and foreign organizations that lawfully operate in Vietnam:
b/ Foreigners who use amateur
radio stations or radio frequencies for other purposes under regulations of the
Minister of Information and Communications.
2. Conditions on licensees:
a/ Using a radio frequency and
equipment for purposes and radiocommunication services not banned by law;
b/ Possessing a telecommunications
license under the law on telecommunications, for organizations applying for a
radio frequency use license to establish a telecommunications network or radio
or television broadcasting network:
c/ Possessing a press activity
license or being permitted to rebroadcast radio or television programs under
law;
d/ Having a feasible radio
frequency use plan in line with the radio frequency master plan;
e/ Having radio equipment
conformable with technical regulations on radio emission, radio radiation
safety and electromagnetic compatibility;
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g/ Possessing a radio operator
certificate, for those falling in the case specified in Clause 1. Article 32 of
this Law.
3. The Ministry of Information
and Communications shall assume the prime responsibility for. and coordinate
with concerned ministries and ministerial-level agencies in. specifically
guiding the grant of radio frequency and equipment use licenses to
Vietnam-based foreign diplomatic missions and consular offices and
representative offices of international organizations, and high-ranking foreign
delegations visiting Vietnam that enjoy diplomatic privileges and immunities.
Article 20.
Grant of frequency band use licenses
1. Entities to be licensed are
organizations lawfully operating in Vietnam.
2. Conditions on licensees are
specified as follows:
a/ Meeting all the conditions
specified at Points a. b. d. e and f. Clause 2. Article 19 of this Law in case
of direct licensing;
b/ Winning an auction or passing
an examination to select entities eligible for the right to use a radio
frequency.
Article 21.
Grant of frequency and satellite orbit use licenses
1. Entities to be licensed are
organizations lawfully operating in Vietnam.
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a/ Having adequate financial and
technical capabilities and human resources for management and operation of
satellites:
b/ Having a feasible plan on the
efficient use of the satellite orbit for purposes and radiocommunication
services not banned by law;
c/ Having committed to comply
with Vietnam's laws and treaties to which the Socialist
Republic of Vietnam is a contracting
party on the use of radio frequencies, satellite orbits and outer space.
Article 22.
Extension, modification and supplementation of radio frequency use licenses
1. The extension of a license
must adhere to the licensing principles specified in Article 17 of this Law and
the following provisions:
a/The licensed organization or
individual has fulfilled all obligations prescribed for each kind of radio
frequency use license:
b/ The remaining validity
duration of the license is at least 30 days for radio frequency and equipment
use licenses: 60 days for frequency band use licenses: or 90 days for frequency
and satellite orbit use licenses;
c/The total of the first-time
validity duration and validity duration extensions of a license must not exceed
the maximum validity duration prescribed for each kind of license. In case the
first-time validity duration of a license is equal to the maximum validity
duration prescribed for the relevant kind of license, only an extension of up
to one year may be permitted.
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a/ The license is still valid:
b/ The licensed organization or
individual has fulfilled all the obligations prescribed for each kind of
license:
c/ The modification or
supplementation must comply with Articles 19. 20 and 21 of this Law.
Article 23.
Revocation of radio frequency use licenses
1. Organizations and individuals
shall have their radio frequency use licenses revoked in the following cases:
a/ Using radio frequencies
against the State of the Socialist Republic of Vietnam or to the detriment of
national defense and security, social order and safety:
b/Using radio frequencies not in
compliance with their licenses, causing serious damage to the interests of the
State, and legitimate rights and interests of organizations and individuals:
c/ Intentionally and illegally
causing harmful interference to other radio equipment or equipment systems, or
using radio frequencies exclusively used for national defense and security,
emergency, safety, search, rescue and salvage for other purposes, causing
serious consequences:
d/ Intentionally committing
deceitful acts or supplying untruthful information to obtain a license:
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f/ Failing to actually perform
operations indicated in their licenses for 2 years after the licensing date:
g/ Having their
telecommunication licenses, press activity licenses or their right to
rebroadcast relevant radio or television programs revoked.
2. One year after having their
radio frequency use licenses revoked under Points b. c. d and e. Clause 1 of
this Article, in case their violations are not serious enough for penal
liability examination and they have remedied consequences caused by their
violations and meet all the conditions for licensing specified in this Clause,
organizations and individuals may be considered for the re-grant of a radio
frequency use license.
Article 24.
Transfer of the right to use a radio frequency
1. The transfer of the right to
use a radio frequency is specified as follows:
a/ Organizations licensed to use
a frequency band or channel through auction may transfer the right to use of a
radio frequency to other organizations;
b/ Organizations transferring
the right to use a radio frequency must possess a valid radio frequency use
license;
c/ Organizations receiving the
right to use a radio frequency must meet the conditions on participants in an
auction or examination to select entities eligible for the right to use radio
frequencies specified at Point b. Clause 3. Article 18. and the licensing
conditions specified at Points a. b. d. e and f. Clause 2. Article 19 of this
Law;
d/ The transfer is approved in
writing by the Ministry of Information and Communications:
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f/ The legitimate rights and
interests of involved organizations and individuals are assured.
2. The Prime Minister shall
detail the transfer of the right to use a radio frequency.
Article 25.
Lease or lending of radio equipment
1. Owners of means of transport furnished
with radio equipment and owners of amateur radio stations may reach agreement
in writing to lease or lend radio equipment for which they have been licensed
to other organizations and individuals for operation, and shall notify such to
the specialized management agency in charge of radio frequencies.
2. Radio equipment lessees or
borrowers must meet the conditions of licensees specified in Clause 1. Article
19 of this Law. Radio equipment lessors, lessees, lenders and borrowers shall
comply with the law on radio frequencies and other relevant laws.
3. The Minister of Information
and Communications shall detail the lease or lending of radio equipment.
Article 26.
Common use of radio frequencies
1. Organizations and individuals
that use a radio frequency at a low level or while traveling in a wide area
shall share the radio frequency with other organizations and individuals and
accept the effects of the common use.
2. Organizations and individuals
licensed to commonly use a radio frequency shall use only the radio frequency
indicated in their licenses and may use encryption or other technical solutions
to assure information confidentiality.
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Article 27.
Exemption from radio frequency use licensing
1. Radio equipment exempt from
radio frequency use licensing includes:
a/ Short-range radio equipment
of a limited output and unlikely to cause harmful interference, which are on
the list mentioned in Clause 2 of this Article;
b/ Radio equipment installed on
board foreign seagoing ships or airplanes traveling through Vietnamese
territory, which are exempt from licensing under international agreements or
treaties to which the Socialist Republic of Vietnam is a contracting party.
2. The Minister of Information
and Communications shall announce a list of radio equipment exempt from radio
frequency use licensing, together with their technical and operation
conditions.
3. Manufacturers or importers of
radio equipment on the list mentioned in Clause 2 of this Article shall
announce and assure that manufactured or imported equipment meet the technical
and operation conditions required for radio equipment exempt from radio
frequency use licensing before marketing such equipment.
4. Users of radio equipment
exempt from radio frequency use licensing shall assure all technical and
operation conditions for such equipment.
Article 28.
Rights and obligations of organizations and individuals licensed to use radio
frequencies and equipment
1. To use radio frequencies and
equipment according to their licenses.
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3. To lodge complaints about or
denunciations against illegal acts in the domain of radio frequencies.
4. To install and use radio
equipment and frequencies in accordance with relevant laws.
5. To design and install radio
stations and antenna posts in accordance with regulations on electromagnetic
compatibility, radio radiation safety, construction and aviation safety and
other relevant regulations.
6. To submit to radio frequency
inspection, examination and control by competent state agencies.
7. To fulfill financial
obligations for the use of radio frequencies as prescribed by law.
8. To participate in the
international registration and coordination in radio frequencies, for the
cases specified in Article 41 of this Law.
9. To comply with agreements on
the international coordination in radio frequencies and treaties to which the
Socialist Republic of Vietnam is a contracting party.
Article 29.
Rights and obligations of organizations licensed to use frequency bands
1. To decide on the number and
categories of radio equipment operating in a radiocommunication network.
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3. To lodge complaints about
illegal acts in the domain of radio frequencies.
4. To strictly comply with the provisions
of their licenses; to promptly report on changes in techniques or the list of
radio transmitting equipment in a radiocommunication network.
5. To comply with regulations on
radio frequencies.
6. To design and install radio
stations and antenna posts in accordance with regulations on radio radiation
safety, electromagnetic compatibility and construction and aviation safety, and
other relevant regulations.
7. To handle harmful
interference between radio equipment within their radiocommunication networks.
8. To coordinate with licensed
organizations in adjacent frequency bands in using radio frequencies and
preventing harmful interference.
9. To submit to radio frequency
inspection, examination and control by competent state agencies.
10. To fulfill financial
obligations for the use of radio frequencies as prescribed by law.
11. To participate in the
international registration and coordination in radio frequencies, for the cases
specified in Article 41 of this Law.
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Article 30.
Rights and obligations of organizations licensed to use radio frequencies and
satellite orbits
1. To decide on the number and
categories of radio equipment operating in a radiocommunication network.
2. To enter into joint ventures
or partnerships with other organizations in managing and operating satellites.
3. To lodge complaints about
illegal acts in the domain of radio frequencies.
4. To strictly comply with the
provisions of their radio frequency and satellite orbit use licenses.
5. To comply with Vietnam's laws
and treaties on the outer space to which the Socialist Republic of Vietnam is a
contracting party.
6. To submit to radio frequency
inspection, examination and control by competent state agencies.
7. To fulfill financial
obligations for the use of radio frequencies and satellite orbits as prescribed
by law.
8. To participate in the
international registration and coordination in radio frequencies and satellite
orbits, for the cases specified in Article 41 of this Law.
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Article 31.
Charge for the use of a radio frequency and fee for the grant of a radio
frequency use license
1. Users of a radio frequency
shall pay a charge for the use of a radio frequency and a fee for the grant of
a radio frequency use license
2. The charge for the use of a
radio frequency is prescribed on the basis of the economic value of the used
radio frequency; use purpose; level of radio frequency spectrum occupancy:
service coverage; demand for and level of the use of frequency channels in a
frequency band and geographical areas in which the radio frequency is used; and
to cover expenses for the management of radio frequencies and the realization
of relevant state policies in each period.
3. The charge for the use of a
radio frequency prescribed in Clause 2 of this Article is exclusive of proceeds
from the auction of the right to use a radio frequency.
4. The Ministry of Finance shall
assume the prime responsibility for. and coordinate with the Ministry of Information
and Communications in. prescribing or proposing a competent state agency to
prescribe the rates and regime of collection, remittance, management and use of
the charge for the use of a radio frequency and the fee for the grant of a
radio frequency use license.
Article 32.
Radio operator certificates
1. Operators of radio equipment
in the maritime or aeronautical mobile service or amateur radio service must
possess a radio operator certificate.
2. The Minister of Information
and Communications shall provide in detail kinds of radio operator
certificates: eligible applicants, conditions and procedures for the grant and
revocation of radio operator certificates and recognition of foreign radio
operator certificates: and the training of radio operators.
3. The Minister of National
Defense and the Minister of Public Security shall provide in detail conditions
and procedures for the grant and revocation of radio operator certificates in
the domains of national defense and security after reaching agreement with the
Minister of Information and Communications; and the training of radio operators
in the domains of national defense and security.
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1. In a case of emergency in which
human life and assets are threatened, organizations and individuals may
temporarily use radio frequencies and equipment for which licenses have not
been granted to make emergency calls and shall notify such to the specialized
management agency in charge of radio frequencies.
2. Organizations and individuals
may also use radio stations to transmit SOS information or signals to attract
attention on radio frequencies not exclusively reserved for SOS calls.
3. Upon receiving SOS
information or signals, organizations and individuals using radio stations
shall keep listening to them on radio frequencies on which SOS calls are
transmitted, respond and promptly render all necessary assistance, and at the
same time notify the search and rescue agency thereof.
Chapter V
RADIO FREQUENCY
EXAMINATION AND CONTROL AND HANDLING OF HARMFUL INTERFERENCE
Article 34.
Entities subject to radio frequency examination and control
1. Users of radio frequencies
and equipment in the territory of the Socialist Republic of Vietnam shall
submit to radio frequency examination and control by a competent state agency.
2. Operators of radio equipment
and radio equipment installed on board Vietnamese or foreign seagoing ships and
airplanes entering the territory of the Socialist Republic of Vietnam shall
comply with Vietnam's laws, international agreements and treaties to which the
Socialist Republic of Vietnam is a contracting party and submit to radio
frequency examination and control by a competent state agency.
Article 35.
Responsibilities for radio frequency examination and control
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2. The Ministry of National
Defense and the
Ministry of Public Security
shall organize examination and control of radio frequencies exclusively used
for national defense and security purposes.
3. Results of radio frequency
examination and control, seizure and measurement of technical parameters of
radio equipment by a state agency competent to examine and control radio
frequencies shall serve as evidence for the identification and handling of violations
of the law on radio frequencies and the handling of harmful interference.
Article 36.
Modes of examination
1. Regular examination shall be
conducted under examination programs and plans approved by competent state
agencies defined in Clauses 1 and 2, Article 35 of this Law.
2. Irregular examination shall
be conducted upon handling of harmful interference or detection of signs of
violations of the law on radio frequencies.
Article 37.
Measures to restrict harmful interference
Organizations and individuals
licensed to use radio frequencies shall strictly comply with the provisions of
their licenses and take the following measures to restrict harmful
interference:
1. To keep transmission radio
frequencies within the frequency deviation limit prescribed by the Ministry of
Information and Communications:
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3. To use a transmission mode
with the minimum occupied bandwidth corresponding to applied technologies:
4. To restrict radio wave reception
and transmission in unnecessary' directions;
5. To use the minimum capacity
enough to assure communication quality.
Article 38.
Principles on the handling of harmful interference
1. The specialized management
agency in charge of radio frequencies shall handle harmful interference on the
following principles:
a/ Prioritizing radio emission
within a frequency bandwidth necessary for radio stations and minimizing
unwanted radio emission;
b/ Prioritizing primary services
over secondary services in the change of radio frequencies or transmission
technical parameters for the handling of harmful interference;
c/ Requesting organizations and
individuals that use radio stations causing harmful interference to take
measures to change radio frequencies; limit the transmission capacity; change
the height, polarization and directional characteristics of transmission
antennas; and redistribute the working time of harmful interference-causing
radio stations and other necessary measures to prevent interference;
d/ Requesting users of electric
or electronic equipment or radio wave appliances causing harmful interference
to take measures to eliminate interference:
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f/ Organizations and individuals
that cause interference due to their non-compliance with the provisions of
their licenses shall bear expenses for the change of radio frequencies or
equipment, and handling of harmful interference: if causing damage, they shall
pay compensations under law;
g/ Users of radio equipment
causing harmful interference in violation of the law on radio frequencies shall
remedy such harmful interference and be handled under law.
2. Organizations and individuals
that request the specialized management agency in charge of radio frequencies
to handle harmful interference shall supply adequate information on harmful
interference; if supplying untruthful information or evidence, they shall be
handled under law.
Article 39.
Procedures for handling harmful interference
1. When being affected by harmful
interference, licensed users of radio frequencies shall carry out the following
procedures for handling:
a/ Notifying the harmful
interference to the specialized management agency in charge of radio
frequencies;
b/ Following the instructions of
the specialized management agency in charge of radio frequencies to identify
interference sources and causes, and taking measures to handle harmful
interference.
2. When tracing causes of
harmful interference, the specialized management agency in charge of radio frequencies
has the following rights and responsibilities:
a/ To measure directly technical
parameters of radio equipment or electric or electronic equipment or radio wave
appliances which might have caused harmful interference;
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c/ To mitigate impacts on the
normal operation of radio equipment during the time of direct measurement or
temporary cessation of the operation for tracing causes of harmful
interference.
3. Users of radio frequencies
and equipment in harmful interference-affected areas shall coordinate with the
specialized management agency in charge of radio frequencies and create
favorable conditions for quickly and accurately tracing interference sources
and effectively handling interference.
4. Owners of harmful
interference-causing equipment shall repair or improve the functions or shut
down the operation of such equipment and take other measures at the request of
the specialized management agency in charge of radio frequencies to eliminate
harmful interference.
Article 40.
Technical safety corridors of radio stations
1. The technical safety corridor
of a radio station is the space in the direction of reception or transmission
necessary for assuring the normal operation of the radio station.
2. The Minister of Information
and Communications shall assume the prime responsibility for. and coordinate
with the Minister of Construction, the Minister of National Defense and the
Minister of Public Security in. promulgating regulations on technical safety
corridors of radio stations and a list of radio stations with assured technical
safety corridors together with their addresses and installation locations.
Chapter VI
INTERNATIONAL
REGISTRATION AND COORDINATION IN RADIO FREQUENCIES AND SATELLITE ORBITS
Article 41.
Cases of international registration and coordination in radio frequencies and
satellite orbits
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1. They use radio frequencies
and equipment which arc likely to cause harmful interference to
radiocommunication services of other countries;
2. They use radio frequencies
for international radiocommunication systems:
3. They use radio frequencies
already allocated by international organizations to countries;
4. They use radio frequencies in
cases of necessity to conduct international coordination in radio frequencies
under international agreements or treaties to which the Socialist Republic of
Vietnam is a contracting party;
5. They need to be protected
from harmful interference from radiocommunication systems of other countries.
Article 42.
International registration and coordination in radio frequencies and satellite
orbits for satellite systems
1. International registration and
coordination in radio frequencies and satellite orbits for satellite systems
shall be conducted under regulations of the International Telecommunications
Union.
2. The Ministry of Information
and Communications shall:
a/ Examine the validity of
dossiers for the registration of radio frequencies and satellite orbits, and
carry out the registration with the International Telecommunications Union:
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c/ Approve results of radio
frequency and satellite orbit coordination under Article 44 of this Law.
3. Organizations using radio
frequencies and satellite orbits shall:
a/ Comply with the provisions on
the international registration and coordination in radio frequencies and
satellite orbits of this Law and treaties to which the Socialist Republic of
Vietnam is a contracting party:
b/ Directly coordinate radio
frequencies with foreign organizations under Article 44 of this Law;
c/ Take part in the radio
frequency and satellite orbit coordination with radio frequency administrations
of other countries for which the Ministry of Information and Communications
assumes the prime responsibility;
d/ Pay the radio frequency and
satellite orbit registration fee under regulations of the International
Telecommunications Union:
e/ Take necessary measures to
handle harmful interference with other satellite systems under regulations of
the International Telecommunications Union.
Article 43.
International registration and coordination in radio frequencies and satellite
orbits for terrestrial radiocommunication systems
1. The Ministry of Information
and Communications shall:
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b/ Organize the international
coordination in radio frequencies with other countries under regulations of the
International Telecommunications Union;
c/ Examine the validity of
dossiers for the registration of radio frequencies and carry out the
registration with the International Telecommunications Union;
d/ Approve results of
international coordination in radio frequencies under Article 44 of this Law.
2. Organizations using radio
frequencies shall:
a/ Comply with regulations on
the international registration and coordination in radio frequencies:
b/ Directly coordinate radio
frequencies with foreign organizations under Article 44 of this Law:
c/ Take part in the radio
frequency coordination with radio frequency administrations of other countries
for which the Ministry of Information and Communications assumes the prime
responsibility:
d/ Pay the radio frequency
registration fee under regulations of the International Telecommunications
Union;
e/ Take necessary measures to
handle harmful interference with radiocommunication systems of other countries
under regulations of the International Telecommunications Union.
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1. Organizations using radio
frequencies and satellite orbits mentioned in Article 41 of this Law may
directly coordinate with organizations using foreign radio frequencies and
satellite orbits when so permitted by the Ministry of Information and
Communications.
2. The radio frequency and
satellite orbit coordination with organizations using foreign radio frequencies
and satellite orbits must guarantee national interests and comply with regulations
of the International Telecommunications Union.
3. Results of radio frequency
and satellite orbit coordination will be valid after being approved by the
Ministry of Information and Communications.
Chapter
VII
MANAGEMENT AND USE OF
RADIO FREQUENCIES FOR NATIONAL DEFENSE AND SECURITY PURPOSES
Article 45.
Allocation of radio frequencies for national defense and security purposes
1. The Ministry of Information
and Communications shall assume the prime responsibility for. and coordinate with
the Ministry of National Defense and the Ministry of Public Security in.
proposing the Prime Minister to approve the allocation of radio frequencies for
national defense and security purposes in each period based on the national
plan on the radio frequency spectrum.
2. In case the Ministry of
National Defense and the Ministry of Public Security need to use for national
defense and security purposes radio frequencies other than those exclusively
allocated to them, agreement of the Ministry of Information and Communications
is required.
3. In circumstances which might
directly impact the national sovereignty and security, the Ministry of National
Defense and the Ministry of Public Security may use radio frequencies other
than those allocated to them for national defense and security purposes and
notify such to the Ministry of Information and Communications.
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1. The Ministry of National
Defense and the Ministry of Public Security shall:
a/ Provide for the management
and use of radio frequencies allocated for national defense and security
purposes, assuring the efficient and economical use of allocated radio
frequencies for proper purposes and in line with the national plan on the radio
frequency spectrum;
b/ Elaborate and apply standards
on radio equipment, radio emission and electromagnetic compatibility to the use
of radio frequencies for national defense and security purposes, ensuring
conformity with relevant national technical regulations:
c/ Grant, modify, supplement,
extend and revoke radio frequency use licenses and radio operator certificates
in the domain of national defense and security:
d/ Examine and control radio
frequencies, handle harmful interference; inspect and settle complaints and
denunciations, and handle violations of the law on radio frequencies in the
domains of national defense and security;
e/ Designate their specialized
agencies in charge of radio frequency management to advise and assist the
Ministers in organizing the management, examination and control of radio
frequencies allocated for national defense and security purposes.
2. The Ministry of Information
and Communications shall assume the prime responsibility for. and coordinate
with the Ministry of National Defense and the Ministry of Public Security in.
formulating the following mechanisms for coordination:
a/ The management and use of
frequency bands for common use for national defense, security and
socio-economic development purposes;
b/ The handling of harmful
interference between radio stations for socio-economic development and those
for national defense and security;
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Article 47.
Management and use of interference-causing devices
1. The Ministry of National
Defense and the Ministry of Public Security may use interference-causing
devices to perform the task of national defense and prevention and combat of
all activities infringing upon national security, social order and safety.
When necessary to use
interference-causing devices, agencies and organizations outside the Ministry
of National Defense and the Ministry of Public Security shall obtain permission
of the Prime Minister.
2. When using
interference-causing devices, agencies and organizations mentioned in Clause 1
of this Article shall comply with regulations of the management and use of
interference-causing devices.
3. The Prime Minister shall
provide in detail the management and use of interference-causing devices.
Chapter
VIII
IMPLEMENTATION PROVISIONS
Article 48.
Effect
1. This Law takes effect on July
1. 2010.
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Article 49.
Implementation detailing and guidance
The Government and competent
agencies shall detail and guide the implementation of articles and clauses
assigned to them in this Law. and guide other necessary provisions of this Law
to meet state management requirements.
This Law was passed on
November 23, 2009. by the National Assembly of the Socialist Republic of
Vietnam at its 6th session.
CHAIRMAN
OF THE NATIONAL ASSEMBLY
Nguyen Phu Trong